NFC & AFC Title Game Predictions for Sunday January 20, 2013
 
Well, we’re down to the “final four” of our annual NFL Super Bowl tournament.  
 
Last Week’s Picks
 
We did very, very well again with last week’s picks–we picked every game correctly, and only missed the Denver-Baltimore game, which was decided by a FG in a second overtime, 38-35.  But for the Baltimore upset, we would have been 4 for 4.

Taking the prior weekend’s picks into account, we are 6 for 8 or batting .750.  Not too shabby.  
 
The Super Bowl was Named for the Wham-O “Super Ball”.  See Discussion, Below.  I had one of these when I was a kid. As you can plainly see, SuperBalls were made of “amazing Zectron”.
 
 
Before we get to Denver-Baltimore, let’s go over the other games.  SF-Green Bay played out like we saw it in the first half, a very close game.  In the second half, Green Bay seemed to play tired, like a team coming off a wild card round, while SF seemed like the rested team they were, and SF steadily pulled away in the second half.  While it was surprising that QB Aaron Rodgers did not provide more offense in the 2d half, it’s also true that he was slightly missing on some throws while SF seemed to make all the big plays.  Again, fatigue has to play a role in things like that, and Rodgers, for Green Bay to win, has to toss it up there @50 times a game.    
 
The Seahawks-Falcons game also played out like we thought through @ 2 1/2 quarters, with the Falcons in firm control and up twenty points.  Then, the Seahawks, as with last week, mounted a furious comeback, eventually taking the lead 28-27 with less than a minute to go.  This again shows how evenly matched those teams were,and how very good a coach Pete Carroll is–his team never quit, even though they were on the road and they were tired.  You had to love the way Seattle played.  But even better was the way Atlanta responded–by going fifty yards in less than 20 seconds and then kicking the GW FG–showing that Matt Ryan’s experience–something we touted last week–together with the home field advantage–kicking in a dome is FG friendly–would prove very helpful to the Falcons when it came down to it.  So we got that one right.  Barely, but right.
 
Finally, we got the Pats-Texans game exactly right.  The Texans are a fine team, but they can’t keep up with the Pats’ offense, and they can’t hold them defensively.  That was not even a close game, and we didn’t think it would be, so we picked that one correctly and for the right reasons.  
 
So where did we go wrong with Denver?  What is the lesson?  Never pick Peyton Manning against Ray Lewis in a playoff game?  Well actually Peyton Manning was 2-0 vs Baltimore in prior playoff games.   
 
Here’s a stat worth considering:  Jake the Snake Plummer and Tim Tebow each have more playoff wins in a Denver Broncos jersey as starting QBs, than Peyton Manning.  This has to be embarassing to Peyton Manning, whose little brother Eli Manning of the NY Giants has two Super Bowl wins against the NE Pats on his resume to Peyton’s one win in the Super Bowl.
 
Well, we said Ray Lewis was a warrior, and in the end, the Baltimore Defense made Peyton Manning look awful.  They won the game by forcing him to roll right in OT, and make a terrible off balance throw that resulted in an interception, a throw that Peyton Manning never makes, normally speaking.  This results in an INT, Baltimore gets the ball, goes down and kicks the GW FG, game over.  
 
This is really the story.  
 
PREDICTIONS FOR AFC CHAMPIONSHIP AND NFC CHAMPIONSHIP THIS WEEKEND
Ravens at Pats 3 PM Sunday AFC Championship
 
First, we have the Baltimore Ravens at the New England Patriots in the early game, scheduled for 3 pm in New England, in a rematch of last years AFC title game.  There are three games we can look at here.
 
Initially, we have this years game between the two teams, which the Ravens won 31-30 on a GW FG as time expired, in week 3 of the season, back in September, in Baltimore.  The Baltimore defense essentially held Brady in check while Flacco & the Baltimore offense scored 10 unanswered points in the last five minutes of the game to beat the Pats.  Strong stuff.  
 
Second, you have last years AFC championship game, which the Pats won 23-20.   However, as everyone knows, Baltimore had a chip shot FG to tie, which Billy Cundiff missed with barely any time left on the clock, and Baltimore had numerous other opportunities in the 4th Quarter to come back from a 23-20 deficit.  The Pats were very lucky to escape out of that game as victors.  
 
Third, you have the 2009 wild card round game, wherein Baltimore came into New England and soundly whipped them, 33-14.  
 
Baltimore is the one team in the AFC that really gives Tom Brady trouble.  
 
Baltimore will be motivated to win because they lost last year, because Ray Lewis is looking at his last year, and because they know they can beat this New England team.  
 
On paper, this matchup strongly favors the Patriots, and they are at home, but the pick here is the Ravens in an upset.  
 
Ray Lewis is going to the Super Bowl.  
 
49ers at Falcons – NFC Championship
 
This is a very closely matched game on the stats.  Common opponents don’t really say much–the 49ers beat the Saints, while the Falcons split with the Saints, winning one and losing one.  The 49ers split with the Seahawks, winning one and losing one, while the Falcons hung on to beat the Seahawks in the playoff game this past weekend.  All this tells us is that both teams can play against very good opponents like the Seahawks and Saints and beat them on a given day.  It also tells us on any given Sunday either of them might lose to the Saints or the Seahawks, which we probably already knew, and therefore, there’s no 100% probability that if these guys played three games, one team would sweep all three–much more likely that there would be a split and then a deciding game.  
 
However, they only play one, and in this one, we pick the 49ers. The Falcons have much going for them–the home field, Matt Ryan being due, and Atlanta being ripe for a trip to the Super Bowl.  But on the other side you have a very tough SF 49er team, which features the rushing attack of one day HOFer Frank Gore (U. Miami Hurricane), who is 3d among career RBs in career rushing, just behind Adrian Peterson and both trailing Steven Jackson.  Gore is supplemented by a running QB in Colin Kaepernick, and a fervent defense.  
 
David Akers, who is a veteran kicker, should be an advantage, but he presents some weakness from beyond 40 yards, especially compared to Atlanta’s kicker Bryant.  If it comes down to FGs, there is an edge somewhat to Atlanta, though the dome will help both kickers.    The pick is still the 49ers.  
 
Postscript
 
We mentioned great RBs last week–but we forget to mention Emmitt Smith and Tony Dorsett among the greatest ever.  Smith is obviously among the greatest RBs ever to play the game, and a true champion, while Tony Dorsett, also a Dallas Cowboy great, could also do it all.  Both were great rushing as well as receiving, and both were durable and versatible backs who were at their best in the playoffs and in the biggest games.  No one could possible leave them off their teams.  Another mention has to be made of Franco Harris, the powerful and durable back of the Steelers dynasty of the 1970s.  
 
We were once (several of us) at a Penn-Princeton football game  many years back and sitting right in front of us, was Franco Harris, who was watching his son with the Princetonians.  He looked pretty much as he did during his playing days, and on his fingers were the four Super Bowl rings–quite a sight, mind you.  
 
We were not worthy.  
 
In fairness, you’d want a Franco Harris or an Emmitt Smith or a Tony Dorsett on your team any day of the week.  They were winners, and I can’t count how many Super Bowls, Conference Championships, playoff games, they all won  collectively, but it has to be a ton.  
 
The Name of the Super Bowl Derived from the Wham-O Super Ball, as Shown by This Exhibit in the Pro Football HOF in Canton, OH.  The fact that Lamar Hunt coined the name is recited therein.  The owners had decided to call it the “AFL-NFL Championship Game”.  Well, you see how well that worked.  No .92 resiliency coefficient.  “After watching his children play with a Super Ball, Lamar Hunt, founder of the American Football League, coined the term Super Bowl. In a July 25, 1966, letter to NFL commissioner Pete Rozelle, Hunt wrote, “I have kiddingly called it the ‘Super Bowl,’ which obviously can be improved upon.” Although the leagues’ owners decided on the name “AFL-NFL Championship Game,” the media immediately picked up on Hunt’s “Super Bowl” name, which would become official beginning with the third annual game.[8][17][18]”  http://en.wikipedia.org/wiki/Super_Ball
 
 
Final PS point:  
 
The Super Bowl was named after the Wham-O toy, the “Super Ball
 
It’s true.  Lamar Hunt and his fellow owners were sitting around one day figuring out what to call the new championship game back in the mid-60s and they got the name from the “Super” of “Super Ball”.  It’s told right here at: http://sports.yahoo.com/nfl/blog/shutdown_corner/post/Is-the-Super-Bowl-really-named-after-a-1960s-chi?urn=nfl-317028.
 
The key source for this story on the website is Michael MacCambridge’s “America’s Game: The Epic Story of How Pro Football Captured a Nation.”  (Random House, NY, NY 2004).  It can be located at Amazon.com at:
 
 
Here’s the Yahoo article: 
 
“Is the Super Bowl Really Named After a Children’s Toy?”
It seems too much like an urban legend to be true that the Super Bowl was named after a children’s novelty toy that was popular in the mid-1960s.
But strange as it sounds, it is. The name of America’s biggest sport event got its name from a Wham-O toy called “Super Ball.” The story was recounted in Michael MacCambridge’s book, “America’s Game.”
Once the NFL-AFL merger was announced, discussions began about the inaugural championship game between the winners of the two leagues. A group of seven men were tasked with the specifics. During the course of the meetings, it became confusing when the men referred to “the championship game” because the others didn’t know whether he was referring to the league championship games or the finale, which still didn’t have a name. To end the mix-ups, Kansas City Chiefs founder Lamar Hunt jokingly referred to the final championship game as the “Super Bowl.” He had come up with the name while watching his children play with the toy pictured above.
“Super Bowl” is how the game was referred to for months, even though Hunt himself said it was “far too corny” to ever be used on the big stage. In the middle of 1966, he wrote commissioner Pete Rozelle and said the group needed to come up with an official name for the game. “If possible,” he wrote, “I believe we should ‘coin a phrase’ for the Championship Game. […] I have kiddingly called it the ‘Super Bowl,’ which obviously can be improved upon.”
Rozelle agreed. The league’s publicity director recalled that the commissioner despised the word “super,” because it didn’t have any sophistication. Rozelle was evidently a “stickler on words and grammar.” The game would be known as the “AFL-NFL World Championship Game.”
That bulky title didn’t last. People caught wind of Hunt’s name and soon everyone, from media members to players, were calling the title game “the Super Bowl.” The NFL was slow to adapt, though. It wasn’t until the third game that the words “Super Bowl” appeared on the official game program and the fourth game when the phrase appeared on tickets.
As mentioned above, Michael MacCambridge’s excellent “America’s Game: The Epic Story of How Pro Football Captured a Nation” was the main reference for this blog post.
citation supra.  
 
The Original Patent for the SuperBall aka “Highly Resilient Polybutadiene Ball” Patented by Wham-O Corp 1965.
 
March 22, 1966 N. H. STINGLEY 3,241,834
HIGHLY RESILIENT POLYBUTADIENE BALL
Filed Aug. 25, 1965
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United States Patent O
.1
3,241,834
HIGHLY RESELIENT POLYBUTADIENE BALL
Norman H. Stingley, Garden Grove, Calif., assignor to
Wham-0 Manufacturing Company, San Gabriel, Calif.,
at corporation of California
Filed Aug. 25, 1965, Ser. No. 432,584
3 Claims. (Cl. 273–58)
This is a continuation-in-part of application Serial No. 462,081 filed June 7, 1965, and now abandoned.
This invention relates to a toy and more particularly to a ball or sphere having extremely high resilience and a high coeflicient of friction.
The resiliency of rubber balls is one of their most important characteristics. This is because the resiliency of the ball material determines the “liveliness” and “bounce” of the ball and hence its utility in various sporting games and attractiveness as a toy for children. The resilient material normally used for making rubber balls is a polymer such as natural rubber or some synthetic analog of natural rubber such as polyisoprene.
The present invention is concerned with a material other than rubber and -polyisoprene as the base polymer in rubber toys and sporting articles. It has been found that this new material imparts some highly unusual qualities to articles fabricated with it. Such articles have been found to have a substantially greater resiliency than those manufactured from more conventional materials. This greater resiliency is thought to be due to the nature of the base polymer used in the mixture and the unique quality -of the mixture which comprises the article of being able to conserve the energy which is imparted to it rather than dissipating a substantial portion of it in the form of heat. The higher resilience means that balls made from the material of this invention have a resilience factor in excess of 90%. This resilience factor is the resilience of the material as measured by the Yerzley method, ASTM D945-59.
Another unusual quality of balls and toys of this invention is their coeflicient of friction. In this instance the coefficient friction is substantially higher than in other
similar items. This quality combined with the significant
ly higher resilience causes a ball to react in an extraordinary and unpredictable manner when bounced or struck. This higher coeflicient of friction also provides a means whereby the spin or “English” on a thrown, struck or dropped ball can be accentuated resulting in unusual reactions by -theball whenever it rebounds from a hard surface. This novel combination of qualities means that one natural application for ‘balls manufactured with the base polymer with which this invention is concerned is in trick ball uses. In addition, as a sports implement a ball of this invention presents -a greater challenge -to the user. As an article of play, the eccentricity of reaction makes the ball a highly entertaining and amusing toy.
The invention in the present case contemplates a molded, vulcanized, highly resilient ball comprising a mixture of polybutadiene, a sulfurous vulcanizing agent and a polybutadiene reinforcing agent.
In addition to the inherent resilience of the base polymer, the degree of cross linkage between -polymer chains is important in optimizing the bounce or liveliness of balls fabricated with it. The -degree of cross linkage is primarily determined by the amount of vulcanizing agent used. By limiting the amount of vulcanizing agent introduced into the mixture to the quantities specified below, a ball having a Yerzley resilience in excess of 90% is obtained. Such a resilience factor is substantially higher than that found in balls manufactured from natural rubber or polyisoprene.
In addition to resilience and cross linkage, the ability
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In the formulation above polybutadiene is the base polymer of the mixture. To produce cross linkage between polybutadiene chains, that is, to vulcanize or cure the polymer, sulfur is added to the mixture. A greater amount of vulcanizing agent is used in this mixture than in such products as tires thereby producing a greater degree of vulcanization. Put another way, the degree of cross linkage relative -to saturation (hard rubber) is increased over tires and the like. The more complete vulcanization is believed to result in the improved resilience of the finished product. The addition of sulfur in the range indicated will result in balls having a Yerzley Resilience in excess of 90%. Oil extended polybutadiene having as much as 50 parts by weight of oil per hundred parts by weight of polybutadiene can also be used as the base polymer.
Because the natural curing rate of a mixture of polybutadiene and sulfur is quite slow, certain other additives are combined with this basic mixture to initiate the curing cycle and accelerate the rate of vulcanization. The zinc oxide and stearic acid are added to the basic mixture to provide this activation function. Acceleration accomplishes two purposes, one, it shortens the length of the molding cycle, and two, it equalizes heat throughout the mixture during the curing cycle. In the preceding formulation, the accelerators are N-oxydiethylene benzothiazole 2 sulfenamide, di-orthotolylguanidine and bismuth dimethyldithiocarbonate. For ease of reference, the trade names AMAX, DOTG and Bismate respectively will be used to designate the accelerators.
The activation of these accelerators occurs as the mixture reaches a specific temperature. For Bismate and DOTG the activation temperature is approximately 230° F. while that of AMAX is -approximately 260° F. By insuring that t-he heat of reaction is equalized throughout the mixture a more uniform rate of vulcanization and improved consistency in the end product is obtained.
Hydrated silica is added to the mixture as a filler. A specific hydrated silica suitable for use in this mixture is marketed under the trademark Hi-Sil 233. This material and certain other materials perform the function of providing tear and abrasion resistance. The basic criteria for selection of the filler material is its ability to improve the durability of polybutadiene without unduly increasing the specific gravity. Carbon black and lithium oxide have also been found to fill these requirements and are satisfactory substitutes for the hydrated silica.

3,241,834
3
In addition to the ingredients just previously discussed, 4 methyl-6 tertiary-butyl phenol is also added to the mixture. This substance has been given the trade name of Antioxidant 2246 and prevents discoloration and staining and inhibits aging of the finished product. Examples of substitutes for Antioxidant 2246 are phenyl B naphthylamine, alkyl diphenylamine, and hindered alkyl phenols. Pigmenting agents for obtaining the desired color of the end product are optional additives.
The mixture and molding of the constituents of this formulation proceeds according to the following steps. The various elements of the formulation are brought together in a mixing machine and agitated thoroughly to insare uniform mixing and distribution of the elements throughout the mixture. The result is a plastic mass ready for insertion in a mold.
To complete the process, the mixture is placed in a nold and subjected to a pressure of between 500 and 3,000 p.s.i. for a period of approximately 10 to 30 minutes. Simultaneously, the temperature of the mixture is raised to approximately 285-340° F. To a certain extent the length of the molding operation, the pressure, and the temperature to which the formulation is subjected are co-variant and one may be adjusted to compensate for a variation in the other. Preferably the time and temperature for the molding operation is 15 to 20 minutes at approximately 320° F. and 1,000 p.s.i.
An alternate formulation to the one outlined above is as follows:
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The above formulation is mixed in the same manner as the preceding formulation. To insure a good dispersion of all ingredients in the mixture, the batch is normally given a two-pass mix. In the above formulation, the zinc oxide and the stearic acid perform the same functions, viz., activation of polymer curing, as they did in the first formulation. Akron 544 Red and Akron 626 Blue are trade designations for organic coloring agents manufactured by Akron Chemical Co. Titanium dioxide is also a coloring agent. These three constituents in combination are the pigmenting agent for the mixture.
Zeolex is a proprietary brand name for a series of precipitated, highly hydrated sodium silico-aluminates and sodium calcium silico-aluminates. Its function is to strengthen the finished product and to act as a filler in the same manner as the Hi-Sil 233 does in the preceding formulation.
Sulfur is the vulcanizing agent. Vandex is a proprietary name for finely ground selenium. Its function is to supplement sulfur as a vulcanizing agent.
As in the first formulation, several constituents of the mixture (AMAX and M. Tuads) are added to serve as accelerators for the polymerization.
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As is normal in molding tehniques, the curing temperature must be carefully selected in order to prevent imperfections in the finished product. Too high a molding temperature will contribute to a condition designated “backrind.” This condition is characterized by an indented fracture around the body of the molded product defining the point where the two halves of the mold are brought together and is due to thermal expansion in this area during and after the molding cycle.
Subject to the proper choice of injection pressure, injection time, and the combination of mixture constituents, preheat, and mold temperature, this mixture can also be molded by means of a conventional injection-molding technique.
Combinations of ingredients of which the two formulations listed above are representative have been found to result in a product with a specific gravity of approximately 1.0 to 1.3. For greatest resilience, it has been found that a sufficient amount of filler should be added to produce a product having a specific gravity of 1.02.
What is claimed is:
1. A highly resilient solid ball in the form of a sphere, the ball material having a specific gravity of from about 1 to about 1.3, and comprising in combination a vulcanized polymer characterized by the use of 100 parts by weight of polybutadiene and 0.5 to 15 parts by weight of a sulfur vulcanizing agent, and further comprising, in addition to any activators and accelerators used for vulcanization, 5 to 15 parts by weight of an inorganic reinforcing material.
2. A ball in accordance with claim 1 in which the reinforcing material is selected from the class consisting of hydrated silica, carbon black and lithium oxide.
3. A ball in accordance with claim 2 in which the sul
‘ fur vulcanizing agent is approximately 5.25 parts by
weight and the reinforcing material is approximately 7.5 parts by weight.
References Cited by the Examiner
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Location: Tampa, FL, USA

Last night we witnessed the triumph of existentialism, or should I say, Instantiation, in modern baseball, because the alleged two run home run hit by Alex Rodriguez NEVER ACTUALLY OCCURRED.

To understand this, first we must review the Home Run Rule in modern baseball, which was first defined in 1885, and was subsequently amended in 1892, 1914, 1920, 1926, 1931, 1950 and 1955.

The key concept of the home run rule is most plainly expressed in the 1892 rule which has not been changed very much since 1892:

A FAIR BATTED BALL THAT GOES OVER THE FENCE SHALL ENTITLE THE BATTER TO A HOME RUN…

The key concepts here are that

1) the ball has to be fair; and
2) the ball has to go “over the fence.”

The 1892 rule adds that “A distinctive line is to be marked on the fence showing the required point.” Meaning, if the ball goes over the fence above the line, it goes “over the fence.”

However, and this is the key point, the ball still has to go OVER the fence, not just ABOVE the line.

Last nite’s alleged home run by Alex Rodriquez, as a careful examination of the Rules of Baseball in this blog will demonstrate, was not a home run, but a Ground Rule Double.

It was a Ground Rule Double, because the ball never went OVER the Fence, as require plainly by the Rules of Baseball, but merely hit an object, which was in the field of play, above the line, but still in the field of play.

As to whether the ball would have, could have, or should have gone over the fence, but for the object, which was a TV camera, that is an interesting philosophical debate (which is the same as conceiving of unicorns, trolls, a planet without war and the tooth fairy), but the result is still the same: the home run remains an abstraction, something INSTANTIATED and given EXISTENCE only in the collective minds of the umpires.

You see the replay plainly on Fox TV. At no time did the ball go OVER the Fence. Moreover, the camera was jutting a good five to ten feet into the field. Even if the camera wasn’t there, the downward arc of the ball meant that the ball might have gone over the fence, or it might have continued its downward slope and hit the fence at a point BELOW the line of the fence.

Now, as a careful examination of the rules will show, similar disputes such as balls getting caught in the wiring of the ivy fences at Wrigley have always been rules as ground rule doubles. At no time have such balls ever been rules home runs, not in World Series and never on instant replay, because there has never been instant replay in the World Series or at any time in baseball.

I’m certainly pleased to see that baseball, not content with attempting to stop the Phillies from winning the World Series last year by calling a rain delay halt for the first time in World Series History when Cole Hamels was pitching a brilliant game in game five, this year, for the first time in World Series history called a fake home rum and foiled Cole Hamels again from winning.

Up to the point of the fake homer call, Hamels was pitching a no-hitter. It was obvious that Hamels was furious with the call. And rightly so. The call was utter and total BS, and proves that Bud Selig and Organized Baseball are determined to see that the Yankees win the World Series at all costs. The Umpiring crew rules so quickly that they must have been told by Selig how to rule. They didn’t have time to deliberate.

This is reminiscent of 1950, when the Yankees used their connections with the US Government to have Curt Simmons, a blazing lefthander with Sandy Koufax stuff, a twenty game winner, on the Phillies, get his draft notice in mid-September 1950, two weeks before the World Series was coming up with the Yanks. At the time, the Phils had Robin Roberts, now in the Hall of Fame, and Curt Simmons, a blazing lefthander, on their staff. The two pitchers had combined for more than fifty wins. The two pitchers could each have won two games in the series and blown out the Yanks, much like Curt Schilling and Randy Johnson won the 2001 Series for Arizona back a few years. But with Curt Simmons in the Army, the Phillies barely won the Pennant, and were eradicated by the Yanks in four games.

The Yankees always need to cheat to win.

Ok, so here are the Home Run Rules:

1885 – A fair batted ball that goes over the fence at a distance less than 210 feet from home base shall entitle the batsmen to two bases. A distinctive line shall be marked on the fence at this point.

My comment: At this point, a ball “over the fence” is not a homer at all, it’s a ground rule double. Weird.

1892 – A fair batted ball that goes over the fence shall entitle the batter to a home run; except that should it go over the fence at a distance less than 235 feeet from home base, the batter is entitled to only two bases. A distinctive line is to be marked on the fence showing the required point.

My comment: This is essentially the modern rule. The ball has to go “over” the “fence” to be a home run. And it has to go “over” the “distinctive line” of the “fence”. Not above, but over.

I think we all understand the difference between going near, above and around a line painted on a fence, and going over a fence. It’s the difference between a hurdler stumbling on the hurdle, and a hurdler clearing the hurdle entirely.

Rodriquez’ ball last nite, in Game 3 of the 2009 World Series, is not a home run under the Home Run Rule. It did not go “over the fence” or over the “distinctive line”, because in three dimensional space, it hit the camera before it crossed the plane of the line, and was knocked back into the field. Therefore, it never went over the line, never went over the wall, and never went over the fence.

Consequently, it was not a home run under the 1892 rule.

Are there any changes in the rules SINCE 1892 that could make it a home run? The answer is no, but let’s go through them all and see.

Note that this is not a “judgment call” by the umpires. The ball has to go “over the fence” and be a “fair ball” to be a home run. End of story. An umpire or group of umpires cannot make a ball that might have been or should have been a home run except that it hit something, into a home run by philosophical instantiation, or abstractive analysis.

In short, there are no unicorns, trolls or other imaginary beings just because we think there are; and there are no imaginary home runs. C.f. Occam’s razor—we don’t create a multiplicity of abstract universal beings just because we name them, think of them or create them in our minds. If we create now a class of abstract home runs, home runs that might have been, should have been and so forth, we now introduce into baseball a series of abstract balls, strikes, stolen bases, catches, hits and so forth and soon there will be entire parallel universes of baseball realities creeping into games, abstract realities which have nothing to do with what’s going on down at the field level, or, more pertinently, in the empirical world or in the rulebook. Everything will come down to what the umpires say and we’ll have a courtroom, not a ballgame.

1914 – Should an errant thrown ball remain in the meshes of a wire screen protecting the spectators, the runner or runners shall be entitled to two bases. The umpire in awarding such bases shall be governed by the position of the runner or runners at the time the throw is made.

My comment – this is the first indication that hitting a camera should be a ground rule double. Here the rule says if an errant thrown ball gets caught in wire screen mesh, the runner gets two bases and two bases only. It doesn’t matter if the ball is over the fence in fair ground, it’s still only two bases.

1920 – Home Run/Game-Ending – If a batsman, in the last half of the final inning of any game, hits a home run over the fence or into a stand, all runners on the bases at the time, as well as the batsman, shall be entitled to score, and in such event all bases must be touched in order, and the final score of the game shall be the total number of runs made.

My comment – this is the famous “walk off homer” rule change. Prior to 1920, if someone hit a walk off homer with one, two or three men on that won the game, the only runs that counted were the ones that won the game, e.g. if the score were 9-8 the road team, and you hit a grand slam, you got two runs, the score ended 10-9 home team, and you were credited with either a single or a double, usually a single. Not a grand slam. But under the walk-off rule, the score ended 12-9, the batter got credit for a homer, a grand slam and 4 RBI.

Note again that the rule says “over the fence” and “into the stand”. Rodriquez’ alleged homer last night meets neither of these key tests.

1926 – A fair batted ball that goes over the fence or into a stand shall entitle the batsman to a home run, unless it should pass out of the ground or into a stand at a distance less than 250 feet from the home base, in which case the batsman shall be entitled to two bases only. In either event the batsman must touch the bases in regular order. The point at which a fence or stand is less than 250 feet from the home base shall be plainly indicated by a white or black sign or mark for the umpire’s guidance.

My comment – again, the rule says “over the fence” or “into a stand” in order for a ball to be a home run. This changes the 1892 rule by making the minimum fence distance 250 feet for a home run instead of 235 feet in order not to have “cheap” home runs, although even 250 feet would be a pretty short distance. Of course, Yankee Stadium had a 297 foot right field porch for years for their left handed sluggers, another example of the Yankees “cheating”, and then they would have an all-lefthanded staff to keep the other team from stacking up lefties against them, c.f. Lefty Gomez, Whitey Ford, Andy Pettite, Ron Guidry and so forth. This unfair advantage has been wiped out with the new Yankee Stadium, although allegedly there remains a slightly easier job of hitting to right field.

1931 – Batter/Awarded Bases – A fair hit ball that bounds into a stand or over a fence shall be a two-base hit. Note: There is no reference to distance in this rule and any fair hit ball bounding over the fence or into the stand is a two-base hit.

My comment: This is the modern ground-rule double rule. It hasn’t changed at all. Most importantly, READ what it says. “A FAIR HIT BALL THAT BOUNDS INTO A STAND OR OVER A FENCE SHALL BE A TWO-BASE HIT.” That means that if the ball bounces off a camera and then over the fence, it’s a two base hit. If the ball bounces off a fan and over the fence, it’s a two base hit. If it bounces off the top of the Astrodome, and back into the field of play, as happened to Mike Schmidt in 1974, it’s a two base hit; but if it went off the top of the Astrodome and then over the fence, it would be a ground rule double according to the rule.

According to the plain language of the ground rule double rule of 1931, the ball A Rod hit last nite in game 3 of the World Series was a double. Not subject to review, not subject to judgment call. A ground rule double. It went off a camera and bounded over the fence and then back into the field. It was in play. It’s a ground rule double in that case.

In 1950 the rulebook was entirely recodified and rewritten, refined and clarified:

1950: Batter/Awarded Bases: Each runner including the batter-runner may, without liability of being put out, advance to home base, scoring a run, if a fair ball goes over the field fence in flight and he touch [sic] all bases legally; of if a fair ball which, in the umpire’s judgment, would have cleared the field fence in flight, is deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel, the runner shall be awarded a home run.

My comment – to be a home run, the ball must go over the fence “in flight”. The only case where an umpire may exercise judgment and rule on whether a ball “would have cleared the field fence in flight” is solely and exclusively the case of when the ball is “deflected by the act of a defensive player in throwing his glove, cap or any article of his apparel”. This is the one and only situation where an umpire may exercise abstract judgment and award a hypothetical or abstract home run under the rules of baseball; where a fielder attempts to block the ball by throwing his glove, cap or article of his clothing at the ball.

This was not the case with A Rod’s home run last night. Jayson Werth did not throw his cap, his glove or any article of his clothing at the ball last night. Consequently, the ball would have had to clear the fence “in flight” to be a home run. Since the ball never cleared the fence “in flight”, it was not a home run under the 1950 rule, as amended.

More 1950 changes:

The batter becomes a baserunner when a fair ball, after touching the ground, bounds into the stands or passes through or under a fence or through or under shrubbery or vines on the field, in which case the batter and the baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair ball which, either before or striking the ground, passes through or under a fence or through or under a scoreboard or through or any opening in the fence or scoreboard or through or under shrubbery or vines on the fence, in which case the batter and the baserunners shall be entitled to two bases.
The batter becomes a baserunner when any bounding fair ball is deflected by the fielder into the stands or over or under a fence on fair or foul ground, in which case the batter and all baserunners shall be entitled to advance two bases.

The batter becomes a baserunner when any fair fly ball is defelected by the fielder into the stands or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run.

My comment – the first three rules make clear that deflections by the fielder and interference with the ball by objects on the field, such as vines, fences and shrubbery, are always ground rule doubles. The only case where a ball is NOT a ground rule double is when there is a deflection by the fielder, and for this to be a home run, there are four requirements;
1) a fair fly ball in fair territory;
2) deflected by a fielder;
3) into the stands; or
4) over the fence.

Note that even if argued analogically to last nites hit by A Rod, the 1950 rule does him no good. First, the camera deflected the ball back into the field. Second, the deflection was by a camera, not by a fielder. Third, the deflection was not “into the stands.” Fourth, the deflection was not “over the fence.”

Consequently, it’s really, really, really crystal clear that what we have is a ground rule double, under the remaining provisions of the 1950 and 1932 ground rule double rules. A Rod and the Yankees were only entitled to a ground rule double last nite in game 3 of the World Series.

1955 Rule Change

The 1955 rule change is very, very minor, it just provides that if a hitter hits a homer and has an accident while running the bases and time is called, he can have a runner come in and pinch run for him and run out the homer run and score it. It has no effect whatsoever on the discussion at hand.

Ok, through 1995, that’s all the rule changes I have from the source J. Thorn, P. Palmer, M. Gershman, D. Pietruskza, Total Baseball V: The Official Encyclopaedia of Major League Baseball (Viking NY 1997), c.f. D. Bingham & T. Heitz, “Rules and Scoring,” at pp. 2376-2432.

Now let’s hit the Net.

The rules as they exist through 1955 continue to exist and are codified in Official Rules of Baseball at Rule 6.09, exactly as they were enacted in 1950, see for yourself:

6.09 The batter becomes a runner when—
(a) He hits a fair ball;
(b) The third strike called by the umpire is not caught, providing (1) first base is unoccupied, or (2) first base is occupied with two out;
Rule 6.09(b) Comment: A batter who does not realize his situation on a third strike not caught, and who is not in the process of running to first base, shall be declared out once he leaves the dirt circle surrounding home plate.
(c) A fair ball, after having passed a fielder other than the pitcher, or after having been touched by a fielder, including the pitcher, shall touch an umpire or runner on fair territory;
(d) A fair ball passes over a fence or into the stands at a distance from home base of 250 feet or more. Such hit entitles the batter to a home run when he shall have touched all bases legally. A fair fly ball that passes out of the playing field at a point less than 250 feet from home base shall entitle the batter to advance to second base only;
(e) A fair ball, after touching the ground, bounds into the stands, or passes through, over or under a fence, or through or under a scoreboard, or through or under shrubbery, or vines on the fence, in which case the batter and the runners shall be entitled to advance two bases;
(f) Any fair ball which, either before or after touching the ground, passes through or under a fence, or through or under a scoreboard, or through any opening in the fence or scoreboard, or through or under shrubbery, or vines on the fence, or which sticks in a fence or scoreboard, in which case the batter and the runners shall be entitled to two bases;
(g) Any bounding fair ball is deflected by the fielder into the stands, or over or under a fence on fair or foul territory, in which case the batter and all runners shall be entitled to advance two bases;
(h) Any fair fly ball is deflected by the fielder into the stands, or over the fence into foul territory, in which case the batter shall be entitled to advance to second base; but if deflected into the stands or over the fence in fair territory, the batter shall be entitled to a home run. However, should such a fair fly be deflected at a point less than 250 feet from home plate, the batter shall be entitled to two bases only.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/06_the_batter.pdf

the deflection by the fielder rule is also exactly the same as adopted in 1950 and has not been changed, and is codified in Rule 7.05(a);

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

See? It’s exactly the same. The only way an upire can judge if the fair ball would have left the stadium and gone out of the playing field in flight, is if it was deflected by the act of a fielder under Rule 7.05(a).

The umpire can’t make a judgment call under any other of the rules of baseball.

All the rules of baseball, incidentally, are on line and available for you all to read for yourselves at;

http://mlb.mlb.com/mlb/official_info/official_rules/foreword.jsp

see also these websites:

http://www.baseball-almanac.com/rulemenu.shtml

http://www.rulesofbaseball.com/

http://en.wikipedia.org/wiki/Baseball_rules

There IS however, a rule which pertains to interference by media, and that is rule 3.15, which I hereby quote now:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

NOTE WHAT RULE 3.15 SAYS ABOUT INTERFERENCE WITH A BALL BY NEWSPHOTOGRAPHERS WHO ARE AUTHORIZED TO BE ON THE FIELD OF PLAY: In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play.

Since A-Rod’s ball was UNINTENTIONALLY INTERFERED WITH BY A PRESS CAMERA, RULE 3.15 COMES INTO PLAY EXPRESSLY AND THE BALL IS IN PLAY. It’s not a case of fan interference where the umpires are allowed to make a judgment call to nullify the fan interference and create a home run abstractly.

To the contrary, the rule is clear and express- “the ball is in play” says the rule. Since the ball did not go over the fence or into the stands or over the fence in flight, but back to the field, and since Werth relayed it back, the Yankees runners were stuck at 2d and 3d.

There was no interference, and if there were a ground rule here, it was at best a ground rule double. See discussion above, supra.

NOTE THAT THIS IS AN ENTIRELY DIFFERENT SITUATION THAN IF A FAN HAD INTERFERED WITH THE BALL.

The Umps and all of major league baseball got the rules wrong last night.

The ball was alive and in play last night and/or was a ground rule double, under the ground rule double rules and also under official Rule 3.15.

The Umps had no interference discretion under rules 3.15 or 3.16 because NO FAN touched the ball—instead, an authorized member of the press touched the ball.

The camera was an authorized photographer.

Consequently, the ball was in play.

Note the difference if a spectator had touched the ball:

3.16 When there is spectator interference with any thrown or batted ball, the ball shall be dead at the moment of interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.
APPROVED RULING: If spectator interference clearly prevents a fielder from catching a fly ball, the umpire shall declare the batter out.

Rule 3.16 Comment: There is a difference between a ball which has been thrown or batted into the stands, touching a spectator thereby being out of play even though it rebounds onto the field and a spectator going onto the field or reaching over, under or through a barrier and touching a ball in play or touching or otherwise interfering with a player. In the latter case it is clearly intentional and shall be dealt with as intentional interference as in Rule 3.15. Batter and runners shall be placed where in the umpire’s judgment they would have been had the interference not occurred.
No interference shall be allowed when a fielder reaches over a fence, railing, rope or into a stand to catch a ball. He does so at his own risk. However, should a spectator reach out on the playing field side of such fence, railing or rope, and plainly prevent the fielder from catching the ball, then the batsman should be called out for the spectator’s interference.
Example: Runner on third base, one out and a batter hits a fly ball deep to the outfield (fair or foul). Spectator clearly interferes with the outfielder attempting to catch the fly ball. Umpire calls the batter out for spectator interference. Ball is dead at the time of the call. Umpire decides that because of the distance the ball was hit, the runner on third base would have scored after the catch if the fielder had caught the ball which was interfered with, therefore, the runner is permitted to score. This might not be the case if such fly ball was interfered with a short distance from home plate.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

The ground rules for ground rule doubles are exactly the same as the 1950 and 1932 rules discussed above, and are codified at the official rules of baseball 7.05;

7.05 Each runner including the batter-runner may, without liability to be put out, advance—
(a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is deflected by the act of a fielder in throwing his glove, cap, or any article of his apparel;
(b) Three bases, if a fielder deliberately touches a fair ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play and the batter may advance to home base at his peril;
(c) Three bases, if a fielder deliberately throws his glove at and touches a fair ball. The ball is in play and the batter may advance to home base at his peril.
(d) Two bases, if a fielder deliberately touches a thrown ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play;
(e) Two bases, if a fielder deliberately throws his glove at and touches a thrown ball. The ball is in play;
Rule 7.05(b) through 7.05(e) Comment: In applying (b-c-d-e) the umpire must rule that the thrown glove or detached cap or mask has touched the ball. There is no penalty if the ball is not touched.
Under (c-e) this penalty shall not be invoked against a fielder whose glove is carried off his hand by the force of a batted or thrown ball, or when his glove flies off his hand as he makes an obvious effort to make a legitimate catch.

(f) Two bases, if a fair ball bounces or is deflected into the stands outside the first or third base foul lines; or if it goes through or under a field fence, or through or under a scoreboard, or through or under shrubbery or vines on the fence; or if it sticks in such fence, scoreboard, shrubbery or vines;
(g) Two bases when, with no spectators on the playing field, a thrown ball goes into the stands, or into a bench (whether or not the ball rebounds into the field), or over or under or through a field fence, or on a slanting part of the screen above the backstop, or remains in the meshes of a wire screen protecting spectators. The ball is dead. When such wild throw is the first play by an infielder, the umpire, in awarding such bases, shall be governed by the position of the runners at the time the ball was pitched; in all other cases the umpire shall be governed by the position of the runners at the time the wild throw was made;
APPROVED RULING: If all runners, including the batter-runner, have advanced at least one base when an infielder makes a wild throw on the first play after the pitch, the award shall be governed by the position of the runners when the wild throw was made.
Rule 7.05(g) Comment: In certain circumstances it is impossible to award a runner two bases. Example: Runner on first. Batter hits fly to short right. Runner holds up between first and second and batter comes around first and pulls up behind him. Ball falls safely. Outfielder, in throwing to first, throws ball into stand.
APPROVED RULING: Since no runner, when the ball is dead, may advance beyond the base to which he is entitled, the runner originally on first base goes to third base and the batter is held at second base.
The term “when the wild throw was made” means when the throw actually left the player’s hand and not when the thrown ball hit the ground, passes a receiving fielder or goes out of play into the stands.
The position of the batter-runner at the time the wild throw left the thrower’s hand is the key in deciding the award of bases. If the batter-runner has not reached first base, the award is two bases at the time the pitch was made for all runners. The decision as to whether the batter-runner has reached first base before the throw is a judgment call.
If an unusual play arises where a first throw by an infielder goes into stands or dugout but the batter did not become a runner (such as catcher throwing ball into stands in attempt to get runner from third trying to score on passed ball or wild pitch) award of two bases shall be from the position of the runners at the time of the throw. (For the purpose of Rule 7.05 (g) a catcher is considered an infielder.)
PLAY. Runner on first base, batter hits a ball to the shortstop, who throws to second base too late to get runner at second, and second baseman throws toward first base after batter has crossed first base. Ruling—Runner at second scores. (On this play, only if batter-runner is past first base when throw is made is he awarded third base.)
(h) One base, if a ball, pitched to the batter, or thrown by the pitcher from his position on the pitcher’s plate to a base to catch a runner, goes into a stand or a bench, or over or through a field fence or backstop. The ball is dead;

APPROVED RULING: When a wild pitch or passed ball goes through or by the catcher, or deflects off the catcher, and goes directly into the dugout, stands, above the break, or any area where the ball is dead, the awarding of bases shall be one base. One base shall also be awarded if the pitcher while in contact with the rubber, throws to a base, and the throw goes directly into the stands or into any area where the ball is dead.
If, however, the pitched or thrown ball goes through or by the catcher or through the fielder, and remains on the playing field, and is subsequently kicked or deflected into the dugout, stands or other area where the ball is dead, the awarding of bases shall be two bases from position of runners at the time of the pitch or throw.
(i) One base, if the batter becomes a runner on Ball Four or Strike Three, when the pitch passes the catcher and lodges in the umpire’s mask or paraphernalia.
If the batter becomes a runner on a wild pitch which entitles the runners to advance one base, the batter-runner shall be entitled to first base only.

Rule 7.05(i) Comment: The fact a runner is awarded a base or bases without liability to be put out does not relieve him of the responsibility to touch the base he is awarded and all intervening bases. For example: batter hits a ground ball which an infielder throws into the stands but the batter-runner missed first base. He may be called out on appeal for missing first base after the ball is put in play even though he was “awarded” second base.
If a runner is forced to return to a base after a catch, he must retouch his original base even though, because of some ground rule or other rule, he is awarded additional bases. He may retouch while the ball is dead and the award is then made from his original base.
(j) One base, if a fielder deliberately touches a pitched ball with his cap, mask or any part of his uniform detached from its proper place on his person. The ball is in play, and the award is made from the position of the runner at the time the ball was touched

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/07_the_runner.pdf

as you can plainly see, nothing has changed in the ground rules at all.

Consequently, A-Rod’s hit was either a ground rule double under rule 7.05, or it was a ball in play since it hit a media camera which was authorized to be in the field of play under rule 3.15. What it was not was a home run under either rule 6.09(d) or rule 7.05(a) or any other rule of baseball.

I’ve looked exhaustively and so have my sabrmetric friends, and there isn’t a rule in the book supporting what happened last night.

What happened also violates the laws of logic and violates the laws of physics. It violates the laws of logic, because the home run was created by an act of particular instantiation—abstract thought created a thing from a concept—what we in philosophy call a “unicorn”—which would make my old professor of logic at Harvard turn over twice—and violates Occam’s razor—that you don’t create needless entities through nominalism.

Instead, empiricism and realism dictate that a home run is a home run when we SEE and WITNESS that the ball goes over the fence—not that we imagine or suppose that it MIGHT have gone over the fence.

The problem with the umpires’ supposition last night is that it is what we call in philosophy a “modal” proposition, an “if….then” statement, that is conditional.

“If the camera were not there, then the ball would have flown over the fence.”

This can readily be recognized as a categorical statement of conditional form—namely, if there were no camera “x”, the trajectory of flight of the ball would have been different in form “y”.

The problem, as anyone knows, is that without an actual observation of same, there are a plethora of possible universes of possible “y’s”.

All we know is that the ball may or might have gone over the wall—or it may or might have bounced below the line and back onto the field. All we have is a possibility that it might have gone over the wall.

All conditionals are like this.

Moreover, accepting conditionals as true introduces a host of problems.

The medieval philosophers didn’t like conditionals, and neither should we.

It’s true that rule 9.03c states that

Each umpire has authority to rule on any point not specifically covered in these rules.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/09_the_umpire.pdf

however, in this case, the A-Rod double IS covered specifically by the baseball rules. There is no room for discretion or authority to rule.

Here’s what actually occurred before game 3 of the World Series according to the umpiring crew:

Indeed, umpire crew chief Gerry Davis said that his crew explored every inch of Citizens Bank Park prior to Game 3, spending time reviewing areas unique to the park. The right-field camera was one of the aspects they discussed.
“We tour the field during the series whenever we go to a new ballpark, and discuss specific ground rules and potential trouble areas just like that,” Davis said. “Because we cannot control what the cameraman does with the camera, one of the specific ground rules is when the ball hits the camera, [it’s a] home run.”
http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

So, the umpiring crew themselves MADE UP THEIR OWN GROUND RULE that the camera, if it was hit, would be a home run.

That would be fine, except that it’s in direct violation of Baseball Rule 3.15, as cited above, supra, that a media photographic camera, if a ball strikes it, the ball is in play and NOT a home run.

The Umpires don’t have discretion to make a ground rule about that.

The statement made by Umpire Davis is totally and completely WRONG. The rules cover the situation of when a ball strikes a camera held by a camera man.

Let’s see the rule again:

3.15 No person shall be allowed on the playing field during a game except players and coaches in uniform, managers, news photographers authorized by the home team, umpires, officers of the law in uniform and watchmen or other employees of the home club. In case of unintentional interference with play by any person herein authorized to be on the playing field (except members of the offensive team participating in the game, or a coach in the coach’s box, or an umpire) the ball is alive and in play. If the interference is intentional, the ball shall be dead at the moment of the interference and the umpire shall impose such penalties as in his opinion will nullify the act of interference.

http://mlb.mlb.com/mlb/downloads/y2008/official_rules/03_game_preliminaries.pdf

Ok, then, cameramen, news photographers who unintentionally interfere with the ball, and the interference is unintentionall, the “ball is alive and in play.”

It’s not up to Davis and his crew to make up a ground rule there. It’s up to Davis and his crew to follow Rule 3.15. Rule 3.15 trumps Article 9 and the umpire discretion rules.

Now let’s discuss the instant replay rule.

Here’s the story on the instant replay rule adopted in September of 2008:

5. Instant replay
Main article: Instant replay
In November 2007, the general managers of Major League Baseball voted in favor of implementing instant replay reviews on boundary home run calls. [19] The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
On August 28, 2008, instant replay review became available in MLB for reviewing calls in accordance with the above proposal. It was first utilized on September 3, 2008 in a game between the New York Yankees and the Tampa Bay Rays at Tropicana Field. [20] Alex Rodriguez of the Yankees hit what appeared to be a home run, but the ball hit a catwalk behind the foul pole. It was at first called a home run, until Tampa Bay manager Joe Maddon argued the call, and the umpires decided to review the play. After 2 minutes and 15 seconds, the umpires came back and ruled it a home run.
About two weeks later, on September 19, also at Tropicana Field, a boundary call was overturned for the first time. In this case, Carlos Peña of the Rays was given a ground rule double in a game against the Minnesota Twins after an umpire believed a fan reached into the field of play to catch a fly ball in right field. The umpires reviewed the play, determined the fan did not reach over the fence, and reversed the call, awarding Peña a home run.
Aside from the two aforementioned reviews at Tampa Bay, replay was used four more times in the 2008 MLB regular season: twice at Houston, once at Seattle, and once at San Francisco. The San Francisco incident is perhaps the most unusual. Bengie Molina, the Giants’ Catcher, hit what was first called a double. Molina then was replaced in the game by a pinch-runner before the umpires re-evaluated the call and ruled it a home run. In this instance though, Molina was not allowed to return to the game to complete the run, as he had already been replaced. Molina was credited with the home run, and two RBIs, but not for the run scored which went to the pinch-runner instead.
On October 31, 2009, in the fourth inning of Game 3 of the World Series, Alex Rodriguez hit a long fly ball that appeared to hit a camera protruding over the wall and into the field of play in deep left field. The ball ricocheted off the camera and re-entered the field, initially ruled a double. However, after the umpires consulted with each other after watching the instant replay, the hit was ruled a home run, marking the first time an instant replay home run was hit in a playoff game. [21]
Source:

http://wapedia.mobi/en/Home_run?t=3.

Citing to

• ESPN – GMs vote 25-5 to use replay to aid home run decisions – MLB
http://mlb.mlb.com/news/gameday_recap.jsp?ymd=20080903&content_id=3412731&vkey=recap&fext=.jsp&c_id=nyy
http://mlb.mlb.com/news/article.jsp?ymd=20091031&content_id=7586236&vkey=news_mlb

Now, let’s parse all this.

What instant replay boils down to is this.

A lawyer sits in Bud Selig’s offices in NYC and HE reviews the play and decides how it should be called.

The head of the umpiring crew calls NYC and asks the lawyer how the play should be ruled.

Then they decide.

Uh, what’s wrong with this picture if the NEW YORK YANKEES are one of the teams in the playoffs?

Let’s see, a NEW YORK LAWYER making the call? Against a PHILLY team?

Oh right, that would be really fair, impartial and just.

Incidentally, let’s review the rule again:

The proposal limited the use of instant replay to determining whether a boundary home run call is:
• A fair (home run) or foul ball
• A live ball (ball hit fence and rebounded onto the field), ground rule double (ball hit fence before leaving the field), or home run (ball hit some object beyond the fence while in flight)
• Spectator interference or home run (spectator touched ball after it broke the plane of the fence).
Id, supra.

Note that the ball has to hit an object BEYOND the fence while in flight.

Not in front of the fence, but BEYOND the fence.

This is completely consistent with Rules 6.09 and 7.05(a) which define a home run as one hit “over the fence in flight”.

The camera, in this case, was jutting out over the fence by a good five to ten feet.

So it was not beyond the fence, but on the field of play.

Second, because it was on the field of play, it was therefore a photographic interference under Rule 3.15, and should have been considered an unintentional interference, and a live ball in play under Rule 3.15.

Third, if not a live ball in play, then the ground rule double rule of 7.05 (b) et seq. comes into play.

What’s wrong with this picture?

THERE WAS NEVER ANY JURISDICTION FOR HOME RUN REVIEW UNDER THE HOME RUN INSTANT REPLAY RULE BECAUSE THE BALL HIT BY A ROD NEVER WENT OVER THE FENCE IN FLIGHT OR BEYOND THE FENCE.

Let’s review the criteria for instant replay;

1) is it fair or foul? Well, it was a fair ball. No need for instant replay.
2) Is it a live ball that hit the fence and bounced back to the field? No. No need for instant replay.

Was it a live ball that hit some object beyond the fence while in flight?

No. It never went beyond the fence. So no instant replay was required.

Well, it hit the camera==part of which was behind the fence, but the part of the camera the ball hit was NOT beyond the fence.

This is not a semantic issue, but a real rules issue, because if you start saying that balls that don’t go over the fence in flight are home runs, just because the umpires make up ground rules before the game to make them eligible for instant review, doesn’t make it so.

I think the key here is to parse the fact that the umpiring crew made a mistake before the game establishing false ground rules, by making a camera that jutted INTO the field, a candidate for HOME RUN instant replay.

That wasn’t their call to make.

Under the instant replay rule, the camera has to be entirely beyond the fence for them to make that decision, end of story.

Remember, the rule is to decide the boundary issue of when a ball has hit an object BEYOND the fence–not an object within the ballfield.

The Umps exceeded their rulemaking authority. Also, see #3, below, because there’s actually a different rule that applies to cameras that are in the field of play and not beyond the field of play, in which case the ball is either a ground rule double or in play. In either case the result is the same; arod at 2d, texeira at 3d.

3) There was not spectator interference, but rather, photographer interference under rule 3.15, which made it a live ball under the rules, and on the field of play.

Consequently, there was no jurisdiction for an instant reply. Rather, the umpires AGGREGATED and SEIZED inappropriately the jurisdiction for home run instant replay because they forgot their own rule book and the rules of baseball.

They got the call all wrong.

It’s an insult to our collective intelligence and our common sense to say that a ball that fell short of the wall, and never went over the wall, is a “fair ball” that “went over the fence in flight” or that after instant replay, was shown to have struct an object “beyond the fence” in flight. None of these things occured on arod’s hit.

And messed up a 25 year old kids’ no hitter in the processs.

Did they purposefully do it?

Did the NY Offices of baseball reverse the call to obstruct the Phillies from repeating?

I don’t know—go ask the Atlanta Braves. No one in Bud Selig’s office was happy when they went up 2-0 on the Yankees in 1996 either.

The Commissioner’s office basically wants LA or NY to win the series because that’s good for TV ratings.

They like to ignore Philly and Atlanta even though we’re much more rabid about baseball than New Yorkers, most of whom are too poor to afford to go to a game, whereas in Philly or Atlanta, it’s mostly the middle class who attend.

And if we have to cheat and violate the rules to make the Yankees winners, what the hay?

Just remember Curt Simmons’ draft notice, and Bud Selig’s ridiculous rain delay call in last year’s Game Five in Philly.

Definitely be sure there’s bias against the Phillies in NYC.

And of course, let’s not forget they used a single New York Lawyer as the judging panel for instant replay of a World Series play involving….

The New York Yankees.

Like that’s really fair.

This is the Second World Series in a row where Bud Selig has personally messed around with our ace, Cole Hamels, in a World Series game.

First was Game Five in World Series 2008, in which Cole Hamels was shutting the door down on Tampa Bay. Selig allowed the game to proceed in the rain, then let Tampa Bay score a cheap run in rain soaked conditions against Hamels, a cheap run in conditions not fit to play in, and then Selig announced the game would be suspended—a first in Series history—which infuriated not only the Phillies, but Hamels, who had pitched well enough to win. Last year the story line was supposed to be tampa bay to win, cindarella, last place to world champions. New york didn’t want philly winning.

Conspiracy theorists, you are right if you think Selig hates Hamels.

And now this year, Selig sends Davis and an experienced umpiring crew out, and they set up illegal ground rules, and use the first chance they get, to award a two run instant replay home run—an existential, instantiated home run—an abstraction if you will, because nothing ever left the park or ever went over the fence in flight—for the sole purpose of screwing up Cole Hamels’ game in game 3, the pivotal game of the 2009 world series.

I need not point out how furious Hamels must have been with all this BS; for the second year in a row, he’s been messed with, not by the opposing lineup, but by lawyers and umpires and the commissioners’ office. They just won’t let him do his job.

I understand why he might have hung a few curves the next inning to Swisher and Damon.

What I don’t understand is why the Phillies don’t aggressively move

1) for Bud Selig’s immediate ouster as Commissioner of Baseball; and
2) an immediate amendment of the baseball instant replay rule requiring that the review of plays always be done in a neutral city by an impartial panel of three arbitrators, not lawyers, with one chosen by each team and the third chosen by the other two.
3) And the umpiring crew and ground rules be reviewed two weeks in advance of the World Series by the front office of each team, and by the teams attorneys, to be sure there are no conflicts with the Rules of Baseball.

Even my 80 year old mother in law, who just had eye surgery, who watched the game last night, and used to be a Brooklyn Dodger fan from Brooklyn, saw the play last night and she knew that the A-Rod hit wasn’t a home run.

“it didn’t go out of the park” she said. “how could it be a home run?”

Exactly. To be a home run, under rule 7.05(a), and in the common sense of every fan, a home run must go over the fence in flight.

And to be a home run for instant replay purposes, it has to go over the fence in flight and THEN hit some object.

Not hit some object which inteferes with the ball from going over the fence in flight. That’s a ground rule double or a ball live in play, as we have seen from our discussion, at length, of the rules.

The difference last night was two runs.

But the difference, from our perspective, is the lawlessness of the Bud Selig regime.

A regime which bars Pete Rose from the Hall of Fame, but tolerates steroid use by the likes of A-Rod and David Ortiz, and turns a blind eye to the income inequalities between teams like the Yankees and the Twins that keep baseball from truly being competitive.

A regime which makes arbitrary and capricious decisions each and every year about rain delays, rain suspensions, instant replay home runs in the World Series, and which plays games of law and fate which affect a man’s life and career in the case of Cole Hamels, who is a truly great pitcher along the lines of a Steve Carlton.

In fact, if you study Hamels stats, you will see that his 2009 is to his 2008, as Carlton’s 1973 was to Carlton’s Cy Young 1972.

I expect Cole Hamels to have a very bright future.

And he will not take much more of this abuse from Bud Selig and his cronies.

And neither should we philly fans.

And New York Yankee fans, you are cheating to win.

And to think I actually shed tears for you guys on 9/11.

And by the way, your NY Giants got rolled by the Eagles. At least the NFL runs a fair league. Thank you Pete Rozelle Paul Tagliabue and your successors.

Guess those memories of Joe Namath are starting to fade, eh?

–art kyriazis, philly
home of the world champion phillies, 2008 world champions
2008, 2009 National League pennant champs

This is a letter to the editor I wrote back in 1997 debunking an article someone had written praising attorney general Jeremiah Sullivan Black, who notoriously served under President James Buchanan.

The author had said the Black was a nice fellow from Pennsylvania who had brought credit to his state.

I pointed out that Black was notorious in the history books for conspiring with Buchanan and Chief Justice Roger Taney to bring about the awful ruling in Dred Scott, which helped bring about the Civil War and the secession of the Southern States.

It’s important to note that as late as 1857, prior to Dred Scott, the Civil War might still have been avoided.

But Buchanan, Black and Taney, with the awful Dred Scott decision, pretty much made sure that the US was plunged into what one Republican of the day called “the irrepressible conflict.”

So here’s what I wrote back in 1997 on the subject. It’s of interest today, of course, since we now have our first African-American President, to consider Dred Scott in retrospect, since everyone agrees it was the single worst decision of the United States Supreme Court.

April 6, 1997

To the Editor:

Regretfully I must take issue with my colleague ____________________ article praising James Buchanan’s Attorney General/Secretary of State and former Pennsylvania Chief Justice Jeremiah Sullivan Black for his role in “saving” the United States during the secession crisis of November 1860-March 1861.

To preface, why must we care about this critical aspect of United States history? The answer is simple. Racism is, was and continues to be the predominant issue of our society. To paraphrase W.E.B. DuBois, the color line has been the dividing line of the 20th century.

One of the most shocking aspects of this society is the extent to which racism still permeates and soaks our society in its noxious fumes. Without an understanding of the historical context of the civil war, the end of slavery and of the events immediately preceding the civil war, we fall victim to fooling ourselves into thinking that lawyerly compromisers like Jeremiah Sullivan Black, who were prepared to accept slavery, accept Dred Scott, and accept the extension of slavery all the way to California south of Missouri as called for in the Crittenden compromise, were the moral or ethical equivalent of real heroes like Garrison, Sumner, Seward and Lincoln. The fact is that all the historical revisionism in the world cannot make a Sumner or a Lincoln of a man as limited and narrow in his views as was Jeremiah Sullivan Black.

It was Dante who said that the lowest places in hell are reserved for those who fail to take an ethical stand in times of crisis.

The truth is that the real heroes of those times were Garrison, Sumner, Seward and the so-called “radicals” who understood that law books and laws meant nothing when dealing with the moral wrongness of slavery and men in chains, sold as chattels. And yet, those individuals were vilified in their day, seen as extremists, radicals, far-left wingers–simply because they advocated the political and legal freedom and equality of African-Americans with all other Americans guaranteed to them in the Declaration of Independence, a position most eloquently argued by Lincoln in his debates with Douglas in 1858 and one which is clearly accepted today by the vast majority of law-abiding and freedom-loving Americans.

But what were those men but heroes taking an ethical and moral stand in a time of crisis? Isn’t this why we celebrate Lincoln, while James Buchanan is all but forgotten?

Unfortunately, there must be a historical litmus test applied to persons alive and practicing law and holding high office in the years when slavery was the law of this land. Simply because Black corresponded to the so-called safe middle and the racist, legalistic tenor of his times, exemplified in Dred Scott and in the subsequent 1858-59 prosecution of John Brown, Attorneys General like Jeremiah Sullivan Black can never be praiseworthy or praised historically, legally or ethically in retrospect. His actions were by and large wrong, they contributed to the death and suffering of millions of African-Americans, and they helped bring on the Dred Scott decision, the Harpers Ferry incident, the secession crisis and the Civil War, which in turn lead to the enormous bloodshed of the American Civil War.

Jeremiah Sullivan Black was hardly a Charles Sumner or William Seward to begin with. He was appointed Attorney General almost simultaneously with the announcement on March 6, 1857 of the Dred Scott decision, a decision which many historians agree was the product in part of direct and improper solicitations by Buchanan of individual justices constituting the Southern majority on the court, in order to persuade them to come up with a broader decision expanding slavery beyond its current territorial bounds. In those days, the Presidential inauguration was held on March 4, and therefore Dred Scott was announced just two days after Buchanan took office on March 4, 1857.

Was this timing mere coincidence? The best research suggests that it was not so.

Buchanan’s role, and by implication Black’s role, in doing nothing to criticize Dred Scott, and doing everything to bring about Dred Scott and to broaden its applicability, are reprehensible in historical hindsight. Moreover, the best evidence suggests that President-Elect Buchanan solicited the Southern Judges on the Supreme Court in early 1857 to deliver the broad Dred Scott decision in a deliberate effort to broaden the reach of slavery to a constitutionally protected level beyond the power of the legislative enactments such as the Missouri Compromise of 1820, the Compromise of 1850 and Kansas-Nebraska of 1854.

Historian Allan Nevins in his landmark work The Emergence of Lincoln 1950) advances strong proof of evidence of impropriety in communications between Buchanan and members of the Supreme Court in the days before the decision was announced; and the decision was announced on March 6, 1857, two days after Buchanan was inaugurated.

The evidence as marshalled by Nevins and many other prominent historians suggests that Buchanan asked the Southern majority on the Court to decide Dred Scott broadly. The Oxford Guide to the Supreme Court specifically notes that Buchanan used an intermediary associate justice of the Supreme Court to convey his wishes to Chief Justice Taney that the Court rule broadly in Dred Scott, and that if they did so, the Buchanan Administration was prepared to enforce the decision legally and if necessary, by force.

As the attorney general appointed directly in the wake of Dred Scott, it was Black’s role specifically to defend and uphold Dred Scott, particularly in jurisdictions which up to that point had been considered “free” under the Missouri compromise and other laws separating free from slave.

As a defender of Dred Scott, and indeed, as Attorney General during the implementation of Dred Scott, Black’s historical role is nothing less than despicable. No just-thinking person in today’s world should have anything good to say about a man like Black given his actions from 1857 on in defending the Dred Scott decision. Black did everything in his power as Attorney General to defend Dred Scott, broaden the reach of slavery and thereby delay the emancipation of African-Americans in the United States.

It was this interference of Buchanan directly with the Supreme Court’s Southern wing which wrote the Dred Scott ruling which triggered William Seward’s famous speech “The Irrepressible Conflict,” delivered October 25, 1858 in Rochester, New York. Incidentally, ____________________ incorrectly cites the speech to 1850 at p. 66 of his article, a gross historical inaccuracy since the speech clearly post-dates and is in response to the Dred Scott decision.

In this brilliant speech, William Seward, a great man of history, sets out to demonstrate that “[t]he history of the Democratic party commits it to the policy of slavery. It has been the Democratic party, and no other agency, which has carried that policy up to its present alarming culmination.” William Henry Seward, “The Irrepressible Conflict”, The World’s Great Speeches (Dover 1973) at 295-96. After a historical exegesis, Seward continues;

“The Democratic party, finally, has procured from a supreme judiciary, fixed in its interest, a decree that slavery exists by force of the constitution in every territory of the United States, paramount to all legislative authority, either within the territory or residing in Congress. Such is the Democratic party….It is positive and uncompromising in the interest of slavery….” David Donald, Charles Sumner and the Coming of the Civil War (U. of Chicago 1960) at 180-81.

The direct solicitation of Dred Scott by Buchanan was a charge made and repeated often in the days following Dred Scott, and in reading the primary sources today buttressed by historical research done more recently, there is no reason to doubt the contemporary conclusions that Buchanan wanted Dred Scott and sought it out. The charge was made at the time, the charge is made today, and frankly, the charges are true. If it walks like a duck, and it talks like a duck, chances are, it’s a duck.

Seward’s speech should be read and re-read 100 times by all american citizens.

Black was no more and no less than a legalistic defender of slavery in his time. Given the chance to do something historically important, he chose to do nothing at all good and lots of things bad. Nothing he did or said can ever render him a hero.

Black was the kind of gutless wonder that belongs in those lower pits of Dante’s Inferno.

Nor can we allow to pass ____________________’s incomprehensible conclusion that “Buchanan and Black were right–abolitionist pressure did bring on the Civil War.” Buchanan was the key instigator of the secession crisis because Buchanan solicited the Dred Scott decision and then went out of his way (together with Black) to defend it and urge it on all Americans. Moreover, in historical hindsight, everything which the abolitionists did and said was completely and 100% correct and morally and legally justified.

The arguments and moral force of Sumner and Garrison and Seward are the only words from that period which ring true today. In dealing with slavery and comparable morally compelling situations (the German Nazi regime of the 1930s and 1940s comes to mind) there is no room for compromise or for hugging the middle.

What was needed was Lincoln’s and Teddy Roosevelt’s man of action. Instead, what we got in Buchanan and Black were a pair of Pennsylvania apologists for the Southern slavery regime.

Worse, Buchanan appears to have secretly intrigued to bring about Dred Scott and to secretly help his Southern Democratic slaveholding backers. By attacking the abolitionists, Buchanan and Black revealed themselves only to be apologists for a system of slavery which was inhuman, immoral and unconscionable.

Compared to the noble and dignified campaign of men like Senator Charles Sumner of Massachusetts, who struggled from day one against all odds to do the right thing and campaign for the freedom, dignity and human rights of African-Americans in this country, Black was a moral midget.

Senator Sumner in 1849 attacked the legality of segregated schools in Boston and coined the phrase “equality before the law.” Although Sumner lost the Roberts case, six years later the Massachusetts legislature outlawed racial segregation in all schools in the Commonwealth of Massachusetts.

Senator Sumner’s statue dominates the entrance to Harvard University at Johnston Gate even today, across from Mt. Auburn cemetary. It should. Senator Sumner is and was a great man.

For those who believe that a man like Black can be excused by the times and by the thoughts of his fellow man for being unenlightened, a short time reading Sumner’s works and speeches should disabuse anyone of such apologias. Unrestrained by the times or by the thoughts of his fellow men, Sumner, a practicing attorney and Harvard law school graduate, saw the truth for what it was and spoke directly and clearly about what he saw as the moral and ethical quicksand of any legal regime supporting slavery. To his eternal credit, Sumner opposed not only slavery but also segregation. Consequently, if Sumner could come to those views in the midst of his century, then a man like Black cannot be excused for failing to do so.

Indeed, Buchanan’s (and Black’s) celebration of Dred Scott, and their defense of it on the grounds that it was the “law” was what drove Lincoln in the Lincoln-Douglas debates to derive that there was a natural law, a law from a higher source, that in times like these had to substitute for the corrupt and improper judgment of a few men on an individual Supreme Court acting in concert with what they perceived to be a corrupt President (and Attorney General) openly siding with the forces of slavery.

This appeal to natural law, too, is the central argument of John Brown in his final speech before the Court before receiving sentence–“This Court acknowledges, too, as I suppose, the validity of the law of God. I see a book kissed, which I suppose to be the Bible, or at least the New Testament, which teaches me that all things whatsoever I would that men should do to me, I should do even so to them. It teaches me, further, to remember them that are in bonds as bound with them. I endeavored to act up to that instruction. I say I am yet too young to understand that God is any respecter of persons. I believe that to have interfered as I have done, as I have always freely admitted I have done, in behalf of His despised poor, I did no wrong, but right.” See John Brown, “On Being Sentenced to Death,” The World’s Great Speeches. (Dover 1973) at pp. 298-99.

We all know what John Brown was talking about. We know why he went to Harper’s Ferry on a virtual suicide mission, to liberate the slaves of the United States by force. John Brown’s death was a stirring call to action to many who had previously resisted force, and it scared the South deeply.

Jeremiah Sullivan Black as Attorney General also presided over the John Brown/Harpers Ferry incident of October-November 1859 and he did nothing during his Attorney Generalship to suggest that he possessed anything like the principled opposition to slavery which characterized Sumner, Garrison, Whittier, Garrett and other activists of the day. Nor did he ever evidence any understanding of the existence of a moral or natural law superior to the man-made law of his day.

Moreover, turning to the secession crisis period of December 1860-March 1861 which is the subject of _______________________’s piece, Black’s role during the secession crisis is not particularly worthy of praise.

In the first instance, Black’s views during these matters is a matter of public knowledge, since he carried on a virtually daily communication with the incoming Secretary of State William Seward, from December of 1860 to March of 1861. Seward visited Black freely during this time.

President Buchanan actually refused to meet with Seward, who was in charge of transition for Lincoln, and therefore Black played a go-between role between the incoming and outgoing administrations. The evidence suggests that Black’s main concern, far from saving the Union, was to avoid being prosecuted for treason by the incoming administration for the crime of cooperating too closely with the Southern states and particularly of conspiring with South Carolina to surrender Federal property in furtherance of a treasonous conspiracy.

Had Buchanan actually surrendered the forts and not followed Black’s advice, there is little doubt but that such a prosecution would have occurred upon Lincoln’s accession to power.

Compare this with modern Presidential transitions, and you readily see what the problem is.

Moreover, Black’s ideas on averting the secession crisis as expressed directly to Seward were less than praiseworthy. He spent one of their meetings asking Seward to compromise by having Seward accept, as a basis of settlement, simply the Constitution and laws as interpreted by the judiciary, a position which meant acceptance of Dred Scott.

Anyone even vaguely familiar with Seward’s and Lincoln’s views on the subject could not possibly have expected them to agree to such a “cave-in” of principle. It shows that Black assumed implicitly that no politician (even Seward or Lincoln) could possibly elevate moral principle over political expedience and thus highlights his true indifference to the moral enormity of his (and the South’s) crimes in carrying on and defending the institution of slavery.

In other words, even after the Southern states had announced secession, Black was still attempting to evangelize Republicans committed to the end of slavery on behalf of upholding Dred Scott.

Black also supported the Crittenden Compromise, which would have extended slavery to the area below the latitude of 36o30′ permanently in exchange for the Southern states returning to the Union fold, a policy which would have permanently institutionalized slavery in Arizona, New Mexico and Southern California well into the 20th century.

The real hero in the Buchanan cabinet was not Jeremiah Black, a Dred Scott apologist and party hack who does not even merit a mention in the notes to David Donald’s landmark study of Sumner. David Donald, Charles Sumner and the Coming of the Civil War (U. of Chicago 1960).

Rather, the real hero was Edwin Stanton, who after becoming Attorney General and succeeding the inactive and pro-Southern Black, started meeting with Seward and advising him almost daily of the “treasons” being perpetrated in the Buchanan cabinet meetings.

It was Stanton who “leaked” to Seward the intent of Buchanan to essentially surrender the Southern forts (and specifically Ft. Sumter) over to the seceding South Carolinians, and by advising Lincoln through Seward, made it virtually impossible for Buchanan (and Black) to do anything other than the right thing and stand up for the Union. Henry Wilson, “Jeremiah S. Black and Edwin M. Stanton,” Atlantic Monthly (1870) at pp. 464-65.

Stanton, through his friend Peter H. Watson, kept Seward apprised daily of events in the Buchanan cabinet meetings. Stanton also met with Sen. Sumner and kept other apprised secretly as well.

Incidently, Black after the Civil War attempted to prove that Stanton had never discussed Cabinet meetings with Seward, but was later forced to admit that it was so. See David M. Potter, Lincoln and his Party in the Secession Crisis (Yale University Press, 1942) (5th printing 1967) at 252 et seq.

As a consequence, Seward was able to ask several congressmen to convene a Congressional select committee to look into the allegations of whether anyone in the Buchanan administration had improper connections with the South Carolina secessionists.

There is little question but that one of the implicit threats of convening the committee was to look into evidence for a possible criminal prosecution of Black, Buchanan and other pro-Southern members of the Cabinet in the event that Sumter and other forts were surrendered or less than vigorously defended. As such, Black in urging Buchanan to defend the forts from South Carolina acted not out of principle or out of devotion to the Union, but rather, out of calculated self-interest.

In short, Black wanted to save his own skin realizing that a new President and new Administration were coming into power and that wartime justice would soon be a reality. Trial and hanging for treason cannot have been far from Black’s mind in taking whatever actions he did to preserve the status quo of the South Carolina forts pending Lincoln’s accession to power.

Through this select committee and through the press Seward was able to circumscribe the Buchanan cabinet with a limited range of policy options so as to maintain the status quo until Lincoln’s inauguration on March 4, 1861.

It was this committee, together with the other actions of Seward and Stanton and others, which probably had the greatest influence on Black to persuade Buchanan to take actions to preserve the status quo. Buchanan’s (and Black’s) natural inclinations, as indeed he was accused of by the Republicans at the time, was to side with the South.

By contrast, in 1832, when faced with the nullification/secession crisis, also involving South Carolina, Andrew Jackson acted swiftly and decisively to muzzle and neuter the rebellion. Historians generally agree that there were many Southerners who did not wish to secede. The border states were still undecided on what to do and North Carolina and Virginia were not particularly willing to secede from the Union.

Strong action by Buchanan in December of 1860 and January of 1861 could have rallied the anti-secessionist forces in the Confederate states and stilled or stopped the secession crisis in its tracks. However, Buchanan did nothing of the kind, and but for the actions of Seward, Stanton and others which essentially orchestrated Black’s counsel, Buchanan would gladly have handed over all federal property to the South willingly.

Black did not like Seward and did not agree with any of the programs or plans of the Republicans. He saw nothing immoral or wrong about slavery. He also referred to Seward as the “Wolsey of the new administration” (a sarcastic referral to the Cardinal Wolsey of historical England) and later penned a famous work in part critical of Seward. See “The Character of Mr. Seward. Reply to C.F.Adams, Sr.” C.F. Black, Essays and Speeches of Jeremiah S. Black (New York, 1886).

Obviously the fact that Black continued to engage in debates with the New England liberals for years after the war demonstrates that Black was a man of limited moral and ethical sense who never understood the basic issue at hand, namely the moral and ethical wrongness of slavery.

Seward concluded his famous speech “The Irrepressible Conflict”, delivered October 25, 1858, as follows;

“I know, and you know, that a revolution has begun. I know, and all the world knows, that revolutions never go backward. Twenty senators and a hundred representatives proclaim boldly in Congress today sentiments and opinions and principles of freedom which hardly so many men, even in this free state [New York], dared to utter in their own homes twenty years ago. While the government of the United States, under the conduct of the Democratic party, has been all that time surrendering one plain and castle after another to slavery, the people of the United States have been no less steadily and perseveringly gathering together the forces with which to recover back again all the fields and all the castles which have been lost, and to confound and overthrow, by one decisive blow, the betrayers of the constitution and freedom forever.”

See William Henry Seward, “The Irrepressible Conflict”, The World’s Great Speeches (Dover 1973), at pp.297-98.

One can not imagine Attorney General Black or Secretary of State Black uttering those words of Seward, and indeed, Seward himself viewed Black together with Buchanan as “betrayers of the constitution and freedom”.

Nor can we forget Charles Sumner’s vigorous reply to Buchanan’s request that Massachusetts adopt the so-called Crittenden compromise;

“Massachusetts has not yet spoken directly on these propositions; but…such are the unalterable convictions of her people, they would see their state sink below the sea and become a sandbank before they would adopt those propositions acknowledging property in man.”

See Donald, cited supra, at p. 371.

Obviously, by contrast, Mr. Black celebrated Dred Scott, defended the Crittenden compromise, and as Attorney General and as ultimate prosecutor of John Brown, saw no problem morally, ethically or legally with the enforcement of laws and institutions designed solely to enslave others and keep them in a condition of slavery. That he counselled Buchanan to keep the South Carolina forts in American hands at the same time that he knew that William Seward (and Edwin Stanton), a Congressional select committee and others were looking directly over their shoulders and threatening to prosecute them after March of 1861 for treason, explains to a greater and more precise degree Black’s actions than any feelings of Black that the Union should be preserved.

Jeremiah Sullivan Black was presented a rare gift in life, the opportunity to be act rightly, to act moral, to be William Seward or Charles Sumner or Abraham Lincoln.

Given this opportunity, he chose to simply be Jeremiah Sullivan Black, just another Pennsylvania lawyer content to muddle through the middle rather than take a principled stand against what anyone could plainly see was wrong.

In his time, and in his day, Black was seen as a “betrayer” of freedom and of the constitution, and nothing advanced in ____________________’s article should lead us astray from Mr. William Seward’s well-developed and fully articulated conclusions of 1858 in that regard.

In his day, Black was derided and despised for his warm embrace of Dred Scott and Crittenden’s compromise, and it would be a waste of authorial energies to attempt to exhume his well-deserved historical internment.

In searching for Pennsylvanians to emulate, it would be wiser and better to dwell on the flower of Pennsylvania, our abolitionists and leaders of freedom like Garrett and Longwood and others who worked tirelessly for the end of slavery and for the equality before the law of African-Americans.

We have a proud and noble history of abolitionism and of many historical figures who risked their lives working on the underground railroad in the Pennsylvania, Delaware and New Jersey regions.

Those are the local men and women whose works should be praised and discussed today. We cannot remind ourselves too many times of those great men and women who came before us. They were our Sumners and our Garrisons, our Lincolns and our Sewards. And that Martin Luther King studied seminary right here outside Philadelphia in the early 1950s.

If you have any questions, please kindly contact the undersigned.

Very truly yours,

By:
Arthur J. Kyriazis

AJK/vm
Enc.

Art Kyriazis
Philly/South Jersey
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