James M. Redwine

United States of America

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

Ageless Wisdom

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When Jeanne and Nathan Maudlin as representatives of New Harmony, Indiana’s Working Men’s Institute that along with the University of Southern Indiana and the New Harmony Kiwanis Club is helping sponsor this year’s New Harmony Fourth of July celebration asked me to speak, my first thought was to research prior speeches. I am a judge after all and precedent is important to me. Jeanne graciously sent me a copy of the excellent book, New Harmony’s Fourth of July Tradition, by Donald Pitzer and Josephine Elliott.

The book includes verbatim Fourth of July speeches given by Robert Owen (1826), William Owen (1827) and Frances (Mad Fanny) Wright (1828). Each talk contains observations and advice that address issues that could have been found on the front pages of today’s newspapers or on T.V. news programs. War and peace, racial problems, women’s rights, religious discrimination and freedom of thought and action are exposited clearly.

Independence as declared on July 04, 1776 and our country’s often slow and incremental progress toward accomplishing the ideals encapsulated in our Constitution are referenced or implied in each address. As Frances Wright explained, the genius of our Founders was they gave us a government that we could change if we needed and wanted. Mad Fanny was called mad in 1828 because she called for freedom from religion, freedom for enslaved Negroes, equality for women and liberty from wars of aggression for the United States of America and all other countries. As not so mad Fanny might observe today, America has made substantial progress toward these ideals through incremental, democratic, constitutional change. Of course, we still have work to do.

In his address on July 04, 1827 William Owen, Robert’s twenty-five year old son, concentrated on the evils of superstition and bloody wars of aggression as egged on by various religions. And William Owen thanked the heroes of July 04, 1776 for fighting for our liberty and freedom of speech:

“Are we prepared to exercise the right, as we enjoy the power, secured to us by the heroes of the revolution, of expressing our thoughts openly and sincerely? Are we willing to run the risks they encountered? Are we ready like them to meet the prejudices of past times, to risk name and reputation in the cause of truth, – in defense of the honest expression of our opinions?”

William both recognized the sacrifices made by our Founders and cautioned of the repercussions should we fail to follow our own Constitution:

“Man had been slowly but gradually freeing himself from that thraldom in which he was so long enslaved, when our ancestors, on that day, the anniversary of which we this morning celebrate, by one bold step recovered that state of liberty and independence, which is the birthright of humanity, and gave a death blow, to the unnatural league between despotism and superstition, by the adoption of a Constitution, which forever precludes, so long as adhered to, the recurrence of such an unhappy connection.”

Robert Owen, whose vision of humanity and equality was the bedrock of the secular commune of New Harmony, 1825-1828 (c), on July 04, 1826 fearlessly stated his view as to the root cause of the world’s evils:

“Religion, or Superstition – for all religions have proved themselves to be Superstitions, – by destroying the judgment, irrationalized all the mental faculties of man, and made him the most abject slave, through the fear of non-entities created solely by his own disordered imagination.”

Owen was a wealthy industrialist who cared about his workers and their families. He put in place many of the better conditions of employment that eventually were adopted by the United States of America, and other countries. Owen fought for women’s equality, freedom from religion and the avoidance of wars of aggression. And along with numerous other idealists such as his own sons, William Maclure of the Working Men’s Institute fame and Frances Wright, Robert Owen established a legacy that all of us in Posey County should treasure.

Gentle Reader, if you wish to help carry on New Harmony’s Fourth of July traditions of celebrating our Independence, the festivities begin the morning of July 04, 2019 at the Atheneum in New Harmony. Peg and I plan to be there and look forward to the reading of the Declaration of Independence by our friend Chuck Minnette as well as a golf cart parade, hot dogs and patriotic music. Hope to see you there. Happy birthday!

The Mote v.s. Log Conundrum

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In one of the greatest political speeches ever made Jesus told the audience on the Mount they were hypocrites who could find the minute faults in others while ignoring their own major failings (Gospel of Matthew, Chapter 5).

Muslims, to whom Jesus is second only to Muhammad as a prophet, and Christians, to whom Jesus is a god, might wish to reread his teachings on human relations. Other peoples might benefit too.

Those of you who have slogged through the most recent Gavel Gamut articles might recall the major topic has been the difficulty of one nation, say North Korea or Iran, understanding the true intent of another nation, say the United States of America, and vice versa. Differing languages often cause what might start as hurt feelings to end with bloodshed.

It is hardly a novel thought that countries, just as individuals, often seek to impose upon others restrictions they refuse to abide by themselves. If we concentrate on comparing and contrasting America and Iran and/or North Korea, outside observers might conclude one country that has thousands of nuclear weapons is threatening to use them to annihilate countries who attempt to even develop one.

Such an investigator might observe that one country strains to dispose of billions of tons of wasted food while it imposes dire economic consequences on countries whose populations are starving.

When it comes to health care one country debates at length the investment in care for its most vulnerable citizens while it spends trillions to rain munitions instead of medicines down upon countries which stubbornly refuse to agree such an approach is altruistic.

If Jesus was correct in his speech (promise?) that “blessed are the peacemakers”, what might we assume the war makers will reap? They probably will not gain acceptance as “sons of god”, more likely as sons of….