James M. Redwine

Prejudice

The Best Celebration

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The Church at 9th and Prudom with side balconies. Picture taken by Peg Redwine

The Fourth of July has slowly gained prominence in my pantheon of special commemorations. Once all seasons paled next to Christmas with the memories of the autumnal aromas of oyster dressing and pumpkin pie fading away to electric trains and baseball mitts. Easter was okay because school would soon be out and girls in pink dresses with blue satin sashes would dash about exposing their laughter and crinoline. But the Fourth of July brought ice cold pop, firecrackers and roman candle battles. However, as a commemoration it seemed to mean a great deal to my elders, but for me it just presaged a return to a regimen of school that broke into my summer freedom.

I am not sure when the trappings of the Fourth began the metamorphosis into my imperceptible awareness that America and I had already struggled through numerous radical stages and, alarmingly and expectantly, might face many more as a man and a country. I think the true reasons the Fourth deserves its place at the head of commemorations began to seep into my consciousness the first time my large and gentle father took me with him to collect a Metropolitan Life Insurance Company policy monthly premium from a Colored family who lived across Bird Creek in a two-room clapboard house with a front porch held up by blackjack oak saplings.

We drove across the Bird Creek bridge in our family’s 1954 Ford sedan. On the way we stopped at Henry’s Bar-B-Q to buy what Dad called heaven’s own ribs. Dad was called “Mister Metropolitan” by Henry and Dad made sure I called the old Colored man “Mister” too. The two sections of two ribs and two Grapette pops cost about a dollar. Dad had bad heart trouble and Mom would not let him eat those beloved fatback pork ribs unless he sneaked over to Henry’s. They were worth any old heart attack as far as Dad was concerned.

After we savored that hickory smoked ambrosia, we drove about another quarter mile up the dirt road of Colored town to Dad’s customer’s house. He told me to stay in the car but I was already out and on the porch before he got the words out. A skinny Colored woman wearing a yellow flour-bag gingham dress and a denim wash rag as an apron opened the screen door and said, “Lord’a mercy, Mr. Metropolitan, is it premium time again already?” Her eyes were downcast.

Dad said, “Son, run back to the car and get my debit book. I must have made a mistake”. I hustled to the front seat to get Dad’s account book and returned just in time to see him taking his hand from his hip pocket.

Then he gently said, “Alright, boy, we better get back before your mother figures out where we went”. We left and I realized somehow the premium had been paid. I think that was my earliest understanding of what possibilities America afforded. Our family was about like all white families in our little town yet Mom and Dad knew from their own Great Depression Days that in America there is always hope if we all help one another. I like to think that that Black family paid forward some of the money that came from that life insurance policy to help someone else.

It took several more years of living with a slowly changing society of segregated schools, restaurants and churches, but I finally learned what the Fourth of July truly meant in 1964 when I returned from where I was stationed in the United States Air Force to attend Dad’s funeral. Our church had a large sanctuary surrounded on three sides with a balcony. When I walked into the church with Mom and looked up, the balcony was filled with Black people who stood in respect for Mom and Mr. Metropolitan.

Black people had never been allowed in our church, but the woman I saw that day years before with Dad was there with her family as were numerous other Black people from across Bird Creek. Later my sister told me that Black lady had come by our house and asked Mom if Colored folks could attend Mr. Metropolitan’s funeral. Mom had to get Church Board permission which was granted only after Mom threatened to leave the church. Coloreds would be allowed that one time if they sat in the balcony, but that was a sea change many years in the making.

That day was when I knew America had the capacity to atone for past sins, and that was when the Fourth of July became my favorite holiday.

The Aft Balcony.
Picture taken by Peg Redwine.

 

An Anniversary

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Just over one hundred years ago (June 1921), what historians consider one of the worst incidents of White on Black racial violence occurred in Tulsa, Oklahoma. An entire Black business district and many Black owned residences were destroyed by White vigilantes. Approximately 300 Negro citizens were murdered. The matter was omitted from official historical records until 2001. As a student in Oklahoma public schools from 1950-1961, I never heard of this event. It is now being included in school curricula. I recently was doing research for this column when I referred to a book, The Oklahoma Story, by former Oklahoma University Professor of History Arrell Morgan Gibson (1921-1987). In an informative and interesting book on the history of Oklahoma published in 1978, there is no mention of the 1921 Tulsa Race Massacre even though Professor Gibson does include Oklahoma’s history of segregation and racial prejudice.

For example, the book points out that the first Legislature of Oklahoma formally adopted legal segregation of public schools, public transportation, public toilets, water fountains and other facilities. While I have never forgotten living in a culture steeped in Jim Crow formal and societal expected segregation, Gibson’s book sharpened my memories and caused me to return to my frequently sublimated curiosity about America’s caste systems. One of my most difficult father/son experiences I had was attempting to explain the apartheid of my youth to my son who could not comprehend the incomprehensible. It is difficult to explain what one does not understand. I approached our numerous conversations about Jim Crow by relating my personal experiences with it. Of course, my experiences remained almost as mysterious to me as they were to my young son.

I had no explanation for why White society used its majority power to keep Blacks, what we called Coloreds, at a distance and a disadvantage. Why was the water from a White’s only public fountain better than that from a Colored fountain when they were both connected to the same source only a couple of feet apart? What difference did it make if Colored waste was separated at a commode when the sewers claimed both? And why was it okay for Coloreds to pay White restaurant owners for food to go but it was illegal for Coloreds to sit at the counter? What was so vile about Colored bodies that they could not ride in the White only seats? Most puzzling of all was what was so sinful about Colored Christianity that it could not be expiated along with White sin on Sunday?

Well, Gentle Reader, if you did not live under apartheid, this probably makes no more sense to you than it did to my son, or frankly, to me. On the other hand, I do wonder if we still have far to go as a society when it comes to race, or religion or gender or…. I also wonder if such public spectacles as the Sean Diddy Combs trial would be the titillating social phenomenon it is if the participants were White. Does America still suffer from a 400-year-old need to keep Black culture in a separate category from White?

Have we progressed or have we found ways to assuage our prejudice with bemusement? Even our President appears to fear that any recognition that America has need to make reparations is somehow morally wrong. As for that conversation with my son who now has children of his own, well, his daughter’s best friend is Black. However, the better news is, I do not think either his daughter or her friend knows there is a distinction.

 

Passion vs. Purpose

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In October 2022 Posey County, Indiana finally erected a memorial to the murders of five Black men on the courthouse campus the evening of October 12, 1878 and two more Black men earlier that week. For years numerous persons called for such a monument but it took the hard work and dedication of a Mt. Vernon, Indiana teenager, Sophie Kloppenburg, to get it erected. A one-year commemoration ceremony has been organized by Ms. Kloppenburg for 21 October 2023. The public is invited.

Of the thousands of lynchings that have occurred in America over the years most have been the result of mob violence. A group of men, it was almost always white men fueled by prejudice and often alcohol, would rather spontaneously agree to “exact revenge” or “solve a problem” or some other ill-conceived motivation and proceed to use Judge Lynch instead of asking the legal system to address the situation with due process of law.

However, occasionally some of a community’s citizens would organize and carefully plan the murders and a coverup. That truly frightening situation is what occurred in Posey County, Indiana the autumn of 1878. As reported in the October 17, 1878 edition of the Western Star newspaper by owner and editor John Leffel who was an eyewitness to the events:

“Your reporter and one or two others privileged to enter the jail ran out into the beautiful Court House yard, shaded with heavy locusts. The night was clear, and a bright moon pouring its light down, made the scene ghostlike and impressive.

The crowd, consisting of two or three hundred, fell back across the street. For ten minutes it appeared to be a false alarm. But then was heard the steady tramp of two hundred feet, and a few minutes later fifty men entered the east gate and fifty men entered the north gate. The miserable guilty wretches on the inside began to pray and call on God to save them. But the one hundred men, the best of the county physically and probably in reputation, marched into the yard in files of two. Every man had on a long black mask, falling from forehead to chin, like the inquisition of old. All had changed their coats, some were turned inside out. Not a word was spoken until the leader demanded the keys to the jail.”

After the murders, Posey Circuit Court Judge William F. Parrett, Jr. convened a Grand Jury that returned a verdict that the seven Black men had been murdered by “a person or persons unknown.” Such a denial of justice defied credibility but was given lip service and silence by Posey County’s entire legal system as well as much of the populace.

While the actions of a disorganized mob would have certainly been awful, the well planned and disciplined murders and cover up bring to mind the terrifying evils of governmental power corrupted. When editor Leffel printed that JUDGE LYNCH had held court, the irony remains poignant. To judge in a court of law is everything a lynching is not. It is an oxymoron that the events of October 1878 and judging were juxtaposed.

 However, thanks to the memorial marker that now stands where the locust trees upon which four of the seven murdered Black men were lynched, at least the great injustice is now publicly recognized.

Judicial Proclivities

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Three of the United States Supreme Court’s own members Elena Kagan, Stephen Breyer and Sonia Sotomayor warn us the Court has appointed itself, instead of Congress or the EPA, the decision maker on climate policy. An outcome the three dissenters found frightening. See the dissenting opinion of Kagan as joined by Breyer and Sotomayor in West Virginia v. EPA decided June 30, 2022. What they meant was that the unelected Supreme Court installed the Judicial Branch as the policy maker for an issue, management of the environment, that should be within the Legislative Branch that is subject to democratic control, as the Court is not.

Most of us are unable to see the irony in our own actions. The same is true of the Supreme Court. The six-member majority of the Court couched its decision in terms of preserving policy making in Congress as opposed to unelected bureaucrats at the Environmental Protection Agency. But, according to the Dissent, what the Court did was simply replace the EPA with the Court as the ultimate decision maker on the broad, critical issues of environmental management.

In the similarly ironical decision Dobbs v. Jackson Women’s Health handed down 24 June 2022, the same majority set the U.S. Supreme Court up as the final policy maker on the volatile issue of abortion by deciding Roe v. Wade must be overturned and each state should decide the issue.

The same three dissenting justices warned in Dobbs that:

“The Court reverses course today for one reason and one reason only: because the composition of this Court has changed. Stare decisis, this Court has often said, contributes to the actual and perceived integrity of the judicial process by ensuring that decisions are founded in the law rather than in the proclivities of individuals. Today, the proclivities of individuals rule. The Court departs from its obligation to faithfully and impartially apply the law.”

It is not the substance of either the EPA case or the abortion case that is our concern in today’s column. Those emotional issues of global warming and human reproduction are just too volatile and complicated to be adequately discussed in one short column. Instead, what I am struck by is the obtuseness of nine unelected, life-tenured people who arrogate themselves as final arbiters of issues so vital to the lives of 330 million Americans.  Perhaps the Supreme Court has finally brought in to focus that the justices are merely politicians on a micro scale. What I wish to discuss is how we might retain our three equal branches of government through a macro democratic process.

Does any rational observer of the Court deny the justices are simply politicians who wear black dresses and pretend to be apolitical? The justices are not to blame. If you, Gentle Reader, or I were placed by Presidential nomination and Senate confirmation on the Court, we would take our prejudices and “proclivities” with us. The problem lies not with the members of the Court but with the undemocratic way they are selected coupled with their life-time tenure. It is our Court and our Constitution and we should change both.

We have amended our Constitution 27 times. We should do so again. I suggest that the members of the U.S. Supreme Court and all federal judges be elected in a non-partisan election for one 10-year term. Once their term is honorably served, we should pay them their full salary for life and they should never serve as a judge again. The impeachment process should remain an option in case we make a mistake.

In summary, federal judges are no better or no worse than the rest of us. They are human, they have “proclivities”, they are politicians. We should drop the façade of “philosopher kings” and have our federal judges recognized as a full-fledged branch of our democracy as selected via a democratic process.

Mox Nix

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American soldiers stationed in Germany picked up the German saying “Macht nichts” and anglicized it to Mox Nix. Either way it means, it doesn’t matter, kind of short hand for don’t sweat the small stuff. If you read the Gavel Gamut entitled “Wheat from the Chaff” you might recall the general topic involved the American legal system’s treatment of high-profile cases such as the George Floyd/Derek Chauvin matter. Judge Cahill in that Minnesota jury trial was faced with several issues related to publicity about the case. The judge was asked to change the venue of the jury trial out of Hennepin County, MN; he refused. The judge was asked to sequester the jury; he refused. And he was asked to recuse himself as judge; he refused.

The basis for each of these requests from defendant Chauvin was imputed bias because the judge, jury, victim, defendant and witnesses were from Hennepin County and, there might be prejudice due to personal experiences with the local area and populace, or from the pervasive local media coverage. The defense asserted the judge and jury would perforce decide the case not based on the evidence but without regard to the proven facts, or worse in spite of them.

While I have no position as to the validity of such allegations in the Chauvin case, in general, it strikes me that such fears evince disdain for the character of judges and jurors. Do those who aver a trier of fact would find someone guilty or innocent based on personal bias in the face of admitted evidence proving the opposite really think so little of their fellow citizens? Haven’t we all had to make many difficult choices that often go counter to what we would prefer? Then why would we assume others are made of lesser stuff than we? If we were the judge or jury wouldn’t we swallow hard and decide the case as required by the law and the evidence in spite of what we might wish the facts to be? So why not afford our fellow citizens that same consideration?

Does that mean no case should ever be venued or no judge should ever recuse? Absolutely not and I was neither the judge nor a juror in the Derek Chauvin case so I take no position on whether Judge Cahill erred or whether the jury based its verdicts on improper factors. Those issues are now going to be reviewed by the Minnesota appellate courts which will have the duty and ability to ascertain whether the trial was fairly conducted by the judge and proper verdicts returned by the jury.

Most judges and most jurors most of the time have the ability and character to recognize when their personal feelings and news accounts must be set aside if a just verdict is to be reached. In those circumstances where human frailty overcomes treating others in court the way we would expect and like to be treated, we do have appellate procedure as a safeguard. Most cases are decided in circumstances where extraneous matters could be influential on the outcome. However, America’s legal system and the citizens who are responsible for operating it have the ability to sift the wheat from the chaff and they have the character to know when to say Mox Nix.

Of Motes And Logs

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Last week the National Basketball Association deferred its 2020 playoff games out of respect for the Black Lives Matter movement. The incident that was the catalyst for the Milwaukee Bucks professional team to decide to boycott game five of the playoffs against the Orlando Magic team was the shooting of 20-year-old Jacob Blake, a Black man, on August 23, 2020 during an encounter with the police in Kenosha, Wisconsin. Blake informed the arresting officers he possessed a knife but he did not wield it. Blake’s shooting struck many as part of a continuum that began May 25, 2020 in Minneapolis, Minnesota when 46-year-old George Floyd, an unarmed Black man, died as a result of an encounter with police. In between Floyd and Blake several other incidents of police/Black person violence have made national news. History records numerous such incidents and a great many more have not been recorded but exist in the psyches of both minority and majority populations. Until cell phone cameras became ubiquitous such incidents tended to get lost in the vagaries of competing memories. Today the incidents are often still in dispute but there may be video and audio evidence to analyze in search of the facts as opposed to mere opinions.

In my experience the truth as believed to be proved by whatever evidence may exist tends to depend to a large extent upon the ability of the observers to set their personal prejudices aside and apply a degree of objectivity to the situation in question. Although such matters as the Blake and Floyd cases are qualitatively light years from sporting events, perhaps an analogy may still be apt when it comes to determining the actual facts as opposed to opinions about the perceived facts or, more likely, the projected ones.

When a sports fan endures the indignity of an umpire’s or referee’s close call against the fan’s team, it is the rare fan who congratulates the official for his/her judgment. What may look like interference to the referee may look more like “no harm, no foul” to the fan. Of course, when it comes to issues of race the emotions are much more complicated and visceral and deadly force or resistance may be involved. If in war the first casualty is truth, when it comes to matters of race and ethnicity truth often depends more on the culture of the observers than observation alone. That is why the wise people who founded this country fashioned a government of laws. Without law the scales of justice tend to dip in favor of whoever has the power to put their thumbs on the scales even when they would swear, and probably believe, they are fair to a fault.

About the best we can hope for, even in ourselves, is that we recognize our judgments on matters as fundamental as human rights are often influenced by our particular frailties and that our frailties come from our particular culture. Then we can bring up the logs that are in our own eyes and try to account for them in determining what the evidence truly proves in any particular case. People whose duty it is to make judgments on the behaviors of other people often learn, sometimes the hard way, that their conclusions about what certain evidence proves have been subconsciously affected by personal factors related more to the person doing the judging than the actual behavior of the ones they judge. This phenomenon has been recognized by trial lawyers and judges since we homo sapiens first began to settle our disputes in court instead of with clubs. That is one of the main reasons attorneys prefer to settle cases by compromise as opposed to seeking the full measure the attorneys believe their clients may be entitled to from a decision by a judge or jury after a trial. Over 95% of all court cases settle without a trial. The attorneys know that it is rare for a court decision to be intentionally biased but it is often subconsciously so. And if this is true with trained judges it is good to keep inherent biases in mind with such organizations as political parties and the media.

There are remedies to unjust treatment that has resulted from unrecognized prejudices. However, such things as money damages are usually insufficient compensation, especially if permanent disability or death to either an offender and/or officer occurs. Prevention is a better treatment. And prevention requires that we look deep within ourselves, hopefully well before, but at least at the time of a racially or culturally charged incident. Such introspection should be demanded of all whose job it is to control the behavior of others; police officers and judges come to mind.

But all of us would do well to recognize our potentional to unfairly discriminate based on factors we rarely acknowledge to ourselves. Of course, one of the best remedies for eliminating prejudicial behavior is an atmosphere where all points of view are allowed to be considered and evaluated. That is why Frederick Douglass (1818-1895) stated that the right of free speech is … “the dread of tyrants”. Perhaps Douglass recognized that tyranny can also come from within each of us and that the atmosphere of our current Cancel Culture that is festering hate on college campuses, in the news media, in politics and even among friends may be the place to start addressing systemic prejudices.