James M. Redwine

President Lincoln

Distancing

by Leave a Comment

President Lincoln reportedly used to occasionally sit on the back steps of the White House and talk to old friends who might just drop by. President Truman used to play poker at his Key West, Florida White House with ordinary folks. President Jackson invited the hoi polloi to his inauguration and they came and trashed the White House. There was a time America’s leaders thought of Americans as equals, or at least not as persona non grata. Now there are fences and armed guards at the White House and the only time a president makes personal contact with Americans is to have a photo op. Democracy is now pretty much non-democratic.

Our politicians often ascribe the responsibility for this metamorphosis to need for security, that is, fear of contact with us. I suggest it has more to do with their desire to just pick up their tax payor funded paychecks while being left alone. Kind of like getting COVID-19 checks not to work. Anyway, my experience in working for the public has been that it has not been a concern for my security or anyone else’s that has brought about such distance between public servants and the public. But it comes more from a realization that there simply is very little difference between those who control the government and those who are controlled by it, and the controllers are afraid that will be found out. At least that is true with the judicial branch and the legal system. I invite you, Gentle Reader, to return with me to at least one incident from those “thrilling days of yesteryear” to help me illustrate my concerns about the loss of direct connection to our office holders.

When the State of Indiana used justices of the peace to process most minor legal matters such as driving offenses and small civil claims, the “courts” were often held in the homes or store fronts owned by the justices. One would appear before some non-formally trained person who would dispense justice in a relaxed atmosphere and at little cost. Then we “improved” the system by requiring legally educated and licensed judges and publicly financed court facilities. Everything became more complex, costlier and more distant.

In Posey County, Indiana the County Court that replaced the Justice of the Peace system in 1975 was jammed into a portion of the 1927 Memorial Coliseum Building. The original coliseum was built as a community center. It had a swimming pool, a gymnasium, a stage for shows and a pool table. The new County Court, including the judge’s chamber, took up three small rooms next to where the pool table was. And another feature was the closet in the approximately 20-foot by 30-foot courtroom where the Daughters of the American Revolution ladies kept their regalia to be used in their meetings that also were held in the courtroom.

When I was the Chief Deputy Prosecuting Attorney for Posey County, 1976-1978, I tried six-person jury trials in that courtroom. As we had no separate jury room we would try a case then leave the jury in the courtroom alone to deliberate on their verdict. Everyone in the courtroom could reach out and almost touch everyone else. Of course, there was little pretense of confidentiality. I know it sounds bizarre but it worked okay and no one, including the judge and the attorneys, could arrogate themselves into special status. Please let me tell you about one of my favorite cases from that halcyon time.

I was a little younger then and one of the cases I prosecuted involved a misdemeanor charge against a Billy ______ who was about my age. Billy represented himself in the jury trial. After Billy and I traded accusations and insults during final arguments the judge gave the case to the jury then ordered the courtroom cleared except for the jury. Billy and I stepped out to the adjoining room where both a soft-drink machine and the pool table were located.

As we attempted to ignore one another, Billy turned to me and said, “Hey, Jim, do you play pool?” As I grew up in Pawhuska, Oklahoma at a time when the only thing other than the ball field was the pool hall, of course I played pool.

“Yeah, Billy, I play pool and I can beat you at that too. By the way, I thought you did okay in court, but be prepared for the gavel to fall.” I was much more sure of myself then.

“Jim, do you want to put anything on the pool game?”

“No, Billy, that would be illegal; go ahead and break.” I did not mention that a portion of my tuition at Oklahoma State University came from non-legal lucre.

Well, we played as the jury was busy deciding they didn’t care if I thought Billy was a menace to society; they sided with Billy. Since that trial Billy and I have had several contacts of the legal variety and you may note Billy is still playing pool but now my pool table is in my barn.

In my opinion, America could use a reprise of some of that by-gone legal system where the people who are processed and those who do the processing are not separated by layers of convolution. As Eva Peron might say, ♫ I’ll keep my promise, don’t keep your distance.” ♫

Taking Sides

by Leave a Comment

There was a time when the largest class of immigrants to the United States came from Great Britain. A large number of those erstwhile Englishmen and their descendants fought two wars with their one-time homeland. In spite of the British going so far as to burn down part of Washington D.C. during one of those wars, we still cleave to Great Britain as our closest ally. Neither we nor the British held grudges.

Then about one hundred years after the War of 1812 against our British cousins we joined with them in WWI against Germany. At the end of WWI, even though there were a great many citizens of the United States who traced their lineage to Germany, we signed on to the mean-spirited Treaty of Versailles in an effort to punish the Germans. Of course, as with many such badly intentioned actions, we also ended up punishing ourselves; WWII resulted. But thanks to such charitable American actions as the Marshall Plan, we made great allies out of modern Germany, Italy and some other WWII adversaries at the end of that conflict.

While Reconstruction and the aftermath of the American Civil War could have been handled much better, it also could have been much worse. Thanks to such attitudes as expressed by President Lincoln and others in both the Union and Confederacy, malice was held down and charity was exhibited. Even with hundreds of thousands of deaths and carnage throughout our country we managed to pull together and build what would become a living monument to ideals that had once been only dreams. America needs much more work to become that more perfect union but nowhere else have humans got so near the brass ring and a generous volksgeist has made that possible.

The spirit of openness, generosity and optimism that pervaded much of America after WWII might be helpful today. While such vital interests as equal rights and due process still require much work by all of us, a cooperative attitude and an impulse to be helpful might assuage our current social and political disagreements. What is less likely to be productive is the placement of unnecessary distance between United States citizens and their governments at all levels: federal; state; county; local and areas generally under government regulation such as transportation.

After 9/11 some governments and industries reacted out of fear and concern. Whereas citizens had normally seen their governments as there to serve them, with the restrictions of 9/11, governments appeared to fear those whom they were instituted to serve and who paid their wages. We began to develop a culture where many in and outside of government and the industries regulated by government felt we lived in an “us versus them” environment.

This might have caused just ennui and nostalgia had COVID-19 not arrived. But with the absolute necessity of all-out governmental and societal warfare against COVID-19, the distances between citizens and their governments have become almost complete. We must have some governmental services and we cannot expect people to perform those tasks if we do not provide for their protection. And we are still months away from a return to normality. But we may want to guard against a possible permanent condition of a bifurcated country with the citizens on one side and their governments generally inaccessible on the other.

With that in mind our current imbroglio involving our national government might be placed among these other lessons from our past. What is not called for is more distance between citizens and their elected and appointed representatives. Perhaps instead of a mean-spirited partisanship a mutual sense of charity tempered with common sense might be more in our country’s long-term best interest.

On JPeg Osage Ranch

by Leave a Comment

Henry David Thoreau (1817-1862) sought wisdom in living simply on Walden Pond outside Concord, Massachusetts just twenty-five miles from Boston. Thoreau spent two years there in a hut he built himself. Part of the wisdom he imparted then that speaks to our COVID 19 society now was the observation that government is best that governs least and less can be more in many aspects of life.

Since March 5, 2020 Peg and I have discovered that as long as the computers keep turning out our Social Security checks and Medicare continues to cover us a great deal of government is superfluous, at least for us. We used to dine out regularly and occasionally engage in person with friends and family. If the UPS driver is excluded, we are now as though on an unknown archipelago where armadillos play the role of giant sea turtles, coyotes stand in for killer orca whales, rattlesnakes imitate Komodo dragons and mooing cattle provide cacophonous concerts. We no longer commune in coffee shops and cafes but find ourselves quietly hiking up the rocky tor we call JPeg Peak or around the cloudy pond down from our cabin. Our interaction that once was among friends, family and general society is now almost solely between us. And while I have never considered myself misanthropic, I find solace in the absence of unlimited casual connections. Also, after lifetimes of sowing and sometimes reaping crops of worldly goods we are less compelled to further heed those siren calls. Our satisfaction is now found among non-speaking species and sweat producing projects where the rewards are temporary fatigue and long-term practicality. Netflix is our new opiate along with the rest of the socially distanced masses and George Orwell’s Newspeak dominates public discourse through the TV.

Our government that only a few months ago considered itself so essential to most aspects of our lives that it always took our tax tribute and sometimes rewarded us with services now declares its services suspendible until further notice but still collects the tribute. One might wonder if we could not permanently forego many of these costly bureaucracies whose only purpose may appear as “noisy gongs or clanging cymbals”, (1 Corinthians 13). When our government buildings lock us out for months at a time we may find there is no need to completely reopen them. Perhaps the trillions of treasure our government borrows from countries such as China could be reduced to levels that our grandchildren can afford to repay long after we have matriculated.

Neither Thoreau nor I call for a complete lack of government or society but instead better versions of both. As we gradually and carefully emerge from our individual Waldens perhaps we should take this opportunity to reevaluate what parts of our government and our general culture actually serve us. After all, what some may find to be the bitter medicine of isolation we are forced to take may not have just negative side effects if we properly apply the lessons taught by history.

It is not only our various tiers of governments, local to federal, that have exposed much of their avoirdupois by doing us the favor of shutting us out. Many businesses and other organizations have been forcefully confronted with the reality that much of what they do can be done better with less expense and fewer people or need not be done at all.

As we face the possibility that COVID 19 may give us few choices and all of those bad, perhaps we can salvage some good from our situation. Just as President Lincoln used the horror of the four years of the Civil War as the means to end slavery when he had not been able to persuade America to do so earlier, maybe we can take the harsh punishment of the Coronavirus and emerge with a more productive and more egalitarian society. Some experts estimate it will take up to four years to develop an effective, safe and universally deliverable vaccine. The most hopeful estimate is twelve months from January 2020.

When it comes to treatment we have a shorter estimated timeline but still will have several more months to go. Of course, any treatment has to be deliverable on a wide basis. If we soberly consider the scientific opinions, we probably have to conclude that our most reasonable currently available option is to institute and maintain social distancing for several more months and maybe for up to four years. Of course we can decide that approach is of more harm to us than the virus is. In that event we might concentrate on categorizing different at-risk groups and then apply different procedures to each one.

For example, Peg and I are in our seventies and our children, grandchildren and great grandchild are not. Maybe Peg and I should take the responsibility for our own health and proceed accordingly. If we were at war folks such as Peg and I would be the draftee soldiers and the rest of the country would support us with supplies and care as the non-soldiers, the less vulnerable members of society, carry on with their lives. As a country we have generally accepted that we are at war with this enemy. Perhaps we should address this fight as we would have in World War II. Peg and I have already volunteered by isolating since the beginning of March and believe it is our obligation to continue to do so until it is safe for us not to.

As the generation who benefitted most from the great sacrifices of the World War II generation, the Greatest Generation, we see it as fitting that we take our turn. And, frankly, a Walden Pond, or JPeg Osage Ranch, lifestyle is a lovely respite. We look forward to once again joining the rest of the less vulnerable society when science shows us the way. In the meantime we express our best wishes to those who can more safely join into all those social activities that Peg and I have already enjoyed for many years. That is, if that is their choice and they can safely do so.

With Charity For Some, With Malice For Others

by Leave a Comment

James Mattis is President-Elect Trump’s choice for Secretary of Defense. According to former Secretary of Defense William Cohen, Mattis is a student of history who understands the dangers of Thucydides’ Trap. Thucydides (471 – 400 B.C.) was an Athenian historian who lived through the Peloponnesian War (431 – 404 B.C.), which exhausted both the loser, Athens, and the eventual winner, Sparta. This thirty years of internecine carnage sowed the seeds of Greece’s vulnerability to Roman conquest.

Thucydides observed it was the rise of the upstart Athenians and the fear and resentment of that rise in the more powerful Spartans that led to war. Archidamus, the Spartan king, had cautioned his citizens to not be hurried into conflict out of any sense of offended honor or an attitude of superiority. However, hotter heads prevailed.

The United States is unquestionably the strongest nation on Earth militarily and economically. We may have the power to dictate terms to most other countries. We are the Sparta of our time.

On the other hand, we may wish to learn from history, not repeat it. If Russia attempted to influence our elections, we should address this serious issue with all due diligence. Due diligence is not a euphemism for dueling.

If China builds artificial islands in international waters and declares them China, we need not make a bellicose response. Maybe negotiation from strength might be better.

If the United Nations Security Council passes a unanimous resolution that calls for Israel to follow international law, due diligence does not require that Congress withhold funds from the United Nations unless Israel gets a retraction.

Now that Secretary Clinton and President-Elect Trump have ended their election cycle neither they nor their supporters should precipitate a Pyrrhic Victory for our country by continuing to attempt to delegitimize their opponents or their opponents’ positions by the technique of circular firing squads.

Perhaps it is time to once more look to the wisdom of some of those marvelous ancient Greeks and even our own President Lincoln and not let a misguided sense of offended honor or an overestimation of our own righteousness lead us to another long series of self-destructive attitudes and actions.

{This article relied heavily on an article dated May 6, 2015 by Leon Whyte that drew upon the scholarship of Harvard Professor Graham Allison and appeared in The Diplomat. Click here to go to referenced article ->}