James M. Redwine

America

Tribal Court

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Chief Joseph

After forty years of serving as a judge in the white man’s courts I was recently honored to be asked to serve as a Special Judge by appointment of the Court of Appeals of the Stockbridge-Munsee Community of the Mohican Nation. The appointment of an outside judge was necessary because the case involves questions of tribal membership and the regularly sitting Native American judges for the Tribe had conflicts of interest due to the judges’ personal connections to the issues.

As I had no experience with Native American law, I had to first familiarize myself with the particular Tribe’s particular Constitution, procedural rules and statutes that applied to my assigned case. What I found was the bedrock issues for the Indian judicial system are remarkedly similar to the legal system I learned in law school and sat as a judge in. When I looked closely at tribal law, I came to the same conclusion attorney Abraham Lincoln did. Lincoln said the primary purpose of all courts and lawyers should be to:

“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker, the lawyer (judge) has a superior opportunity of being a good person.”

If one reads some newspaper editors or listens to cable news anchors, he or she might conclude compromise is anathema to the American body politic’s well-being. Conflict and strife with unyielding single mindedness are the watchwords for national media and federal, and many state, office holders. This way of addressing our personal and national problems seems rather discordant when a majority of Americans apparently believe their preferred law giver said:

“Blessed are the peacemakers, for they will be called the children of God.”
Matthew 5:9

It is ironic that those, many of whom champion Jesus the ultimate practitioner of compromise, so often call for obstinance and conflict. I guess the concept of situational ethics passes them by.

What I discovered in researching tribal law was what legal scholars have known since the days of Socrates: all courts are here to resolve controversies. That is their only charter, not to provide fodder for the gossip mill or entertainment for the afternoon or late-night talk show crowd. Judges, whether in the white man’s legal system or the Indian’s, have one main mission, that is to help people help themselves, if they can, to make peace.

I grew up on an Indian reservation but my experience with the kids I played ball with, fought with and dated was they were just like me. Therefore, I was not surprised Native American courts had the same mission as the one I presided over in the white man’s world. On the other hand, it is comforting to think should I for some reason get caught up in a tribal legal system it will be about the same as the social system I have always known. And I am glad America is finally getting around to recognizing what should have always been the case.

The tribal law I researched reminded me of laws enacted from the times of ancient Rome, ancient Greece and English and French legal philosophers, such as John Locke and Voltaire and American Founding Fathers, such as Thomas Jefferson and James Madison.

Another great philosophical legal leader was Chief Joseph of the Nez Perce (1840-1904). Chief Joseph engaged in peaceful resistance until he was forced to surrender which he did based on certain representations from the white man’s government. Those representations were not honored. However, Chief Joseph upheld his end of the peace agreement and he was greatly admired as a peacemaker.

Chief Joseph’s legal philosophy is remarkedly similar to that of our earlier mentioned judge: Jesus said, “do unto others as you would have them do unto you.”  Chief Joseph said:

“If the white man wants to live in peace with the Indian, he can live in peace. Treat all men alike. Give them the same law.”

As a tribal judge, even if only for one case, I feel quite at home with this court mission statement from Chief Joseph.

Motherhood and Apple Pie

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I am for both of these institutions and I bet so are most voters. So the slight of hand our politician’s must pull off is to make us think we are getting Mom’s apple pie for our tax monies when, in fact, we may be getting Jezebel’s cow pie.  

Take the Patriot Act for instance. The full name the naming gnomes came up with for this abomination is: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot) Act of 2001.” An example of the Act’s true purpose is the secret FISA courts it created. FISA courts are Foreign Intelligence Surveillance Courts where the term “court” is turned on its head. Secret proceedings are the stuff of Franz Kafka’s The Trial, not places where due process and the protection of rights and liberty occur. Nothing could be less patriotic than The Patriot Act.

Much as we have ignored and subverted our core principles of innocent until and unless proven guilty in Guantanamo Bay “Detention” Camp, our legal and political system has incrementally used words to obfuscate and mislead. A detention center is where bad behaving children are disciplined. Guantanamo is America’s shameful gulag where we give the lie to our core values every day it remains open.

George Orwell was an English writer but his prescient works, Animal Farm and 1984, could be sounding the alarm for our government’s attempts to have us believe politicians pet projects are infrastructure and military incursions are peace missions. It is difficult to get voters to re-elect a politician if they know the person they are paying about $200,000 per year is spending trillions of dollars of taxpayer funds on pet projects and claiming they are infrastructure. Maybe what the politician wants to fund is a good idea but lying to the American public to get it funded is not.

Perhaps if we would rename broccoli, ice cream, we could save broccoli farmers from bankruptcy. Or maybe we could champion those wonderful brussel sprouts as COVID-19 cures. I am confident there would be some late-night charlatan somewhere on the internet or cable t.v. who would run such an idea as a Biblical alternative to vaccines.

As Congress castigates Mark Zuckerberg and wrings its hands at his subliminal manipulation of our youth, perhaps it could turn its spotlight on itself and start policing its own Newspeak. The politicians’ callous indifference to the citizenry’s confusion over science and religion or peace and war or progress over stagnation is in need of a good analysis by a contemporary Will Rogers or Mark Twain or George Orwell or Joseph (Catch 22) Heller.

Anyway, I cannot devote any more time to such pursuits as it is the middle of football season. So, for now, I must concentrate upon what is truly important, at least to me, and I will blithely rely upon the goodwill of the politicians to address the rest in terms that lull me back to indifference.

Positive or Negative

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Equal Justice Initiative National Memorial Montgomery, Alabama

 

There is no memorial on the Posey County, Indiana courthouse lawn to the seven Negroes murdered by a white mob on October 12, 1878. There is a modest stele naming those soldiers with Posey County connections who served in   the Revolutionary War and an impressive statue honoring all who served in the Civil War. There are bronze plaques on the lobby walls of the Posey County Coliseum commemorating many of those who served. The Coliseum houses one of Posey County’s two courts and the other court is located in the courthouse.

Because I was the elected Posey Circuit Court Judge and because our son, James David Redwine, was a West Point graduate who would later earn a Bronze Star for Service on the front lines of both the Gulf War 1990-1991 and the Iraq War of 2003-2011 I was asked to speak at both the War Memorial Re-Dedication on Sunday, October 21, 1990 and Re-Dedication of the Soldiers and Sailors Monument on July 23, 2008. I was honored to do so and wrote the following poems for the occasions. The poems appeared in several newspapers after each commemoration:

 

WAR MEMORIAL RE-DEDICATION
(Sunday, October 21, 1990)

SUNDAY MORNING CHIMES

How dear it is to be alive:
To hear the peal of morning chimes;
To feel the invigorating sting of this autumn day;
To taste the rich and biting air;
To smell the acrid smoke of burning leaves;
To see the glory of Nature’s third act.

How satisfying to still be a player:
To know a child’s trust;
A family’s support;
A friend’s companionship; or
A lover’s caress.

How thrilling it is to learn,
To plan,
To strive
To serve,
To live!

These wondrous things:  These sensations;
These desires;
These dreams;
These visions.  This life,
Is what these heroes have sacrificed for us.

RE-DEDICATION OF THE SOLDIERS AND SAILORS MONUMENT
(Wednesday, July 23, 2008)

WELL DONE!

At Lexington and Concord, the young blood began to flow.
At the Battle of New Orleans, muskets killed our cousins and our foes.

At the Alamo and Buena Vista, we stood to the last man.
At Shiloh, Chickamauga and Gettysburg, brothers’ blood soaked the sand.

At San Juan Hill and when the Maine went down, our soldiers never flinched.
At Verdun and by the Marne, a million men died in the trench.

At D-Day and the Battle of the Bulge, after Hiroshima’s mushroom clouds,
At Incheon Landing the forgotten war brought many more funeral shrouds.

At Khe Sanh and during Tet, we held our own and more.
At the Battle of Medina Ridge, our Gulf War warriors upheld the Corps.

At Sinjar, Mosul, and places with strange names,
Our Iraqi War veterans now earn their fame.

In uniforms, our citizens have served well everyone.
Today, we here proclaim to them our solemn praise:  Well done!

 

It is fitting and proper that we honor those who serve and that we are permanently reminded of the horrors of war. Society needs to be constantly on guard and eternally grateful. Of course, the reasons that call for memorials about wars are much the same as why we need memorials to our collective evil done to some citizens by other citizens.

Since I first discovered, by accident, in 1990 the legal system’s long covered up murders of Daniel Harrison, Sr., Daniel Harrison, Jr., John Harrison, James Good, Ed Warner, William Chambers and Jeff Hopkins by, as the Mt. Vernon, Indiana Western Star Newspaper said on October 17, 1878, “two to three hundred of the county’s best white citizens” right on the Posey County, Indiana courthouse campus, I have called for accountability and a memorial to the victims. Society owes this atonement to the victims and we as a society need it for ourselves.

What the sign says. Pictures by Peg Redwine

How’s It Happen?

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This morning at 5:00 a.m. I woke up thirsty and went to the kitchen for a drink of water. While my eyes were beginning to engage, I reached into the cabinet for a glass. Then I managed to locate the faucet and turned it on. Clear, potable water came rushing out. I did not need to walk to the pond or draw a bucket from a well. It suddenly occurred to me that somehow from somewhere someone had done me a great service. And they did not even know me.

It was Thursday so I knew I needed to get our trash out. I collected the week’s refuse of leftovers and packaging and took it to our gate by the road. Later that day as I went to the post office, I noticed the trash was gone. My mail box contained greetings from two health care solicitors, we must now be in a demographics database. But it also contained cards from our kids and some important information from the V.A. Someone who did not know us cared enough to send it.

To get to the post office I drove on paved roads with proper markings and directions such as traffic control. Somebody must have sweated in the heat and shivered in the cold to help me get to the post office. And, of course, somebody at the post office who was neither friend nor family got our mail to us.

There were street lights helping to guide my way and a police officer watching out as he sat in his patrol car near the café. He may have been enjoying a cup of free coffee but he deserved it. He was there for us and he did not know us.

Who are all these people who provide water and garbage collection and sewer and street and energy and safety and health care? Why do they do it, especially all those town and city and county politicians who serve on boards and in offices that keep the lights on and the streets both navigable and safe? Many of them serve without pay or any financial benefits. Why do they give of their time and labor to serve the rest of us?

When I see news footage from other countries where people are without power or safety for themselves and their families, I not only feel for them I realize how good we have it. It even will sometimes slow down my complaining about all the services I receive from people who do not know me and have no reason to want to. Every now and then, through the dark glass of pessimism, a small light works its way into my psyche and I remember how lucky I am.

So, thank you to all of you who helped me slake my thirst. I will try to complain less and enjoy more. That should last a day or two if I do not watch cable news.

Do Not Cross the Potomac River

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At the Rubicon

In 49 BC the Senate in the Republic of Rome ordered Gaius Julius Caesar to not bring his army across the Rubicon River into the city of Rome. Caesar said, “Let the die be cast”; that is, I’ll take my chances. He did, Rome as a Republic collapsed into civil war and instead of a representative government the Roman people got a dictator. Five years later, on the Ides of March, Caesar was deposed by force.

The people who founded the United States of America came from a tradition of great fear of military power over civilians. In fact, in our Declaration of Independence one of the main complaints against King George III was that, “He has affected to render the military independent of and superior to the civil power.”

This great fear of military control over the civilian populace of America was guarded against in our Constitution. Article I, section 8 endows Congress with the power and authority to declare war, and to raise armies and militias to suppress insurrections. Article II, section 2 establishes that the democratically elected President shall be in control of the armed forces as the Commander-in-Chief.

In his exhaustive and exhausting treatise, The Framer’s Coup, The Making of the United States Constitution, Professor Michael J. Klarman points out the vital importance to our Founders that “[I]n all cases, the military should be under strict subordination to, and governed by, the civil power.” See p. 330.

We Americans profess pride in and support of our military as long as we are assured our military remembers its place. That system has worked pretty well and we are likely to maintain it in spite of political pressure being brought upon the generals to undermine their Commander-in-Chief. As I recall from my service days, I did not always recognize as wise what my military superiors thought was wisdom. Joseph Heller in his prescient novel, Catch-22, had a pretty firm grip on the banality of much of the military. On the hand, our politicians sometimes also fall a little short of a full deck. Still, at least we have the opportunity to have some say in who our civilian leaders will be and we can fire them.

Therefore, for me, I’ll chose to bob and weave with the occasional civilian loser versus a palace military coup. Back off oh ’ye purveyors of a Banana Republic. As Scarlett O’Hara said, “Tomorrow’s another day” and as Annie said, “Tomorrow is only a day away.” I can wait. Elections, yes, coups, no.

Another look at the Rubicon

On Her Own

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Our son, Jim on right, along with Canadian Platoon Leader & local Afghanis, 04/2002

Abraham Lincoln said he chose to not be a master because he would not choose to be a slave. Life is better if we get to make the choices for ourselves. We may choose unwisely but we would rather be wrong than be told what we can do. Independence of thought is usually within our control but independence of actions, for some, may depend on the largesse of others. Should we lose our independence when we have lived free for years it would be difficult to adjust. Afghanistan comes to mind. Afghanistan? Hey, folks, these columns do not need to be logical, they only need to be in writing. But it is not only the independence of women in Afghanistan that is my current concern but the independence of my older sister in Missouri.

Jane is currently in a hospital bed waiting the results of an MRI (Magnetic Resonance Imaging) test after her most recent fall. When we talked by phone this morning she spoke those dreaded words each of us may someday face, “This may be the end of my independent living.” Janie’s husband of more than fifty years passed away in 2012. She led a full life of public service before Bruce left her and has continued on her own until now. Janie has always been the go-to person for others to get things done. I fear an adjustment may now be required.

Janie grew up with three brothers. While our parents both worked outside our home, Janie used her good sense to keep our oldest brother on task and her two younger brothers from mayhem. Unfortunately, she moved out when she got married and left us to fend for ourselves. Now it may turn out she can no longer render assistance to others and may need help herself. I question whether such a paradigm shift will be a positive development. On the other hand, Janie has always done for herself as she did for others, or in her brothers’ cases, to others, so she may very well be back in charge of her life soon.

But let’s return to Afghanistan. When our soldier son spent a short portion of his Iraq war-time service in Afghanistan he became convinced the Afghan people held several loyalties higher than that to the country of Afghanistan. Jim concluded the Afghan men he met, he had no contact with women, were loyal first to their families, next to their particular tribe of which there are many, then to their religion and finally to what Americans call the nation of Afghanistan.

America has done for nation building in Afghanistan about what we did from 1492 until modern times “for” Native Americans. We must be slow learners. On the other hand, the Crusaders also sought to impose their religion on the Middle East. We may see ourselves in the faces of the male Taliban “infidels”.

I was raised by an independent mother and an independent sister. My wife, Peg, fits right in with them. When cable news shows Afghan females being returned to the times before our American invasion, I cannot but think of how I would feel if in their place. President Lincoln said it and I believe it. Of course, I also believe others should have the right to practice or not practice religion as they choose. So, I suppose I will continue to resent the TV images as I hope for Janie to be able to continue her independence and for Afghan females to find the same rights.