THE UNITED STATES Spring 2013 DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Volume XV, Issue 1 HISTORICAL SOCIETY NUNCNUNC PROPRO TUNCTUNC Historical Society’s Inside this Issue: Tribute To New Jersey’s Law Schools By: Keith J. Miller, Esq. Tribute to New Jersey’s On April 18, 2013, the Historical Society conducted a Tribute at the New Law Schools 1 Jersey Law Center recognizing and honoring the history and traditions of New Jersey's three law schools - Rutgers School of Law - Newark, Rutgers School of The Alabama’s 4 Law - Camden, and Seton Hall Law School. The Tribute, which was co- Bell Tolled sponsored by the New Jersey State Bar Association, featured audiovisual presentations on behalf of all three law schools followed by a networking Fisher Award 7 cocktail reception. The Tribute was well-attended by the Historical Society's Winner members and Judicial Advisors, by faculty, students and alumni from the law schools, and by members of the judiciary and legal community. Honoring 8 Barbara Morris The Tribute began with welcoming remarks from Historical Society President Leda Dunn Wettre, followed by introductory remarks from Tribute Chair Keith J. Miller. The keynote speech was given by Chief United States District Court Judge Jerome Simandle, who praised the contributions that all three law schools have made to the legal community in general and to the District of New Jersey in particular. Chief Judge Simandle noted that all three law schools have worked closely with the District Court for many years to facilitate the administration of justice, including participating in numerous programs and providing judicial interns and law clerks for the Judges of the District. Chief Judge Simandle also noted that many of the Judges of the District are graduates of the State's three law schools, as are many other members of the Federal Court Family. Dean Ronald K. Chen provided remarks on behalf of Rutgers School of Law - Newark. Included in Dean Chen's presentation was a surprise video greeting from Supreme Court Justice Ruth Bader Ginsburg, who was a member of the Rutgers School of Law - Newark faculty from 1963 until 1972. Justice Ginsburg recalled how much she enjoyed her years teaching at Rutgers, and complimented the District of New Jersey for its excellent reputation within the Federal Court system. Dean Chen also introduced a video presentation highlighting the law school's history and current activities. Dean Rayman Solomon gave a presentation on behalf of Rutgers School of Law - Camden. Included in Dean Solomon's presentation were his comments about the pending merger between Rutgers School of Law - NUNC PRO TUNC Volume XV, Issue 1 Page 2 Newark and Rutgers School of Law - Camden. Dean Solomon also introduced a video showcasing the law school's history and accomplishments. Associate Dean Claudette St. Romain gave a presentation on behalf of Seton Hall Law School. While she narrated the law school's history and accomplishments, a PowerPoint presentation played in the background, including many historical photographs of the law school. A reflection on her experience as a Seton Hall Law School student was also given by third year student Lauren Respoli, who is about to begin a clerkship in the District of New Jersey for the Honorable Kevin McNulty. After the presentations were completed, the Historical Society hosted a networking cocktail reception at the Law Center that allowed the law students and recent graduates to network with the Judges and other distinguished members of the legal community who attended the Tribute. The attendees enjoyed sumptuous hor d'oeuvres and engaged in many lively discussions. The Historical Society would like to thank the committee members who helped to make the Tribute such a rousing success, including Judicial Advisors Honorable Tonianne J. Bongiovanni, Honorable Douglas E. Arpert, Honorable Mark Falk, Honorable Patti Shwartz and Honorable Esther Salas, as well as Board Members Joe Tripodi, P.J. Murphy, Raj Parikh, Marion Percell, and Jennifer Critchley. Special thanks also go out to Susan Travis, Jim Waldron and Jack O'Brien of the Court for their invaluable assistance in preparing for the Tribute. NUNC PRO TUNC Volume XV, Issue 1 Page 3 Continued on page 12. NUNC PRO TUNC Volume XV, Issue 1 Page 4 For Whom A Bell Tolled By: Jennifer C. Critchley, Esq. and Patrick J. Murphy, III, Esq. The Confederate States Steamer Alabama was the most elegant and decisively efficacious vessel deployed by either the Union or the Confederacy during the American Civil War. Whereas the far more famous Civil War iron-clads USS Monitor and CSS Virginia were ugly, unseaworthy, flawed experiments, the Alabama represented a beautiful marriage between the best qualities of sail, and the infant technology of naval steam propulsion. The Alabama, which was built in England for the Confederate States of America under a tenuous veil of secrecy, was designed for one purpose -- to hunt, capture, burn (preferable) or bond (if necessary) Union merchant ships. She was, therefore, a thoroughbred commerce-raider. To that predatory end, the Alabama was designed for speed, with dimensions that optimized her ability to course through the sea under sail alone. She was revolutionary, however, by virtue of her two state-of-the-art, coal-driven steam- engines, which could both conquer the capricious doldrums of the open ocean, and power the Alabama’s invaluable fresh-water condensers. As a warship, the Alabama was formidable, armed primarily with two long -range, large-caliber naval cannon capable of intimidating any Union merchant vessel into submission, or if necessary, destroying them. Thus, reliant only upon periodic resupplies of coal, the Alabama was elegantly designed to cruise the world’s oceans in virtually any conditions, searching for Union prey. On the morning of August, 24, 1862, in the eastern Atlantic a few miles off the Azorean Island of Terceira, the Alabama began her cruise towards historic immortality when her Captain, Raphael Semmes -- a veteran former Union Navy officer and attorney from Mobile, Alabama -- read aloud the Alabama’s commission from Confederate President Jefferson Davis. The Alabama’s band played “Dixie,” the British colors were hauled down, and those of the fledgling Confederate States of America were raised to the masthead. As the helmsman took his first turn at the ship’s great wheel, he no doubt observed the Alabama’s fitting motto, engraved on a brass plate affixed to the wheel: “Aide-toi et Dieu t’aidera” or “God helps those who help themselves.” Just as certainly, as the Alabama stoked her boilers, spread her canvas, and got underway as a commissioned warship for the first time, every member of the crew heard the sharp toll of a brass object that formed the Alabama’s veritable heartbeat -- the ship’s bell. Indeed, the Alabama’s crew lived their lives for the next 20 months by the tolling of that bell. Across tens-of-thousands of sea-miles and most of the world’s oceans, as the Alabama’s bell tolled, the crew awakened, sailed, slept, and ate. As the Alabama’s bell tolled, she hunted, pursued, and captured or burned 65 Union merchant ships. As the Alabama’s bell tolled, Union merchants and ship owners scrambled to cope with the spike in maritime insurance rates caused by the Alabama, and frantically sought to transfer the registration of their vessels off-shore, so they might not fall prey to the infamous commerce-raider. As the Alabama’s bell tolled, the public, press, and politicians in the North angrily ranted against the Union Navy’s embarrassing inability to capture or kill Captain Semmes and his rapacious vessel. As the Alabama’s bell tolled, frustrated bureaucrats in Washington were forced to divert valuable Union warships from the war-long blockade of Southern ports to participate in a worldwide hunt for the Alabama. As the Alabama’s bell tolled, she fulfilled her mission of ravaging Union merchant shipping, and incredibly, did so without the loss of a single life. The Alabama’s bell, however, was not destined to toll forever. In June, 1864, desperately in need of maintenance following almost two-years of cruising around the globe, the Alabama made port in neutral Cherbourg, France. Shortly thereafter, the USS Kearsarge, a powerful Union warship commanded by Captain John A. Winslow, arrived outside the French port. The Kearsarge’s sudden appearance presented Captain Semmes with two unpalatable options: spend the remainder of the war blockaded in Cherbourg or subject his tired vessel to a battle in which the Alabama’s elegant design would provide no advantage. Displaying the same aggressiveness that had already forged the commerce-raider’s legacy, Captain Semmes informed Captain NUNC PRO TUNC Volume XV, Issue 1 Page 5 Winslow that the Alabama would give battle. On June 19, 1864, Captain Semmes, the Alabama, and its crew sailed towards their fateful rendezvous with the Kearsarge. Surely, as they did so, the Alabama’s bell tolled. The result of the battle was not inevitable. In its early stages, a well-placed shot from the Alabama lodged in the stern-post of the Kearsarge, above the ship’s rudder. Had that shot exploded, as it was designed to do, the Kearsarge would likely have been rendered unable to steer. In that condition, Captain Semmes would have had the option to either methodically pummel the Kearsarge from various advantageous angles of attack or sail away from Cherbourg without fear of immediate hostile pursuit. The shot, however, did not explode, and the Kearsarge was not seriously damaged. Instead, over the course of an hour-long battle, the Kearsarge displayed superior gunnery, and therewith inflicted a series of fatal wounds upon the Alabama.