James M. Redwine

World War II

Legally Thinking

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Mount Rushmore

 

My brother, Philip Redwine, that is Philip spelled with the Biblical one “l”, graduated from the Oklahoma University Law School while I was an undergraduate at Indiana University. When I asked him what he had been taught he told me the entire process boiled down to “learning to think like a lawyer”. When I excitedly quizzed him about that arcane and mysterious subject he replied the whole three years of law school could be summarized by the following story:

“A client asked his attorney for advice as to whether he should file for a divorce. The client told the attorney that each time he tried to climb the stairs to the second floor of the couple’s home his wife would kick him back down. The man said to the attorney, ‘Doesn’t that show she doesn’t love me anymore?’ The attorney reflected on the situation and thoughtfully responded, ‘Either that or she just doesn’t want you upstairs.’”

So, to think like a lawyer means to objectively consider a situation from all sides and apply any relevant analogies to it. After three years of my own legal education at Indiana University, then ten years practicing law and forty years of being a judge, my conclusion is my brother was right and that lawyer-type analysis requires imagination and objective open-mindedness. I respectfully suggest we may want to try this approach to our COVID-19 impacted situation as some of our greatest legally trained presidents might have done. Yes, we must act now but we should do so with wisdom, courage and imagination.

Vision and objectivity have certainly been displayed by several of our greatest non-legally trained presidents. George Washington and Theodore Roosevelt readily come to mind. However, I would like to discuss with you a few of our legally thinking leaders who helped guide us through tough times by having the ability to seize opportunity from crisis by winnowing the wheat from the chaff.

Thomas Jefferson saw the Louisiana Purchase of 1803 and the Lewis and Clark Expedition of 1803-1806 as a means of expanding the United States from the Atlantic to the Pacific and discovering the untold resources of our country. Jefferson did this at a time when most Americans still feared, or too much admired, Great Britain. And he had to maneuver the funding through a skeptical Congress.

The Golden Spike

Abraham Lincoln was faced with the possibility of California seceding from the Union and with slavery remaining as a state option even if the South were defeated. He boldly issued the Emancipation Proclamation in 1863 and that same year signed the bill funding the Intercontinental Railroad. Lincoln did not live to see the golden spike driven at Promontory, Utah on May 10, 1869, but his use of grants of public lands and issuance of bonds helped preserve the Union he so admired.

Franklin Roosevelt saw the need for a great infusion of public funds for the education and re-employment of our out-of-work Americans during the Great Depression. Thanks to his vision America was much better prepared to respond to Japan and Germany in World War II.

John Kennedy started us on the elliptical route to the moon as financed with public monies. The vast number of jobs, products and conveniences the Space Program brought are still being enjoyed by our citizens.

I do not cite these heroes’ legal training as required for a novel approach to the Novel Virus. Millions of Americans can see that borrowing trillions of dollars to help people for a short time merely delays the pain. A cure requires applying our resources with a long view. We can invest in ourselves for the future while helping those in need now.

Germany’s Autobahn

One need not be a lawyer to see an issue such as COVID-19 from all sides and apply similar solutions as were used in similar prior crises. President Eisenhower was a West Point trained soldier who planned the greatest military invasion in history and could envision the benefits from a German Autobahn-type interstate highway system for America. And my friend, Warren Batts, is not an attorney but a rock ’n roll musician who suggests we could build a national high speed railway passenger system utilizing the middle portion of our already existing interstate rights-of-way between the separated lanes of traffic.

What we need, from our lawyers and non-lawyers combined, is the vision to prepare for our new society as it will surely be transformed by the Corona Virus. We will be changed but we can transform not regress. New skills can be taught using public funds as we did with the Lewis and Clarke Expedition, the Transcontinental Railroad, the Civilian Conservation Corps and the Space Program.

I realize these are not new ideas. That is my legally thinking point. You, Gentle Reader, will surely have several similar suggestions of your own, which I encourage you to share.

The First Casualty

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When our son, Jim, served in the Gulf War in 1990-91 and the Iraq War in 2006-07 and briefly in the Afghanistan War in 2007 he observed one of war’s most vital premises: our country should never fall behind the curve of military superiority. America was fortunate to recover from Pearl Harbor in time to help the Allies survive World War II. In the age of nuclear and cyber warfare we might not be able to survive World War III with outdated technology. The United States must remain vigilant. Vigilance does not call for aggression. In fact, our Constitution demands defense, not offense. However, we have been in an offensive mode militarily since we unwisely intervened in Viet Nam after France was driven out in 1954 after the Battle of Dien Bien Phu. Beginning in 1956 America saw fit to emulate the errors of the French and we have been intervening militarily in numerous countries ever since.

One thing we Americans thought we had learned from the discovery that our government had misled us into the Viet Nam War was the old truism that in war the first casualty is truth. This adage is often attributed to Aeschylus (525-456 BCE) but it probably has been noted by many observers of peoples drawn into wars by their leaders. By the way, those leaders have almost always not been the ones to do the fighting.

Such examples as King David sending Uriah to die in battle to hide David’s seduction of Uriah’s wife, Bathsheba, Second Samuel, chapter 11, or perhaps President George W. Bush’s false claim that Iraq had weapons of mass destruction or now our government’s claims about our war in Afghanistan may illustrate this ancient principle.

Just this month Special Inspector General for Afghanistan Reconstruction John Sopko testified before the House of Representatives Foreign Affairs Committee that America’s war in Afghanistan, our longest war ever, was conducted on a basis of lies to get and maintain Congressional political and funding support. The Washington Post newspaper published reports that Douglas Lute, former White House Afghan War official under both President George W. Bush and President Barack Obama, had testified America invaded Afghanistan in 2001 without a fundamental understanding of Afghanistan or what America planned to accomplish there.

Of course, Americans are no longer surprised that our government misleads us into wars. Unfortunately we have become inured to it. That is the danger. It is as frightening as the old story of the boy who cried wolf. If our government continues to mislead us into unnecessary wars, will we citizens respond appropriately when, and it could happen some day, we are asked to sacrifice our lives and treasure for a just cause such as our country’s survival?

History Reported – Not Repeated

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Posey County, Indiana

I would like to return to those thrilling days of yesteryear, you know, when you could turn on the television and not hear overpaid jerks shouting at one another,“You are lying!” Unfortunately, unless I watch re-runs of “I Love Lucy”, invective is the only fare available. As Anne Murray sings, 🎵”We sure could use a little good news today”🎵. Well, here is some.

My friends Glenn Curtis, Ray Kessler, Jerry King and Harold Morgan, Gentle Reader you might note a particular demographic here, all write a lot of good news. Glenn, Posey County’s Historian Emeritus, even drafts entertaining cartoons about current events and historical ones.

Harold Morgan has written several books on area history with a concentration on World War II. Ray Kessler in his Ray’s Ramblings has preserved many entertaining and enlightening stories while Jerry King, with his wife Marsha’s support, has taught us all a great deal about Posey County and the Civil War with a current emphasis on The Great War.

Posey County is a unique place. I wish we had more information on the Native Americans who first lived here, but from McFadden’s Bluff to 2018 we have some pretty good records, although much of our early information is via oral tradition.

On the other hand, we have several excellent professional historians, such as U.S.I.’s Emeritus Professor of History Donald Pitzer, who have researched and corroborated the deeds and words of Posey County residents who have made significant contributions in many areas.

Of course, tomorrow’s history is today’s news and we need new generations of historians to help preserve it. Chad Williams, the official Poseyville Historian who graduated from North Posey High School in 1988, is one who has joined in the responsibility of documenting our past and present. There are numerous others and I apologize to those who deserve to be mentioned but due to time and space are not.

Each of the people mentioned in this article can be located by name on the Internet. I respectfully refer you to their informative, entertaining and objective efforts to preserve our past and guide our future without resort to diatribe.

Those Folks Were Tough

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My Mom’s three brothers and one of her three sisters served in the Army during World War II (1941-1945). Aunt Betty was a nurse, Uncle Bud, who was a rodeo cowboy, was in the cavalry, Uncle Buck flew close air troop support over Europe and Uncle Bill killed and saw killed way too many men from Anzio to Germany. Mom sent any extra we had, and some not so extra, to support her siblings and their comrades.

My Mom’s Mom’s Mom’s father, my great-great grandfather immigrated with his parents from Bern, Switzerland in 1852 when he was fourteen. His father served as a career soldier in Switzerland for 21 years. They settled in LaGrange, Indiana.

My great-great grandfather, John Giggy, enlisted in Company H, Forty-Fourth Indiana Volunteer Infantry on August 28, 1861. His first major battle was Fort Donalson then he was wounded at Shiloh and sent to the military hospital in Evansville to recover.

After a short furlough he rejoined his regiment in Murfreesboro then at Chickamauga was wounded in the hip on September 19, 1863, after which he walked back to Bridgeport, Alabama using a bed slat for a crutch and having nothing to eat for 3 days but 3 crackers. He was then ordered to the hospital in Nashville before being furloughed again until he rejoined his regiment at Chattanooga on December 31, 1863 (Happy New Year?)

He continued fighting and marching, marching and fighting until mustered out at Indianapolis in October 1865. He became a farmer and a stone mason and fathered 9 children including my great grandmother, Agnes (Giggy) Vulgamore.

Thereafter he simply went about his life without thinking his country owed him anything more than a fair opportunity to raise his family and be left alone.

I never had the chance to meet him but I am confident his toughness helped buy me and my siblings a better life. Thanks to Grandpa, Aunt Betty, my uncles and all the other tough and non-assuming veterans who did their duty so the rest of us could do things they could not have dreamed of.

What’s the Big Deal?

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A ninety-five year old guy died of cancer in an Ohio hospital a few days ago. Seems like a rather expected thing. So why all the fuss? I guess you almost have to have gone through those farcical exercises of hiding under your school desk to understand.

Did we really believe such actions would save us from atomic bombs? Maybe so, but it is hard to relate now to those Cold War fears and lack of hope.

After we lost a quarter of a million military personnel in World War II and fifty-eight thousand more in Korea America was about warred out. But the Soviet Union and “Red” China still loomed over us.

When Yuri Gagarin orbited Earth in 1957 we did not have a space program that could get off the ground. Then in April of 1961 our C.I.A. stumbled its way into the disastrous Cuban Bay of Pigs Invasion. This was followed by the closest the world has come to blowing ourselves up during the 1962 Cuban Missile Crisis.

America was tired, back on our heels and scared. We were in the crosshairs of enemies on several sides and at a crossroads of ennui. What we needed was what the Greeks needed during the Trojan War. We needed an Achilles to inspire us, a hero whose confidence, ability and bravery could take our minds off of our fear and fire us with a will to win. Enter John Glenn.

This Midwestern, small town, normal sized unassuming product of the Great Depression, World War II, Korea and the Cold War climbed aboard an exploding cannon and rode it around the Earth less than one year after Gagarin thrilled the world and sent us under our desks.

To those of us who lived through the Cold War John Glenn represented the ability to fight back. So when Senator Glenn appeared with Presidential candidate Bobby Kennedy at the Indiana University Auditorium on April 24, 1968, we students who packed the place to boo Kennedy for running against Gene McCarthy turned into hero worshipers when John Glenn appeared.

That’s what a true hero brings out, gratitude and respect. If John Glenn thought Bobby was okay, then he was okay with us. Some might say we were fickle; I say we were converts.

A national hero is an extremely rare person. Adrian Peterson is a great football player and Madonna is a great entertainer, but to call them heroes is to miscomprehend the term. As commentator Charles Krauthammer said, we may have had only two true national heroes in the last one hundred years, Charles Lindbergh and John Glenn. That’s why the old guy’s passing is such a big deal.