SCOTUS on Tomatoes

In 1887, U.S. tariff laws imposed duties on vegetables, but not on fruits. Some smart lawyer (we occasionally stumble upon these fabled creatures) representing not only a particular commercial interest but Mother Nature Herself argued that the tomato is a (duty-free) fruit.

Botanically, tomatoes are a type of fruit; a berry, to be precise. Alas for Mother Nature and the enlightened litigator championing her, on May 10, 1893, in Nix v. Hedden (149 U.S. 304), the U.S. Supreme Court ruled (unanimously) that “based use and popular perception,” under customs regulations the tomato is a vegetable, putting the court at odds with science, but in concord with commerce.

With appropriate deference to hoards of potentially bellicose biologists across the globe, the court–by way of covering its ass–acknowledged its limitations by not purporting to define tomatoes beyond the rule of American law.

My Father

Jesse L. Yancy, Jr. was an attorney, politician, and humanitarian who served the people of Bruce, Calhoun County, and Mississippi from 1956 until his death in 1970.

Born in Springville, Mississippi on Jan. 17, 1926, Yancy moved to Bruce ten years later, where his father, Jesse Lee Yancy, Sr. had established a general store. He graduated from Bruce High School in 1944, joined the Army Air Corps in 1945, and served overseas in the Pacific. He attended the University of Mississippi School of Business and School of Law, earning his J.D. in 1951. In 1952 he married Barbara Young. They had three children.

Yancy served as an attorney for the City of Bruce for 17 years. His most influential act in that capacity came in 1961, when Bruce had outgrown its fledgling infrastructure, and the city was badly in need of repairs and updates to its streets, water, and sewer systems.

Yancy commandeered a grant of $25,000 for the city to hire Cook Coggin, an engineering firm in Tupelo, to conduct a survey of what repairs and improvements were needed. On completion of this study, the city secured a loan of $500,000 to fund the improvements. Yancy helped Bruce to grow into a clean, attractive town, appealing both to current and potential citizens as well as businesses and industry.

He was a president of the Bruce Rotary Club, the Bruce Chamber of Commerce, the Calhoun County Bar Association, and a founder and commander of VFW Post 5571. He served on the Pushmataha Council of the Boy Scouts of America, and taught Sunday school at the Bruce United Methodist Church.

In 1960, Yancy was elected district attorney for the Third Circuit Court District of Mississippi. During the Meredith Crisis at Ole Miss, Yancy entered the national spotlight when a Lafayette County grand jury issued an indictment against Chief United States Marshall James P. McShane, Meredith’s escort to registration at the University, for inciting a riot.

While serving as D.A., Yancy became president of the Mississippi Prosecutors Association. Elected to the Senate in 1968, during his first term Yancy, as chairman of the Senate Elections Committee, guided the state’s first Open Election Law to passage.

A member of the Senate Commission on Appropriations, he wrote and gained approval for the Idle Funds Bill, which authorized the investment of in place funding for the state, a key piece of legislation that has garnered Mississippi millions of much-needed dollars for over four decades.

The Yellow Rose of Schoona

A poignant tale of love, loss, and thralldom embellished with romance as tales often are, this story was published over a century ago in The Calhoun County Monitor-Herald.

In the cold, dreary winter of 1852, just after the organization of Calhoun County, quite a number of citizens of Spring and Brushy Creeks were sitting in a rude log cabin by the roadside, where John McCord kept a store, lightly stocked with the necessities of life, discussing the new county and squirting tobacco on the old, rickety stove. Bob Brown, the Postmaster, (for there had recently been established at this place a post office called Banner), came around and stood in the door. Snow and sleet were falling thick and fast and the cold north wind howled through the towering pines and drifted snow against the rude fences. All nature seemed at war–and the howling storm quelled the spirit of those pioneers, who were acquainted with trouble and knew danger and privations.

“The coldest day I ever felt,” said Bob. “Everything outside is freezing.”

While the men were buttoning up their coats, preparatory to breasting the storm en route to their homes, Bob looked eastward along the road and saw a lone woman trudging through the snow storm, coming in the direction of the store. She soon appeared at the door and asked permission to warm at the fire. The gentlemen gallantly gave way and tendered her a seat near the stove.

“Bad weather to be out,” remarked McCord, the merchant. “Quite unpleasant,” replied the woman in soft, sweet voice. She was well and comfortably clad, and had in her hand a well filled grip. She was tall and well formed, with a handsome figure and soft, appealing eyes. Her hair was long, dark and wavy, and her skin was a soft yellow–not quite as dark as the Indian. Her features were animated and her countenance sparkled with every change of expression. Her step, quick and elastic; voice, soft and musical; her language, pure and faultless English and her age about 22 years. The men soon started for home through the drifting storm, and left McCord, Brown and Sid Brantley and the woman still clustered about the stove. The able, big-hearted Brantley asked the woman how it happened that she was caught out in the storm, and where she was going in all this bad weather.

After some hesitation, she answered in a low, musical voice, “I am part Indian and I am making my way to the Indian Nation, where my tribe, the Chickasaws, went in 1836. I was then a small girl living with my grandmother. My mother, a Chickasaw died when I was a baby. My father, a white man, went with the tribe. My grandmother, being very old, was left with me. After grandmother died, I was taken by a nice family of whites, who gave me a home, taught me the art of dressmaking and educated me. But I could not forget my brothers and sisters in the Indian Nation and at last resolved at every hazard, to make my way to them. I have no money or friends that I can call upon for assistance, so I am trying to make my way afoot.”

Her simple story touched Mr. Brantley’s heart, and he cordially invited her to his nearby home. She, with some hesitation, accepted his generous invitation and accompanied him home, where she remained until the storm was over. In conversation, on the way home, Brantley asked her name. She modestly answered, “Bombazelle McAllister”. She was introduced to the family and assured that she could make her home with them until the weather settled. She was assigned a room with Brantley’s oldest daughter. The next day was still cold and blustery and the ladies were confined to their rooms. The stranger soon became familiar with the family. Miss Brantley had a nice new dress pattern she was preparing to make up. Bombazelle examined the goods with great care and suggested how it should be designed. Sissy was delighted. Bombazelle took her measure–a thing heretofore unknown in these wild woods–and she assisted in making the dress. The family was delighted with the attractive design and the gracious fit of the dress. Hence the news spread rapidly throughout the neighborhood that a marvelous designer and dressmaker was stopping at Sid Brantley’s–and the blushing lassies in all the region gathered ’round to have Bombazelle cut and fashion their dresses. She moved from home to home as her services were requested, and at night, occupied rooms and beds with the young ladies of the community.

The snow storm had passed, but Bombazelle remained, kept busy cutting out and making dresses. She was well paid and was kindly received by every family. She was ready and willing to give the young ladies instructions in cutting materials and in dressmaking. She was a fine talker and a lovely girl, her color rather dark, but being part Indian, this was understood. She soon became the Belle of Banner, and the boys called her “The Yellow Rose of Schoona”, and she received the attention of all the nice young men in the neighborhood. John McCord fell desperately in love with Bombazelle, and after a spirited contest with the young swains about Banner, won her heart. McCord was, as the term was known in those far-off days, “well-off”. He had a good house, servants and quite a number of Negro slaves. The couple was married at Brantley’s home, Esquire John Hankins making the happy couple man and wife. There was quite a gathering at the wedding, and, as was the custom, all who wished, were privileged to kiss the bride, as did some of the girls and women present.

The springtime in all its beauty was rapidly approaching. The dogwoods were budding, the birds were all a-twitter and the geese were flying north to their faraway homes. Bombazelle was happy in the home of John McCord. She had a husband who was a leader in the young county and was loved and admired by everyone. She also had Old Sylvia, her trusted servant, and her flock of boys and girls, to attend to her every want. She kept a close eye on the servants, and they had to “toe the mark”. She had her rooms well furnished, wore wonderful clothes, and kept everything about the place in “apple pie” order. Every servant jumped when she spoke, for she was a firm mistress, and ran the house with energy and ability. McCord, too, was happy with his beautiful wife and his elegantly arranged home. The “Yellow Rose” was happy and excited because she was the leader in style and fashion in the whole county. She was constantly sought out and consulted about dresses and was a close friend to the young belles for miles around.

Spring opened in all its glory. The whippoorwills sang at evening, the sun smiled all day on the new fields, just wrested from the primeval forests, and the birds and animals made love in the swamps and endless forests. Late one afternoon, a fine looking gentleman was seen riding a splendid blooded horse into Banner. Mrs. McCord (Bombazelle) observed him–and, in consternation, made it convenient to disappear at once. The traveler alighted and entered the saddle shop owned by J. Brown, and after passing the compliments of the season, inquired if there had been seen in that place a woman who had disappeared. He gave an accurate description of Mrs. McCord. Bob hesitated, looked wise and gave an evasive answer. Night was approaching, so the stranger asked if there was a house of entertainment in town. Brown directed him to Mr. Arnold’s home, just west of town. He made his business known to Mr. Arnold, and said he had traced the woman to Banner–and that she was his Negro house servant and seamstress–and that she had run away from the family home at Aberdeen, Mississippi. Arnold repeated to him the story of Bombazelle’s appearance, her captivation of the community and her marriage to John McCord months before.

“That’s my Negro,” said the stranger, “she is almost white in appearance and is very smart.”

It is hardly necessary to add that the people of Banner were stirred up and greatly excited by his revelation. The belles and beaus were crestfallen. The girls who had entertained and associated with Bombazelle were dumbfounded. The idea of having so cordially entertained this servant in their homes was humiliating. And the young men who had called upon Bombazelle and sought her hand were shocked beyond expression while the older men, who had so fondly kissed the yellow blushing bride, were punched in the ribs by their wives for having embraced the woman in their presence. But the “Yellow Rose”! Where was she? McAllister (the stranger) could not find her anywhere. She had suddenly and mysteriously disappeared. McCord was wild and miserable. His happiness was swept away in the wrinkling of an eye. Dispirited and troubled, he stood about, wondering what to do! His wife, with his knowledge, had been secreted in a cabin on Schoona, there to await the issue. McCord was a good man, law-abiding and honest, yet he did not know but that McAllister was a fraud.

McAllister posted off to Hartford (the community now known as Oldtown, which was the county seat at that time), here he learned that the marriage certificate had been issued to John McCord and Bombazelle McAllister, and that it had been returned by Esq. Hankins. He at once instituted suit against John McCord and his securities, for marrying a Negro, contrary to the laws of the State of Mississippi. McCord’s friends were in close consultation all day, devising ways and means to extricate McCord from his dilemma. Brantley, with a keen eye to business, also went to Hartford, and there met McAllister. Brantley, being always a friend for anyone in distress, had a long interview with McAllister, and induced him to suspend legal proceedings until he could see McCord, assuring him that it was a fraud practiced on McCord, and McCord truly believed that she was part Indian, but had never dreamed that she was a runaway slave–and that she would be found and returned to McAllister. Old Sylvia was the happiest Negro in the county. She and her children clapped their hands at being relieved of such a hard head mistress.

Brantley returned to McAllister that afternoon, after having a long talk with McCord and Brown, entertained him that night and promised him that Bombazelle would be forthcoming in the morning. So, in the morning, bright and early, “The Yellow Rose of Schoona” fondly embraced Mr. McCord, bid him an affectionate farewell, and promptly reported to her master, and they departed for Aberdeen.

Editor’s Note: [1972] In the 1940’s, Dr. W. A. Evans of Aberdeen researched The Monitor Herald story of Bombazelle McAllister in the county courthouse records at Aberdeen. He found advertisements by the man McAllister, giving notice that his slave Bombazelle had run away. After McAllister took her back to Aberdeen, he sold her at once, as she had given trouble before. The money paid for Bombazelle went into the building of a new McAllister home, located in the city of Aberdeen. Dr. Evans reported that no further evidence of Bombazelle exists after she was sold.

Daddy at the Door

Jess Jr. was charismatic, spontaneous, and imbued with a zest for life. This made his wife, my mother Barbara, very happy, but kept her in continual apprehension.

She told us the story of their invitation to a party at a prominent home in Oxford. Barbara was nervous, but Jess assured her that as district attorney he worked with the host, who was a judge.

Once they reached the door, Jess turned to Barbara, winked, and said, “Watch this.” Then he rang the bell.

“My heart just sank to my shoes,” she said. When the door opened, Jess walked in, raised his arms in the air, and said, “We are trying to have a prayer meeting down the street, and your drunken carryin-ons are disrupting our communion with God Almighty!”

This being when Mississippi, was dry, the assemblage of well-heeled Oxonians and semi-reputable Ole Miss academics froze. Mother said she could hear the traffic on the Square five blocks away.

She was about to die when the host stuck his head out the kitchen door and said, “Jess, quit scaring the hell out of everybody, get a drink, and get Barbara one, too. God knows she needs it.”

On the Gentrification of Southern Food

We’ve seen black-eyed peas made into everything short of cupcakes with sweet potato icing (don’t you dare!), and if I run up on one more gourmet recipe for fried green tomatoes, I’m going to take a skillet out and start swinging at anybody with a fork.

In the restaurant business it’s not unusual for chefs of one ilk or another to turn a hayseed staple into a Broadway entrée.  Most basic recipes are open to elaboration, and every cook has a twist; a pinch here, a dash there, a pot for this, a pan for that.

If the cook’s intentions are honorable, meaning that his or her primary concern is with how a dish tastes, all the better. But if you’re putting a heap of crab ceviche over a batch of cold butter bean fritters just so you can charge six bucks more, that’s just wrong.

The Rainbow Cake

Jake saw an image of a rainbow cake somewhere and just had to make one. It wasn’t even called a rainbow cake in any sort of caption; it was just a random image on a blog somewhere, but he found it beautiful, and I did, too.

But when he said he wanted to make one, well, I kinda tingled in my toes. You’d never know it, but Jake is color-blind. I’m not sure how extensive it is, and he’s not either, but when he pointed to that gorgeous slice of multi-colored cake on the monitor and said he wanted to make it, I offered to help.

It was the least I could do.

Since this was such an experimental venture, we used a commercial white cake mix and a canned icing; after all, our objective was drag queen appearance over substance. The most indispensable element of the project was two (count ‘em, two!) boxes of McCormick’s assorted food coloring and egg dye. Each box has formulas for achieving eight colors (red, yellow, green and blue as well as pretty purple, orange sunset, teal, mint green and dusty rose).

We used two boxes of cake mix, split the batter into six equal amounts and then colored each bowl of batter. Because there was less batter per baking pan, oven time was reduced by about half.

Jake wanted to arrange the layers to his own satisfaction, but I told him that while that might be interesting, it might be better on this effort for us to stick to Roy G. Biv (less the “i” I think). After a brief discussion, the pans were numbered and labeled. Once cooled, we assembled the cake. It sat overnight in a white icing.

A few friends came over the next day, and with the first slice, everyone went “Ooo . . ! “ and we just grinned.

 

Daddy at the Movies

Jess Jr. was an expressive soul with little reserve, a candor celebrated by many, but trying for my mother. It was especially difficult when they went to the movies, since my father’s tastes in films ran to maudlin melodramas.

She said he would hear about these movies from a slew of waitresses, secretaries, and beauticians-–Daddy never passed a beauty parlor without going in; he said it caught the girls at a disadvantage-–who kept him up with the latest Hollywood tear-jerkers. He’d drag her to see films such as Peyton Place–“It’s bad Faulkner!”)–Hush, Hush, Sweet Charlotte (Daddy had a lot to say about the legal issues in that one)–and Madame X. During the courtroom scene, he said loudly for the entire theater to hear: “My God, can you imagine what she must be going through!?”

Mother simply stared with resignation at the screen, studiously avoiding chilling glances. Some scenes reduced Daddy to great heaving sobs, like when they had to pull Susan Kohner off Juanita Moore’s coffin at the end of Imitation of Life. His only child to inherit this sense of cinematic drama was my sister, Cindy, who bolted out of a Memphis theater during The Snow Queen screaming, “She’s gonna get me!” half-way down Union Avenue.

Willie’s Liver

Willie Morris is one of Mississippi’s most beloved authors, perhaps particularly due to his homespun memoir, My Dog Skip (1995).

Morris is less fondly remembered for his autobiographical North Toward Home (1967; written when Morris was all of 33), which was damned with faint praise by the Sunday (New York) Times as though “lacking in focus” was “well-written.” Then there’s The Courting of Marcus Depree (1983), which Christopher Lehmann-Haupt says that, “Instead of catching a story by the tail, Willie Morris staggers around, lunging after whatever happens to catch his eye.” (“Lurching” would have been more apt.)

Morris’s early promise as editor of Harper’s led to early failure. After his summary dismissal by John Cowles, Jr. in 1971, Willie hit the skids. He bummed around Long Island for a while, soaking up booze with the likes of Craig Claiborne, whom he recklessly advised to write an embarrassing memoir. He then he came home to Mississippi, to Oxford, the literary nipple of Mississippi, where he quickly became the central figure of a dissolute group of rakes and hangers-on who trolled the bars in varying degrees of pixilation and retired to his home at closing time for late-night revels with Willie as the Prince des Sots.

At that time, I was working at The Warehouse, a restaurant in Oxford that saw its heyday in the early 80s, where James Ruffin was the head cook. Garrulous and scrappy, James scared the hell out of me when I came to work there as his right-hand-man. James was blind in one eye, as I am, so I figured between us we would get along like those old women from myth who shared a single eye. And we did, working together in a cramped, noisy, hot kitchen. We came to know and trust each other well. The last time I saw him was the day after the Warehouse burned in the wee hours of February 15, 1986. When he died many years later, our old boss Frank Odom let me know, and I was saddened. James was a good man who lived a hard life.

The Warehouse enjoyed a somewhat upscale reputation and business was good. Now, after-hour diners are always an irritant to restaurant staff, but they hold big appeal for management who enjoy enabling significant people to entertain themselves and their significant friends after the riff-raff have gone and a strategic table can be commanded.

Willie Morris always came in at closing time with a number of his adherents to occupy the big round table in the southwest corner of the floor, far enough away from the noisy bar where Willie could hold court without distraction. The management always alerted us that they were coming, which gave me and James ample time to halt our closing procedures and grumble until the table had been seated and lubricated with ample rounds. Almost invariably, Willie ordered the calf’s liver, which came to us pre-sliced and individually quick-frozen. A serving consisted of two 4-oz. slices of liver, dusted with seasoned flour and cooked on a well-oiled griddle and served with potatoes and a small salad. At $9.95, it was our cheapest entrée.

Cooked properly, a seared slice of liver is a wonderful thing. But it takes a little consideration, and by 11 p.m., James and I were on our last legs of the day. His wife had been waiting for him in the parking lot for an hour (he couldn’t drive at night), and I had less than 30 minutes to have a beer with my friends at the Rose before it shut down. So when it came time to prepare Willie’s liver, James put a griddle iron on it and let it cook while we mopped the floor. The end result was leather. Neither the besotted nor the hungover Morris ever complained.

This grumpery against Morris can easily be dismissed as carping of the pettiest sort, but one day I was in the Gin, a landmark Oxford restaurant and watering-hole. At the bar, in his usual corner on the south end, sat Doxie Kent Williford, one of the smartest, kindest people I’ve ever known and one of the very few openly gay men in Oxford at the time. You rarely heard Doxie say an unkind word about anyone (including Willie Morris), and he was regarded with affection not only by the staff in the Gin, but by many Oxford residents and students.

I remember it was a late afternoon. Willie came through the swinging doors with his entourage and characteristic bonhomie. They settled in at a large table in the center of the floor. Not a half-hour passed then Willie, in a very loud voice, said, “Look at that faggot at the end of the bar!” and snickered.

The room fell silent. Doxie put his head in his hands, asked for his check and left. Willie laughed more at that and resumed telling whatever impressive lie he had launched upon earlier. Those of us at the bar were all in shock,. I tried to catch Doxie in the parking lot to say something, but he waved me off and left in a hurry. He was back the next day, but refused to talk about it. There was nothing to be done about it, because Willie had–for better or worse–become a poster boy for Oxford’s development as a cultural Potemkin village. Morris has been enshrined, but his brutal public incivility to a man I loved remains for me a defining moment of his egoistic, dissolute character.

Season liver with salt and pepper, sear in light oil, turning once until just done and set aside; working quickly, add more oil, increase heat, add clove of crushed garlic and a half an onion, sliced into slivers or rings. Layer liver atop vegetables and cover for about five minutes, or until the meat is firm. Invert to serve.

My Father’s Books

My dad had a soft touch for door-to-door salesmen. I can still see him laid back on the couch in his boxers listening to some guy spell out his hard-luck story. I doubt if any of them left without an order and a couple of dollars in their pocket. We had three sets of encyclopedias and all kinds of serials put out by national publication like Time/Life or the Reader’s Digest. Our home was full of books full of words and pictures, and I spent hours poring over them when as a boy.

It wasn’t until a decade after he died when I was 12 that I began to explore the other books, the old faded covers and the tattered paperbacks. There I found the father I didn’t know, a man beyond my comprehension as a child, and certainly beyond mine as an old man. Still the books set a mold of time, of place, and more so of my father, the contours set by such as a raggedly paperback edition of Greek poetry in English translation in which I found underlined the epigram of Simonides that Senator John F. Kennedy cited in his speech at the Syria Mosque in Pittsburgh, Pennsylvania in October, 1960: “Passerby: Tell Sparta we fell faithful to her service.”

Jess Jr. had a professional connection with the Kennedys, since in his capacity as District Attorney for Lafayette County in 1962 he had to juggle the political ramifications of a grand jury indictment against James J.P. McShane, who led the federal agents who escorted James Meredith, the first African American student at University of Mississippi. The indictment was eventually revoked.

He had a copy of C.H. Cramer’s Royal Bob: The Life of Robert Ingersoll. Ingersoll, an American lawyer, Civil War veteran, political leader and orator during the Golden Age of Free Thought (roughly from 1875 to 1914), was noted for his broad range of cultural activities and his defense of agnosticism. Another book relating to Jess Jr.’s political leanings on a more local level is Kirwan’s Revolt of the Rednecks: Mississippi Politics, 1876-1925, a solid nod to his political roots in the hills of north Mississippi.

One of the most puzzling yet astoundingly revealing works I found among my father’s books was Richard Brautigan’s first novel. A Confederate General from Big Sur, published in 1964. Jess Jr. was a student of the Civil War not only as a Southerner but as a politician since its ramifications were being felt with intensity in his lifetime.

In Brautigan’s novel, which takes place in 1957, a man named Mellon believes he is a descendant of a Confederate general from Big Sur, California. There is no proof of his existence, although Mellon meets a drifter who has also heard of this general. Mellon seeks the truth of his own modern-day struggle in the United States in light of the Confederacy’s past struggle with the Union. Most likely, my father picked this book up on the basis of its title alone, but I like to believe he read it in its entirety.

He had Faulkner’s A Fable and The Town, two very divergent works; Jess Jr. knew Faulkner’s attorney Phil Stone and might have met the writer, but I feel he read Faulkner’s works more out of a desire to understand how this man from Lafayette County came to win a Nobel Prize than for any other reason. His copy of Welty’s Golden Apples, I found puzzling, but then he kept his ear to the ground and would have heard of Welty’s rising star.

I like to believe he was just a man who liked to read, and words became a part of who he was, but Jess Jr. could well be considered a learned man. As such, he was quite different from his peers, who included the political lights of his day as well as an across-the-board array of businessmen and dignitaries.

Yet for all the stories I’ve heard, and this slender thread of books I’ve found, Jess Jr. will always be a maze to the man I am. But not to the boy who loved him.

Sardine Salad

Take Port Clydes in oil, drain, drizzle with lemon juice and salt, and put them in the refrigerator to chill. Serve with gherkins, celery, onions, and boiled/pickled eggs. Dill toast is wonderful, but rye Melba will suffice, and saltines will do any time at all.