which i don't think there's a fundamental basis in the constitution, there's not really a legal framework for protecting animals as mostly based on sort of protecting human beings and as our collective conscience that is embarrassed by animal cruelty and the consequence for the basis of those laws and then my second question was about the fourth argument against same-sex marriage, the argument i believe in the book and it's not always sort of a codification of collective morality? and other words doesn't require sort of in some sense at least the consent of the majority of people in this and that the basis for state endorsement of mayor rich? if it is the case that our government is the representation of the people? wouldn't it be the case the government reflects the particular will on that issue? ..

they declared that the zoning law lacks a rational basis so that is the precedent that the people who argued before the supreme court were relying on and they got what they wanted. okay, so the fourth argument, i

think you know a lot in a pluralistic society does of course have a moral content because my image, and it is one that i took over from john rawls, is that a 40 calls an overlapping consensus. that is, all our moral views differ but let's hope that we overlap in a certain zone, and we base our political principles on that. what would he announce him? the idea of human equality, human dignity, eat the protection of law and things like that and then we work out the implications of that. that means that the majorities have better be very careful that when they bring their preferences forward, it is something that is in that zone rather than something outside the zone that they just happen to like very much. so for example when they say well, sunday will be the day off and if anyone can't work on saturday, tough for them. they can eat and get

unemployment compensation. the supreme court has said well you know that is like finding somebody for saturday worship them as we can allow because it is the fundamental idea that people are equally entitled to exercise their religious liberties so in other words there a are built-in safeguards for minorities lest the majority impose on the minority something that is violative of values that do lie in the course such as equilibrium of conscience and so on. so what we say has truth to it but it is not the whole truth. [applause] >> martha nussbaum is a professor at the university of chicago law school. for more information visit law.chicago.edu.

>> john nagy founding member of the american roundtable of philadelphia presents a history of espionage during the revolutionary war. mr. nagy was-- like hidden compartments apollo olefson and dictionary codes and musical notation. the fraunces tavern museum in new york city is the host of this 50 minute event. >> thank you. the american revolution began up in boston after the battles of concorde and lexington. the american army surrounds the british, who are under a virtual siege. the british found out that the british general thomas gage is

in charge. they have no one on staff who really is an expert in ciphers and codes and they have no system actually in place to send coded messages to their operations in canada or even here in new york. american general, george washington, takes command of the troops at cambridge, and again on the american side. there is nobody in charge of cryptology. now, you do have a situation where merchants are not totally ignorant of codes and ciphers. when they deal with their factors, their agents in london, they had a tendency to use a very cryptic cybersystem to tell their agents was priced to sell at and so on, and if their messages were intercepted, their mail, in the 18th century you had no privacy in the mail. you put it in the mail, it was public information and you could pretty much be assured that

somebody was going to read along the way. now, one of the situations is you have dr. benjamin church, who is the surgeon surgeon general of the continental army. he is one of the five leaders of the patriot movement in massachusetts along with john and samuel adams. john hancock, or warren, and dr. church. the only problem is, dr. church is a british spy. he has been on the british payroll since at least 1772. and so, while he is running the american hospitals, he is sending in information to british generals in boston. what you see at the bottom of the screen-- have got to point at the right way. right here.

at actual decoded, handwritten message that is the deciphered the of his that was intercepted. it was good and he was able to send this mail directly into boston. it had to go down to newport, so what he did is he sent his mistress, who was a prostitute in boston, down to newport to one of her former clients to get the message to the british captain of the vessel. she delivers the message to him. he promises to take it on board ship. sees a message that is in ciphers and symbols, so he decides not to do it, takes the document and goes to the governors of rhode island, who then sends them up to american general green, who being a merchant, knows it is in a coded message. the americans put two teams to

decipher the message and they both, using frequency analysis, in other words, which letters appear the most common? you then back it out or go the most common letter in english is the letter e so you would start with figuring out what appears the most times and that is the letter e. then you work down from there. they come up with the exact same translation, both of them and that is the code that they wrote down that he used. now, the difference between a cipher and they code. everybody has a tendency to misuse the terms. a cipher is when a character or letter represents another character or letter. in other words a is equal to one or delta, using a symbol, is equal to the letter k or something several. they code is when a character represents an entire word and usually you are going to need a code look to identify what the

codes are because you are going to be using so many. generally you are not going to be able to keep track of them in your head. one of the things we need to realize is the alphabet in the 18th century is not our alphabet. okay? it is not identical. in 18th century the letters ivan and g are the exact same letter. there is no difference between the two. letters u and v are the same letter, so if i gave you the letters ivan vly, today it would look strange in the 18th century they would automatically adjusted and immediately know that what i meant was july. shorthand writing is another form of codes and ciphers, and the earliest book that i found on shorthand states to 1586. so it was well-known.

what you are looking at his is joseph stansberry's cipher, and it is very simple. it is a is equal to z, b is equal to a. it is a one letter shift. joseph stansberry is the person in philadelphia who received a message from benedict arnold who wrote them into cipher and codes and they were brought across new jersey by two different methods, brought here to new york or could they were given to the reverend jonathan odell who then decoded the messages and then turned them into british headquarters right here at one of broadway. they also use both codes. blackstone's commentaries on the laws of england, and if you notice it says fifth oxford edition. it is very important that the two people sending encoding and

decoding the messages are using the same edition. otherwise you find out you put down the word alone and they are reading it as pallone. so you have got to use the same edition. the first number is usually the page in the second number is the line, and the third number is the word. so, 4598 would mean to go to page 45, go down to line nine, go over to word a and that would be your word which obviously you have got to have the same book. dictionary codes. very popular, used by all sides. a dictionary, the most common one used was ethics in the spelling dictionary. it has to list of words, two columns and you had just about every word that you could possibly want. what they would do is they would put a.over that number to

indicate whether it was the first column or the second column. they had a tendency when it was the first column to just ignore the.mac. they would also do things like add 20 to the page or seven or what have you. so, if i was going to give you the number one the five 11 and i added 20 to the page i am telling you to go to page 139. there is also an instance where they page the book backwards. to try and keep it hidden. what you are looking at is the original letter from benedict arnold, offering west point for 20,000 pounds. it is in code, and the original letter is at the university of michigan at the clements library. this is a big 10 cipher. we would call it like a tic-tac-toe board. they called it a pen.

you would place the letters in each one of the quadrants, and the two sides, the sender and the receiver had to agree which side was going where so as long as you understood the positioning of the letters in the different slots, you are able to transcribe a message. so, if you are looking here you see in the first upper left quadrant of the letters abc. if you drew just the upper left cod weren't-- quadrant they would indicate the letter a. if you drew the quadrant input one.a. would indicate the letter b. the upper left quadrant with two.would be the letter c and so on. now, all sides wound up using this. the americans, the british, the french. there is even it diary that is partially written in a 10 cipher.

now, that is what it would look like when you would actually see it, and if he took the time to translate it, it would give you the word traitor. if you looked at the first letter, it is the lower left quadrant, one.mac so it is the letter t and if you carried it out you would get the word traitor. big 10 cipher is used up through the american civil war. this is the french version. ed also used in x to just make it a little more complicated. the next thing is called the kardon of grail or we would call it a mass where the squiggles would be cut outs on the page. so how you would use this is you would put the mask on the paper,

put your secret message in in the cutout holes, take the mask off and then write the rest of the message around it. now, you are not going to get it right the first time. so it is something that would have to be done a number of times in order to get it correct. they also used mask with a hidden center. we would call it an hourglass mask in the 18th century they call the big dumbbell mask. so you always have to understand the different terminology. here is a letter written with a hidden center. here is the actual hidden message. and what the message says is sir william howe has gone to the chesapeake. it is center-right-- via general

mcclinton up to general. in telling him that howe was not coming up the hudson to help him. he is has gone to attack philadelphia. you can see the hidden center and again the actual letter as it went. at dead drops. a dead drop is where one party deposits a letter or a message in a location, we'd sit there and then another one comes along and picks it up. dead drops were used in trees in albany in paris and in pittsburgh, and in pittsburgh you have simon gertie, who is a british spy. he would come, pick up the message that was left by his brother in a tree outside of pittsburgh. the only problem is simon gertie could not read or write, which is a major handicap if you are a spy. [laughter] he would wind up having to get a friend of his to translate and tell him except we me what the

message was. the only problem was that they friend was an american spy who then went back and told general brodhead all the information that was coming out of fort pitt going up to four detroit. this stuff is real. this is not hollywood. this was the way it really works. in long island they use the box cow pasture. you also have to be careful where you stepped, but you could still do it. austin roe was a tavern keeper in suffolk county. he would travel into new york city to pick up supplies and what have you and he would take the messages back out to eastern long island. he had rented a cow pasture to place his cattle to graze, so he had a legitimate reason to go to the cow pasture to check on his cattle, and while there he would leave the messages and it rocks in the field.

amos woodhall would come and, since he owned the field, had a legitimate reason for being in the field, checking on what was going on it while he was there he would pick up the messages and give them to stella strong. she would then place it in a location down at the beach on long island sound and by the use of bloomers and kerchiefs that she would hang on the line, would indicate to the american people that were coming over to service the dead drop, where they were to go and pick up the messages. in philadelphia we have the story of mom rancor who would sit on the river, doing her crocheting and darning, and then she would be observing the british. she would write her messages and stick them in a ball of yarn which he allowed to roll down the hill and down at the bottom

of the hill it was serviced by two americans, who would come pick up the messages and take them back to washington at valley forge. and did rhode island, they also used a rock down by the water. invisible ink, anything that is mildly acidic will work, whether it be milk, lemon juice, grapefruit juice, and during world war ii they actually use. anything that would weaken the fibers of the paper. what happens is that the fibers, once weekend, when you bring it next to heat, they weakened fibers will darken first. the only thing you have to remember is to take it away from the heat or the whole document goes brown. but anything that will weaken the fibers will work in doing it. i am sure some of you when you were younger tried writing with

milk or lemon juice and you put it next to a lightbulb or what have you, and it does work. they also had any 18th century three different methods, which are identified in the book. that tells you of compound chemical reactions, where you would write with one chemical, and then have to apply a second chemical which then would make the message appear. applying heat to that chemical would have no effect and would not make it visible. what you are looking at is an actual letter written in invisible ink. they are very rare, mainly because when you apply the chemicals do it, the documents become very fragile. reverend jonathan odell mentions the fact that he transcribed all the letters when they got to him because they became very brittle after applying the reagent.

if you look at the page, you can see at the top and drop down to the third line, sir begins again in the second beginning of the letter. you can also see there are two different color of ink's being used. also, on the left side what looks like a water park is actually where the chemical reagent has been applied to the document. hidden compartments. they used all sorts of things to hide messages. up on the new york frontier, up near albany, up in canada, they used hollowed out all its and on the frontier, people would be expecting to go out and shoot their dinner, so you would be carrying a pouch with musket for your rifle or your musket, so it would be inconspicuous. in many cases it was.

there is a situation after the falls of sports montgomery and clinton in new york that the american army is dispersed. a british agent who is carrying one of these hidden musket walls sees a group of soldiers and british lobster back uniforms making breakfast. he comes up and they take him to general clinton and however they take him to american general clinton. there are three general clintons in the american revolution, two on the american side and one on the british. they are actually part of the medic troops who were given regular british army uniforms to wear that work captured at sea. they are known as the red code regiment. win taylor, the spy who is carrying the message, realizes that he has been captured, he swallows the silver bullet.

he has observed. they give him emmerich tube bring up the message. he brings it up and then shuts it back down again. at which time the american general clinton is starting to lose his patience and tells him he will take the charter emmerich again and this time it will stay up or he will retrieve it through surgery at the end of a bayonet. so he brings it up. he is convicted as a spy and hung in kingston, new york. buttons. some of you may have codes where you have a cloth over the button this was a fashion that was popular at the time in the american revolution. your overcoat, the buttons to match the color-- cloth over the button to match the color of the jacket. what happened was children were able to pretty much go in and out of the lines almost at any

time without being harassed whatsoever so they would write messages in shorthand, place it over either a wooden or bone button which then would be covered in a cloth. their son would go through the lines out to the american troops, see his brother who would then take the messages out from underneath the button, write a response and send him back into the city of philadelphia. canteens. there are instances of double bottomed canteens that were used. close, dr. benjamin church mentions mentioned that some of his spies, on their breeches, if you are familiar with what a hoodie is, a sweatshirt that has pulled strings, so you have this leave that the pull string slides in. during the american revolution at that time, in the breaches you would have a pull strings so they would hide the message inside the slot for the drawstring.

knives. one british soldier, when he applied for its british pension, identifying the fact that he was a british spy, turned in his they call oneida to prove the fact that he was working as a spy. and, when the pennsylvania troops mutinied at morristown, british general clinton sent six spies out of new york to try to entice the mutineers to come over to the british side. he offered them everything but the crown of england if they did. but, the message was encased in t. lead. t. in the 18th century came and blocks served like chocolate bars and now today they would be wrapped with aluminum foil. back than they used a lead foil. not very good healthwise but they were not aware of that. pence.

quail pens. most people today carry a pen. back in the 18th century 18th century people carried quills. there exists a set of messages that were rolled up very tiny, slipped inside a quail and carried through the lines. and that is how we know they did that. plant pots. there is a case where a spy comes into new york city, hides his messages inside leather bladders that are hidden under exotic plants that are in plant pots. everything worked fine, it and he goes to the lines. would william smith goes to pick up the messages that this guy's apartment here in new york, he sees all the messages being hung up on lines in the room as the ink is running off the pages. for the longest time i thought this was just a dumb spy, and

tell a find out, and the british also found out he was a double agent. he was a spy working for lafayette. but, by claiming that his documents were destroyed, that was hopefully giving him credence. powder horns. we know they used powder horns. what was found in sandusky ohio with a message inside, apparently dropped by the spy. shoes. there are a number of instances where shoes, false heels were used. there is a case in virginia that we know of. there is also a spy who carried messages from london to paris to benjamin franklin. he used false heels on his boots to carry the message. washington's deception. the one thing i do have to say

about washington. for somebody who never told a lie, he certainly stretched the truth about a lot. up in cambridge when he first takes over the american army, they were down actually nine rounds per man. nine shots, that was it. as far as the gunpowder they actually had in the camp. he notes there was british spies going around the american camp so what he did was, he had a shipment of barrels brought up from providence, rhode island, mark gunpowder. the only problem is, inside the barrels with sand. so the british spies would go back and report that the americans had plenty of gunpowder and they would able to keep the seat siege up for a long time. he also did a thing called truth multiplication at moorestown. after the battles of trenton and princeton, the american army goes up decamp moorestown.

while they are, normally you would put most of your troops, cluster them in houses to try to keep as many together as you could. washington went the exact opposite way. he would put one or two soldiers in the house so that they area that his troops had occupied was much greater than the amount of troops he had. so the spies were reporting back to british headquarters here in new york that washington's army extends over such a great area, so they are reporting back that he is three and four times more soldiers than the actually house. to me one of the best ones occur by general putnam. again after the battles of trenton and princeton. putnam is there with 50 men. you have the british army in new brunswick and the rest of the american army is at moorestown. the bulk of the british army could come down