| "Yale Wins Regatta versus 
    Harvard" by Jeff Provine 
  
   Author 
    
    says: we're very pleased to present the twenty-third story from Jeff 
  
  Provine's excellent blog
  
  This Day in 
    
    Alternate History Please note that the opinions expressed in this post 
  
  do not necessarily reflect the views of the author(s). 
     
      On July 2nd 1852, 
     
      a decade after each had formed their boating club for crew, Yale issued a 
      challenge to its rival Harvard for a race "to test the superiority of the 
      oarsmen of the two colleges". .
 The Race (as it became known) was held on a warm day at Lake Winnipesaukee 
      in New Hampshire with the various clubs of the teams putting forth several 
      boats. Just before leaving New Haven, a group of Yale students decided 
      that, though hardly sporting, they would reorganize their crews to put 
      forth a strongest boat with the other members on another boat. The result 
      was Yale's boat Shawmut winning by an impressive three lengths to 
      Harvard's Oneida. General Franklin Pierce (soon to be President Pierce in 
      1853) awarded Yale the silver-inscribed oars used for the trophy.
 
 While nothing of note seemingly came from the simple boating match 
      (another would be held in 1855 with Yale winning again; and a third in 
      1859 with Harvard taking the lead), an air of craftiness and superiority 
      would come over the Yale campus. Students took to heart a lesson of 
      plotting.
 
 This feeling would come to a head forty years later on the US Supreme 
      Court while Melville Fuller (a Harvard man, graduating in 1853) was the 
      Chief Justice. Three Yale men served as Associate Justices: Henry Billings 
      Brown (Yale, 1856), David J. Brewer (Yale, 1856), and George Shiras, Jr. 
      (Yale, 1853). While they supported votes with Fuller putting into effect 
      the legality of the anti-trust Sherman Act, they decided that it was time 
      the federal government took a step further.
 
 It was over dinner at Shiras' Washington residence that they formulated 
      their plan to take it upon themselves to clear up questions that might be 
      solved in blood later in American history. For example, Brewer noted, if 
      the question of slavery had been handled by the courts in the Dred Scott 
      case in 1857, there would have been no need for a Civil War to sort out 
      the social affairs of states. They had then only been starting their legal 
      careers and still gloating over victory in The Race, but they knew they 
      could have done something. Now they had the chance for real change.
 
 In 1895, Brown convinced Shiras and Brewer to follow him in supporting the 
      Income Tax Act of 1894 that had come under question in Pollock v. Farmers' 
      Loan & Trust Company, 157 U.S. 429. With a slight majority of 6-3, income 
      tax became legal in the United States, and they felt that the working 
      people would be kept better affirmed in power and not be in fear of taking 
      a violent step toward revolution. They later supported limits on workers' 
      hours as well as the Trust Busting of the Roosevelt and Taft 
      administrations.
 
 1896 held another key vote in Plessy v. Ferguson, 163 U.S. 537. The case 
      of a 1/8 black man attempting to ride a "whites only" car in Louisiana 
      came under fire by protection from the 14th Amendment. Though they 
      initially agreed that the Supreme Court did not have jurisdiction to 
      mandate laws on intrastate travel, the three began to suspect the idea of 
      "equality" if races were truly kept separate. They joined with Justice 
      Harlan dissenting (a former slave owner, he had many negative things to 
      say of racism and, specifically, the evils of the Ku Klux Klan), but they 
      knew the court would be split 5-4. By using the quote "Equal Justice Under 
      Law" Fuller had used himself in Caldwell v. Texas, 137 U. S. 692 (1891), 
      they managed to persuade the Chief Justice to side with them, thus 
      stopping a trend toward "segregation" over the whole of the country, 
      despite political fallout and several white uprisings. Working further 
      with race relations, the Court would support the citizenship of the 
      American-born Chinese man Wong Kim Ark in 1898.
 
 While the South, Midwest, and large cities of the North went through a 
      troubling decade of integration from 1900-10, the court also dealt with 
      the growing territories of the United States, declaring citizenship to 
      Puerto Ricans in 1904 with Gonzalez vs. Williams (192 U.S. 1) and 
      outlining the rights of the peoples among newly conquered islands in the 
      famous Insular Cases. Justice became required in such places as the 
      war-torn Philippines, which underwent a sort of Reconstruction modeled on 
      that of the South after the Civil War and now stands as a model among 
      Southeastern Asian countries after independence in 1946.
 
 The distribution of wealth and power among the lower classes caused an 
      upheaval for rights in the United States, many of which were granted to 
      keep up American morale in World War I. The Post-War Boom lasted well into 
      Hoover's second term, but eventual readjustment of the inflated markets 
      caused the painful Crash of '33. With much of the country applauding First 
      Lady Eleanor Roosevelt's work to advance minorities in public-works 
      programs, the Great Depression was considered over by the time war was 
      declared in 1941. Peace in the form of the Cold War settled on America, 
      when another Supreme Court decision named the draft unconstitutional in 
      the exception of defense against an invading enemy. The Korean and Vietnam 
      Wars would thus be handled by volunteers and an increasingly professional 
      army, as displayed by the Years of Service awards given by President 
      Johnson after the Armistice of 1969 in Saigon, South Vietnam.
 
     
     Author 
    says in reality, in reality, Harvard won the Race. Brown, Brewer, and 
    Shiras served as Justices but did not attempt to manipulate the law to 
    achieve what may happen in the future. Rather, they served as fairly 
    conservative upholders of a strict reading of the Constitution. Income Tax 
    was struck down, anti-trust supported (except for production facilities 
    located within a single state, which fell under state laws), Wong Kim Ark 
    became a citizen from birth, and Plessy vs. Ferguson upheld Jim Crow laws, 
    establishing legality for sixty years of racial suppression. To view guest historian's comments on this post please visit the
    
    Today in Alternate History web site.
 
 
     Jeff Provine, Guest Historian of
    
    Today in Alternate History, a Daily Updating Blog of Important Events In 
    History That Never Occurred Today. Follow us on
    
    Facebook, Myspace and
    Twitter.  Imagine what would be, if history had occurred a bit 
    differently. Who says it didn't, somewhere? These fictional news items 
    explore that possibility. Possibilities such as America becoming a Marxist 
    superpower, aliens influencing human history in the 18th century and Teddy 
    Roosevelt winning his 3rd term as president abound in this interesting 
    fictional blog. 
 
 
    
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