James M. Redwine

Indiana

A True Depression

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If a recession is when your neighbors lose their jobs but it is a depression when you lose yours, what is the analogy for our society’s losses due to ’Ole 19? Let me suggest that for Peg it was when she finally submitted herself to asking me to cut her hair. Yep, it’s complete capitulation; 19 can claim total victory. I should be able to show you photographic proof but it turns out that a wife’s hirsute humiliation is in the same category of bad husbanding as failing to separate the whites and colors for the laundry. No pictures of my artistry were allowed. In fact, Peg has found a new use for the flowered bandana she uses as a face mask; it now covers the top of her head too. And my attempts to assure her that within a few months her hair will grow back just seem to exacerbate the situation. Please allow me to digress.

Gentle Reader, you may have noticed it is hot in July and August near the latitude along the Mason-Dixon Line. Well Peg, who was born in upstate New York, had not quite acclimated to the previous weeks of 100-degree temperatures. Her Joan of Arc length hair tended to stick to her forehead and the back of her neck whenever she lugged water to her flowers and her vegetable garden. The martyr-type comparison will make sense by the time you finish the column. I was understanding and sympathetic, but my advice that Mother Nature would eventually provide rain was not received gladly. She stubbornly persisted and even suggested I could get involved if the TV re-runs of old golf matches didn’t interfere. Surely, we need not revisit that painful discussion.

The real problem is not me but ’Ole 19. Peg used to go to the beauty shop to get her hair cut. Or, when we still lived in Indiana, our daughter, Heather, who is a beautician would take care of it. However, now, as we do not wish to contribute to 19’s macabre statistics, we have socially isolated since our last foray out to eat which was March the 5th. We wear masks, we wash our hands, we ignore our friends and family, we shop online, we eat lots of tuna. But we both knew the Corona Virus had achieved complete domination when Peg said last week, “Jim, I just can’t stand this heat and having my hair string down my face and neck. Nobody but you is ever going to see me again anyway (I thought that a little overly dramatic) so you are going to have to cut it. Come watch these YouTube videos and try to pay attention.”

Well, it didn’t look that hard to me. I remember when I got my hair cut in Pawhuska, Oklahoma by Clyde Ensley or Bob Butts or in Mt. Vernon, Indiana by Steve Burris. Heck, it appeared about like cleaning a squirrel or a chicken. Just slice here, snip there, shear off the sides. No problem. After watching for ten minutes or so I was pretty sure I could give Vidal Sassoon a run. “Peg, get a towel and I’ll grab a pair of scissors and the electric clippers you used to use on our dearly departed dog and meet you on the front porch.”

It probably would have turned out better if Peg had not sat as if she were an unfortunate customer of an electric chair and if she hadn’t jumped and squirmed each time the clippers whirred and the scissors snipped. Regardless, in my unbiased opinion I did a fine job. If the bowl I used had fit better it would have helped. I can only guess at Peg’s opinion as she hardly has spoken to me for three days and when she does it is difficult to make out what she is saying amid the shrieks, sobs and expletives as she tries to pull her hair back to its former length.

Hair on the porch floor

A Thousand Words

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I was born in Pawhuska, Osage County, Oklahoma where I spent my first 19 years (1943-1962). Osage County is adjacent to Tulsa and Tulsa County. The Tulsa race riots of 1921 were never mentioned during my 12 years of public education and one year at Oklahoma State University.

I served as a judge in Mt. Vernon, Posey County, Indiana from 1981-2018. Until March 14, 1990 the lynchings of African Americans that took place on the courthouse campus on October 12, 1878 were unknown to me and never brought to my attention.

Upon being made aware of the Posey County murders I began to search for more complete information. A friend of mine, Glenn Curtis, who was born and raised in Posey County advised me he had seen a photograph of the 4 young Black men hanging from locust trees outside the courthouse door. He told me he remembered the elongated necks, swollen tongues and cue ball sized eyes of the hanging bodies. I have searched for a copy of that photograph since 1990.

October 12, 1878 Mt. Vernon, Indiana Courthouse Campus

My friend, Doug McFadden, who was also born and raised in rural Posey County told me that his grandfather told Doug that the day after the lynchings Doug’s grandfather watched as white citizens used the hanging young Black men for target practice. And while there was no photograph taken of the young Black man Daniel Harrison, Jr. who on October 10, 1878 was burned to death in the fire box of a locomotive in Mt. Vernon, another Posey County native friend of mine, Basil Stratton, told me that his grandfather, Walker Bennet, was an eyewitness. Walker told Basil that as a young boy he was present and saw several white men, including Walker’s father, force Harrison into the steam engine. Basil’s grandfather told Basil he never forgot the Black man’s screams and the smell of his burning flesh.

I have long thought that a photograph of the lynchings might be the evidence needed to finally get a memorial to the victims erected on the Posey County Courthouse campus. And yesterday my friends, Liz and Jeff Miller of Posey County, emailed me a copy of just such a photograph. Jeff and Liz received the copy from our mutual friend and historian, Ray Kessler of Mt. Vernon. Ray told me when we spoke by phone last night that he got the photograph from Karen McBride Christensen of Indianapolis who retrieved the picture from Georgia’s Emory University archives. I do not, as yet, know how it came to be there. Because of its graphic nature I have not attached it to this newspaper article. However, it did call me to reprise an article on race relations I first published July 4, 2005. Gentle Reader, as recent events may lead one to conclude the issues discussed in that article remain raw in our national psyche today, I offer it once more for your consideration.

 

 

HAPPY BIRTHDAY TO U.S.!

LET’S HAVE A PARTY AND INVITE EVERYONE!

(Week of July 4, 2005)

The United States Supreme Court has occasionally succumbed to popular opinion then later attempted to atone for it.  The Dred Scott (1857) and Plessy v. Ferguson (1892) cases come to mind as examples of institutionalized injustice with the partial remedy of Brown v. Board of Education (1954) being administered many years later.

In Dred Scott, the U.S. Supreme Court decided that American Negroes had no rights which the law was bound to protect as they were non-persons under the U.S. Constitution.

And in Plessy, the Court held that Mr. Plessy could not legally ride in a “whites only” railroad car.  The Court declared that laws that merely create distinctions but not unequal treatment based on race were constitutional.  SEPARATE BUT EQUAL was born.

Our original U.S. Constitution of 1787 disenfranchised women, and recognized only three-fifths of every Black and Native American person, and even that was only for census purposes.  Our Indiana Constitution of 1852 discouraged Negro migration to our state in spite of Posey County Constitutional Convention Delegate, Robert Dale Owen’s, eloquent pleas for fair treatment for all.

Were these documents penned by evil men?  I think not.  They were the result of that omnipotent god of politics, compromise, which is often good, but sometimes is not.  Should you have read this column recently you may recall that I strongly encourage compromise in court, in appropriate cases.

However, as one who grew up in a state where the compromise of the post Civil War judges and politicians led to the legal segregation of schools, restaurants, and public transportation, I can attest that some compromises simply foist the sins of the deal makers onto future generations.

When I was 6 years old, my 7 year old brother, Philip, and I made our first bus trip to our father’s family in southern Oklahoma.

We lived on the Osage Indian Nation in northeastern Oklahoma.  It sounds exotic but our hometown, Pawhuska, looked a lot like any town in Posey County.

In 1950 our parents did not have to worry about sending their children off with strangers except to admonish us not to bother anyone and to always mind our elders.

When mom and dad took us to the MKT&O (Missouri, Kansas, Texas and Oklahoma) bus station it was hot that July day.  Oklahoma in July is like southern Indiana in July, WITHOUT THE SHADE TREES!

My brother and I were thirsty so we raced to the two porcelain water fountains in the shot gun building that was about 40 feet from north to south and 10 feet from east to west.

Phil slid hard on the linoleum floor and beat me to the nearest fountain.  And while I didn’t like losing the contest, since the other fountain was right next to the first one, I stepped to it.

“Jimmy, wait ‘til your brother is finished.  James Marion! I said wait!”  Dad, of course, said nothing. He didn’t need to; we knew that whatever mom said was the law.

 “Mom, I’m thirsty.  Why can’t I get a drink from this one?”

 “Son, look at that sign.  It says ‘colored’.  Philip, quit just hanging on that fountain; let your brother up there.”

Of course, the next thing I wanted to do was use the restroom so I turned towards the four that were crammed into the space for one:  “White Men”, “White Ladies”, “Colored Men”, and “Colored Women”.

After mom inspected us and slicked down my cowlick again, we got on the bus and I “took off a kiting” to the very back.

I beat Phil, but there was a man already sitting on the only bench seat.  I really wanted to lie down on that seat but the man told me I had to go back up front.  And as he was an adult, I followed his instructions.

Philip said, “You can’t sit back there.  That’s for coloreds.  That’s why that colored man said for you to go up front.”

That was the first time I noticed the man was different.  That was, also, the point where the sadness in his eyes and restrained anger in his voice crept into my awareness.

As a friend of mine sometimes says, “No big difference, no big difference, big difference.”

And if all this seems as though it comes from a country far far away and long long ago, Posey County segregated its Black and White school children for almost 100 years after 600,000 men died in the Civil War.  In fact, some of Mt. Vernon’s schools were not fully integrated until after Brown was decided in 1954.

And, whether we have learned from our history or are simply repeating it may depend upon whom we ask.  Our Arab American, Muslim, Black, Native American, and Hispanic citizens, as well as several other “usual suspects”, may think the past is merely prologue.

Sometimes it helps for me to remember what this 4th of July thing is really about.  It’s our country’s birthday party; maybe we should invite everyone.

There is nothing equal about separate.

The Right To Matter

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From www.270towin.com

It was not the British Parliament’s tax on tea that caused the Boston Tea Party on December 16, 1773; it was the denial of the Colonists’ right to be represented in Parliament.

It is not the sexual part of unwanted sex that matters to the Me Too Movement, we Homo sapiens have spent the last 200 to 300 thousand years engaging in sex; it is the “unwanted” factor that is objectionable.

And when our Founders were barely able to cobble together our Republic it was not the fact that some of the Thirteen Colonies had much greater populations than others or much greater wealth than others that almost caused the United States to be simply thirteen entirely separate entities; it was the fear by both the more populous and less populous colonies that their voices would not sufficiently matter.

There were many reasons why and how our constitutional democracy survived colliding circumstances, desires and egos but two of the most significant compromises were the Proportional Representative construct and the Electoral College.

Large states accepted the compromise that in the Senate each state would have two and only two Senators because their proportional influence was recognized by having the number of Congressional Representatives determined by population. Smaller states accepted this arrangement in like manner because they would have an equal voice in at least one of the two Congressional bodies, the Senate, even though they would have fewer Congresspersons than larger states.

Then there is the imaginative system of the Electoral College. The Electoral College determines who will be the Executive Branch leaders, the President and Vice President, via a method similar to the proportional representative system. And because the President has the authority to nominate all federal judges, whoever has influence over the election of the President has an indirect voice in the makeup of the third branch of our federal government, the Judicial Branch. Therefore, the Electoral College, whose only job is to meet every four years and vote for the Chief Executive and the Vice President, has some influence over two of the three Branches of our government. Of course, the Executive Branch contains the armed forces, the F.B.I., the D.E.A., etc., etc., etc. And these countless agencies assert immense power over all of us. We certainly want our opinions to matter when it comes to all those aspects of our government.

The number of Electors of the Electoral College is determined by totaling the number of Congressional Representatives each state has and each state’s two senators. The number of Congressional Representatives is derived from each state’s population. So, very similar to the general system of representative/proportional government, where all states have two and only two senators but have differing numbers of Congresspersons based on population, the Electoral College is based on every state having some Electors but more populous states having more Electors than less populous states.

Currently there are 538 members of the Electoral College based on 100 Senators and 438 Congressional Representatives. For example, Indiana has 2 Senators and 9 Congresspersons for a total of 11 Electors and Oklahoma has 2 Senators and 5 Congresspersons for a total of 7 Electors. On the other hand, California has 2 Senators and 53 Congresspersons for a total of 55 Electors. Indiana’s sister state of Illinois has 20 Electors, almost twice as many as Indiana, and Oklahoma’s sister state of Texas has 38, over five times as many as Oklahoma. The District of Columbia has no Senators but does have 3 Electors based on the 23rd Amendment to the Constitution. Three is the least number of Electors of any state. The U.S. Territories do not receive any Electors.

Whichever candidate receives 270 Electoral votes, the current majority of Electors, is elected President. Sometimes the candidate who receives the most popular votes does not receive a majority of the Electoral votes. This always reignites a debate to eliminate the Electoral College and go to a pure one person/one vote system. Such was the case in 2016 when the Democrat nominee Hillary Clinton received 3,000,000 more popular votes than the Republican nominee Donald Trump, but Trump received 304 Electoral votes, which was 77 more than Clinton received. Had this outcome been inverted I suggest the pro/anti-Electoral College debate would have also been inverted.

There certainly are legitimate arguments for modifying or even eliminating the Electoral College system even though the College has helped to assuage the constant yin and yang of large states versus small ones. As for me, having spent most of my life, so far, in either Oklahoma or Indiana, I do not wish to rely upon the tender mercies of the few lumbering giant states with huge populations of voters that might deign to turn a deaf ear to my concerns and those of the other residents of the numerous less populous states.

Pugh Or Phew?

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JPeg Osage Ranch

Peg and I recently moved from Posey County in southwestern Indiana to Osage County in northeastern Oklahoma. The acculturalization for me was fairly seamless as I was born in Pawhuska, which is the county seat of The Osage. As for Peg, she was born in Schenectady, New York and has lived north of the Mason-Dixon Line and east of the Mississippi River her whole life. She is what we of the Oklahoma persuasion would generally classify as a “Yankee”. For Peg, the move from the land of corn, soybeans and concrete has been, well, let’s just say more interesting. And our log cabin out on the prairie thirty miles from the nearest Walmart occasionally poses new challenges for her. Oh, we do have a Dollar General about five miles away, but there’s one of those everywhere so that does not assuage Peg’s concerns.

As Peg becomes accustomed to being called “Ma’am” and getting to frequently use her high beam headlights on the uncrowded highways she is often confronted with the ambiance of a life lived among creatures she used to assume lived in zoos or within the confines of the Tallgrass Prairie Nature Preserve or the 3,700 acres of the marvelous Woolaroc Museum with bison and other animals only 7 miles from our cabin. Imagine her reactions when she began to encounter hawks, eagles, deer, wild turkeys, cattle, armadillos, scorpions, coyotes, opossums and raccoons right outside our door. Actually she has habituated quite well to most of Mother Nature’s creatures even when they pushed their way into our personal space. Unfortunately, our most recent visitors have been a family of skunks. That’s right. What the French zoologist Charles Lucien Bonaparte (1803-1857) classified as Mephitidae, which means stink.

When Pepé Le Pew was cavorting on the cartoon movie screen in search of love while spouting off in a French accent, the skunk came across as cute and lovable. However, when our own skunk family took up residence under our cabin and spent their nights defending their territory by spraying copious volumes of malodorous ink at the opossums challenging for the same space, Peg called for Terminix. The nearest office was in Tulsa fifty miles away.

Now we have live traps baited with some kind of cat food and cement poured into every cranny around the base of our cabin. Each night the skunks find a new way to burrow, chew or claw their way back under our home.  Gentle Reader, please imagine city girl Peg’s reaction to the wafting of odiferous waves of stench up through the floor and into her rugs and clothing. That’s right. It ain’t pleasant.

On the positive side we probably do not need to worry about any visitors wanting to stay even the traditional 3-day limit. As for Peg, she now understands why I bought a shotgun when we decided to move west.

The Armadillos Cometh

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Last week Peg and I drove down I-44 from the eastern edge of Missouri to the eastern edge of Oklahoma. We observed the remains of a few deer, several opossums, one or two raccoons and over one hundred dead armadillos on the roadside. The normal final position of an armadillo was on its scaled back with its clawed paws stuck straight up. Occasionally a beer can would be nestled among the claws. Frequently the carcasses were totally flat. This phenomenon occurred so often it became obvious people went out of their way to squash the critters. Such a violent reaction to the mere existence of the armadillos becomes understandable if one should have to deal with the creatures on a daily basis.

Gentle Reader, you probably grew up as I did encountering an armadillo only when you wandered through northern Mexico or, perhaps, southern Arizona, New Mexico, Texas or California. I recall being amused by the resemblance to something akin to a roly-poly dinosaur. And the sightings were so rare I was excited to come across one of the adorable little oddities of nature.

It was not until the beginning of the 21st century that I began to notice the evermore prevalent incursions of armadillos as they have migrated north, east and west. Peg, who was born in New York and reared in Indiana by way of Massachusetts, used to be amazed at the “little armored ones” as named by Spanish speaking peoples in South America. In fact, as we arrived last week to our cabin in North-East Oklahoma we almost ran over an armadillo waddling along the lane to our door.

“Oh, Jim, look, we have our very own armadillo!” I kept my thoughts to myself but they involved a shotgun.

The day after we arrived Peg was all excited to go to Lowe’s and purchase about $300.00 worth of plants such as herbs, vegetables and flowers. She worked all of one day planting, watering and protecting them from rabbits and deer with special fencing. Actually, Peg instructed me in this regard. Regardless, when we checked on the plants the next day every one had been clawed up by a “cute” armadillo looking for grubs, ants and worms.

Peg’s response was about like one might expect when asking Speaker of the House Nancy Pelosi how much she planned to contribute to President Donald Trump’s 2020 re-election campaign. As this article will appear in several family-oriented newspapers I shall not quote Peg’s actual words other than the part where she asked, “Where’s your shotgun?”

Hoosiers and Slave Auctions

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Gentle Reader, you will, of course, remember the Gavel Gamut column of December 05, 2005 where one of Posey County, Indiana’s most infamous brawlers was mentioned. One Tom Miller was fond of drink and when drinking was fond of fighting. In the years just before the Civil War old Tom would get liquored up and lick whoever had the misfortune to run into him on the streets of Mt. Vernon, Indiana. As described by John Leffel in the Western Star newspaper Miller would, “Pace the streets of Mt. Vernon with his coat off, sleeves rolled up, his shaggy breast exposed and his suspenders about his waist.” According to the editor, Tom always bellowed the same challenge, “I’m a mean man, a bad man and I orter to be whipped, I know, but whar’s the man to do it?”

Tom Miller was only one small part of our Posey County and new state of Indiana’s reputation for tumultuous living. The sobriquet, “Hoop Pool Township”, was fairly earned by Posey County brawlers who drove visiting boatmen away. And as for frontier justice in Indiana, some experts assert our Hoosier nickname came about from the proclivity of Indiana rowdies to bite off ears and spit them out onto barroom floors.

I am indebted to columnist Erik Deckers who set forth this theory of the origin of the word “Hoosier” in his article contained in the publication Here and Wow, Indianapolis! Vol.1, No. 1, 2018. At page 22 Deckers attributed this possibility to Indiana’s poet laureate James Whitcomb Riley (1849-1916) of When the Frost is on the Pumpkin fame who claimed that early Indiana folks would frequently gouge out eyes or bite off body parts which would litter a barroom floor and when the next day someone would kick the removed piece of fleck they’d ask, “Whose ear?”

If I had not dealt with so many cases in court where the behavior of the combatants resembled such activity I might look askance on such a theory. However, I can see some merit to Riley’s analysis.

Well, onto another topic as discussed in last week’s column. You do remember last week’s column, right? Okay, it involved military service and concentrated on my Great Great Grandfather, John Giggy who was a stone mason and farmer from La Grange, Indiana who fought all four years (1861-1865) in Company H of the famed Iron 44thIndiana Volunteer Infantry.

Before being wounded at both Shiloh and Chickamauga and before he saw his first shot fired he and his outfit witnessed a sad spectacle in Henderson, Kentucky that helped them understand one of the main reasons they went to war. Kentucky did not secede, but it did have legal slavery until 1865. In fact, one reason Tom Lincoln, Abraham’s father, moved his family from Kentucky to Indiana was to avoid competing for work with slave labor. Slavery was part of the legal and social culture of Kentucky. The young Hoosier farm boys from northern Indiana who were used to doing their own labor had not had direct knowledge of The Peculiar Institution until they personally observed a slave auction in 1861 just across the Ohio River as they were making their way south:

“It was a strange pitiful sight that of women and little children standing upon the action block to be sold as human chattles. They came wringing their hands and with tears and sobs, lamenting their cruel fate. The soldiers stood near filled with pity and indignation but restrained by law and discipline. Slavery existed at this point in its mildest form. Here were a dozen or more large tobacco factories. The blacks were required as a daily task to strip 400 pounds under penalty of the rod. Children of ten years were given this task. Work hours extended from 4 a.m. to 8 p.m. In each room was an overseer whose presence was a threat. Some negroes were well dressed, others ragged. Attendance at church was allowed and many were Christians. They regarded the coming of the soldiers as the precursor of their liberty.”

As to the name Hoosier, Posey County’s most famous citizen, Major General Alvin P. Hovey, while in command at Shiloh came across a Union sentry on a dark night who asked for the password. Hovey was just getting his men to that position and had no idea what password was being used. When the sentry asked, “Who goes there?”, Hovey improvised what he hoped would be an acceptable password and responded, “Hoosiers”. The sentry said, “Welcome Hoosiers.” Apparently, we Hoosiers have been welcomed as such for a long time.