Wednesday, November 26, 2014

Horsepower


 Remounts. World War One.

I've been doing a series of posts here recently on transportation.  I started out with the default means of transportation, walking, and then recently I did one on bicycles, the device that first introduced practical daily mechanical transportation to most people, most places, in the western world, and which continues to be the default means of daily transportation for a lot of people around the globe.  Here I turn to nearly the oldest means of alternative ground transportation (accepting that floating transportation was the second means for humans to get around, following walking), that being animal transportation. And when we discuss animal transportation, we mean for the most part equine transportation, at least in the context discussed here.. 

Mounted men on saddle horses, draft transportation with wagon pulled by draft mules, and pack transportation with donkeys.  A unique photograph, in Yosemite, if the three basic types of equine transportation with the three basic equines.

I didn't start with horses in this recent series, in part because I'm pretty familiar with horses myself and so they're sort of second nature to me, part of what the process of posting here hopes to help me overcome as a writer.  But I also didn't start here with horses as:  1)  walking makes more sense, in terms of a starting point and; 2) we all think we're so used to the story of the Equine Era that we tend to misunderstand it, and have to start somewhere else.
 
Copper, a Saddlebred, which I once owned.

Of course, noting this, I'm not completely accurate as I've written on horse transportation quite a bit actually, and well before this recent series.  One of the relatively popular topics on this blog has been the Revolution In Rural Transportation thread, which was once one of the top ten popular ones.  But we're taking another look at it now, in any event.  And we're taking a look at it in the same fashion we did for walking and bicycles, that is, we're starting way back in antiquity, but we'll conclude by looking at that period in the 20th Century when things really began to change.  Like most things of this type, we'll tend to find that this topic is subject to Holscher's First Law of History, everything happened earlier than generally supposed, and Holscher's Second Law of History, everything last occurred more recently than you suspect.

As previously noted, for eons and eons, people basically walked. And also for eons and eons agriculture was extremely basic, or perhaps more accurately nomadic.  Archaeologist for a long time have spoken of "hunter gatherers", but in reality most "hunter gatherer societies" are actually hunter, small scale farming and gathering societies.  Not all, of course, in regions that are very well provided with vegetative food, there was no farming, and in some rare areas of the globe where these societies still exist, that's still true.  A recently issue of the National Geographic featured once such group in Brazil, for example, that still did very little or next to no farming, instead gathering and hunting.

Humans spread across the globe in vast antiquity, of course, and at some point somebody had the idea of herding the game animals that would cooperate, essentially converting themselves from hunter/gatherers into hunter/herdsmen/gatherers (or low yield farmers).  How long ago this occurred is debated, but it seems relatively clear that the animals that were first herded are the ones that pretty much still are, with some later additions.  Aurochs (wild cattle), horses, reindeer, onakers (wild donkeys) and camelids.  Something about these big animals made them easier to semi domesticate and herd than others, leading to domestication.  Reindeer, I have to note, still really surprise me in this category, and of course a wild reindeer differs from a tame one not at all, even now.

And it was reindeer, some believe, that humans first rode, and a long while back  As odd as that is, the origin of the idea to ride a reindeer, if you are a reindeer herder, makes obvious sense.  It'd get tiring following them around on foot day after day.  If they are there anyhow, why not just ride one, assuming that it'll put up with it, which apparently they can be broken to do.

According to those who have studied this, it was in the region where reindeer herders and nomadic horse herders overlapped that riding horses first occurred. This is no surprise, really, in that anyone who has herded horses must find the prospect of herding them from the ground a daunting prospect.  Only on horseback could the herdsmen really plan on keeping up.  When they saw mounted reindeer herders, the idea of mounting a horse must have come nearly immediately.

 Soldier riding reindeer at survey camp of Eastern Siberian Railway
Imperial Russian soldier riding a reindeer, the first thing, it seems, humans rode.

But it probably took at least a little time. Those horses weren't domestic horses in any sense of the word. They were barely what we'd consider horses at that, more in the nature of ponies really, and very wild. But the men were wild too, and soon entire steppe cultures were mounted.

The horse spread out everywhere in the old world from there.

But they didn't really spread evenly.

 [Village criers on horseback, Bird On the Ground and Forked Iron, Crow Indians, Montana]
Crow Indians, who repeated in the 18th Century what our distant ancestors in vast antiquity experienced on the Steppes, adopting animal transportation as a start up proposition.

Contrary to the schoolyard myth, where some romantic child proclaims "we could all go back to riding horses", there was never a day in any sort of farming community or urban community in which "everyone rode horses". At the same time, however, the impact of horses was so vast, and their use as a transportation and draft animal so significant, that it can hardly be appreciated by most people today. Truly, as we've tried to explore in at least one other thread, it was a world in which people worked with animals.

Only in nomadic and semi nomadic cultures did everyone, or at least nearly ever male, ride.  The original tribes coming out of the steppes certainly did.  Their successors, people like the Mongols and the Huns, did as well.  The Arabs were a horse, and camel, mounted people back into their early history, and a certain percentage of them remained that way until quite recently, indeed some still are, giving their name to the hot blooded horse which lived throughout the region.*  Certain African peoples were heavy uses of horses.  Some Germanic tribes along the Rhine were reported by the Romans to be nearly entirely mounted, as a culture, on the cold bloods of the region.  Turks were a nearly completely mounted people when they came out of Central Asia on a horse that was, for all practical purposes, the same stock as the Arab Horse.  the Cossacks, a Central Asian people in their own right, were a nearly unique mounted people in close association with a much more agricultural and industrial people.  And of course, when horses came on to the North American plains in the mid 1700s, some Indian tribes adopted them to the extent of becoming completely mounted people.

 Imperial Russian Cossacks. Cossacks are associated with military service, but they were a mounted people in any event and their use as cavalry reflected a cultural trait.  It must have been cold when this photograph was taken, as the Cossacks depicted have their hats pulled down, which was not the norm.  Usually, they cocked them at an angle and pushed them towards the back of their heads.  Horses depicted here may be panjes, Russian ponies, with "panje" meaning "peasant".

Otherwise, however, in other societies, and very early on, riding a horse generally meant that the rider was some sort of agriculturalist who lived with and used horses, such as a mounted stock worker; occupied a role in society that meant he had to have a horse issued to him, such as a soldier or mounted policeman, or was wealthy and could afford the expense of keeping a horse, even though he didn't live, perhaps, where the horse was kept and didn't take care of the horse, or the tack, himself, on a daily basis.

 Cavalier and Roundhead (rich and poor)
 Cavalier and Round Head (Rich and Poor).  The cavalier rides a hot blooded horse, the peasant is riding a donkey. The position of the donkey rider is correct, that being for reasons I'm unaware of, except for very large donkeys called today "Monster Jacks", people ride the rear of the donkey, not its middle, perhaps for the reason depicted here in which the peasant's donkey is carrying a load in addition to a rider.  This scene depicts a condition which existed for eons.  Even in ancient Greek society only the well to do were mounted.  Everyone else generally walked.

 Returning from market
Rural family returning from market.  This family, man, woman and child, are using horses as saddle animals, with the lead horse also packing quite a load.  Pretty typical farm family scene the globe over.

 British Cavalry passing through wrecked village
 British cavalry during World War One.  British officers, going into the war, were largely drawn from a traditional landed or semi landed class, and would typically have learned to ride at home in their youth.  Regular enlisted volunteers wold have learned to ride in the Army.  Mounted reservists were typically in Yeomanry units, who were drawn from rural regions and probably also learned to ride at home.

The archetype of the British cavalryman in World War One, mounted on a very large charger.

This meant that the great mass of people in most societies, in anyone era, weren't regularly riding horses and probably weren't riding them at all. This was certainly the case after the start of the Industrial Revolution, but was even the case in most places before that. If we take Medieval Europe as an example, the reason that we find Medieval Chivalry so interesting is that they're an example of what we note here.  "Chivalry" comes from the word "cheval", French for horse.  Chivalry were the well to do landed gentry who could afford to own horses, and therefore part of their obligation in society was to serve as mounted warriors, i.e., knights, in times of war.

 Saracens, North Africans, and French Chivalry, at the Battle of Tours.  French mounted combatants would have been largely drawn from the landed class.  Foot soldiers from less well funded classes.  The Saracens, on the other hand, probably were drawn mostly from North African mounted tribesmen.

But even in the United States, at least by the mid 19th Century, this was tending towards true.

Now, surely early in the country's history, the percentage of men who rode was undoubtedly fairly high.  When farming dominated as it did at that time, most men would have had some ability to ride and in some regions of the country it was a necessity.  Even New England fit that category early on, with one type of horse, the Narragansett Pacer being associated with that region and being noted for being a pacing gaited horse, suitable for comfortably traveling significant distances.  But as cities and towns developed, this became less and less true.  Which isn't to say that there weren't occupations that rode, there were, some of which would surprise us today.

Many lawyers, for example, rode as part of their occupations.  Judges frequently did. Indeed, that fact is memorialized today by the term "circuit court" which remains in use, although nobody rides or even really drives a circuit today (although there are districts, at least in Wyoming, where one judge presides over courts in different locations).  One now retired judge in Wyoming's Seventh Judicial District had a small statute of a circuit riding judge in his office for years.  At any rate, for many years, entire teams of lawyers rode circuits, following a judge who also did.  This was particularly true before roads were improved in any fashion, as a coach is an uncomfortable or impossible vehicle if the roads are bad, but a horse can go absolutely anywhere.

Some clerics did as well, all of which was referred to as "riding a circuit".  Methodist ministers are frequently associated with this, and Catholic Priests in some regions of the world relied on mules to such an extent that mules were somewhat reserved for them at law.  In one South American diocese an early Bishop, who was later canonized as a saint, spent something like the first seven years of his appointment in the saddle, just covering his very large diocese.  Well into the 19th Century, or even the 20th, there were certain regions of North American where to be a Priest or minister meant you had to ride.

Mail carriers also did, and to such an extent that a "post" rider was part of the post office's original seal.   And the term "posting" is associated with the Post Office, although that's not the only explanation for that term referring to rise to the trot.  Some rural routes in the United States were still served by mounted mail carriers as late as the 1940s.

Rural mail carrier, Kentucky, 1940.  Of note here, this rider is using a flat, or "English" saddle, which we would expect for this region of the country at this time, but which films invariably do not get right.

Mounted policemen were a common feature of most big cities well into the 20th Century, and there were also rural police forces that were entirely mounted.  This is something, in a diminished fashion, that carries on to the present day.  Urban police forces themselves really started making an appearance in the US after the Civil War, when towns and cities had grown sufficiently large that a county sheriff's office or a town marshal no longer would suffice for city policing.  As policemen covered quite a bit of ground a fair number of them were mounted. And as this tended to immediately follow the Civil War, quite a few early police forces were equipped with forms and tack that strongly resembled that of the Union Army.  Even today police departments with significant mounted units tend to use tack that strongly recalls that of the late 19th Century U.S. Army.

And while this thread doesn't really seek to fully explore it, well into the mid 20th Century the military used a tremendous number of horses and mules.  Every army that fought in World War Two used at least some mounted troops, and some armies used significant numbers of them.  Even the United States, contrary to what is commonly believed, had some mounted men in Europe during the war.  The Germans and the Soviets had a lot of mounted men.  The last mounted assaults by formations of mounted men in the U.S. Army, the Soviet Army and the German Army, all occurred in the spring of 1945.**  The United States, recognizing the declining importance of horses in the war, but still requiring huge numbers of mules, continued to have a Remount program until about 1947, when it was finally turned over to the Department of Agriculture, complete with some captured German horses brought back into the US post war.***

Jonathan Wainright being promoted to Brigadier General in 1938. Wainright would become a prisoner of the Japanese early in World War Two and would famously endure the war in captivity.

Some armies used huge numbers of horses for transport. The Germans, again, provide a prime example. The Germans actually used more horses in this role during World War Two than they did during World War one, and by the wars end they were principally horse powered in terms of transport and artillery transport.

Cavalryman training at Ft. Riley Kansas, 1942.  The U.S. Army's cavalry training facility remained in operation until after World War Two. The date the last cycle was trained is uncertain, but it was likely in 1946 or 1947.

Cavalry, globally, had a much longer run that people imagine, because it actually still exists, or perhaps more accurately mounted infantry does in some armies.  At least one central African army still has mounted infantry.  Mounted infantry units figured prominently in the wars in Rhodesia and Angola of the 1980s, proving to be highly effective in both instances.  Paramilitary mounted troops, moreover, exist in a lot of armies that patrol remote areas of the globe.  And, mounted bands continue to exist as irregular troops in some places of the globe where mounted banditry lives on.

And then there's military mules.

Mules, in fact, remain a big untold, in part, story for World War Two. The US, German, Italian, and British armies all used huge numbers of mules, with the Allies having a particular advantage in this category a the United States produced the best mules in the world, and really still does.

U.S. Army mule, 1863.  Most Civil War mules were pack mules, but some infantry formations were ultimately mounted on mules to give the infantryman mobility. This was repeated again during the Indian Wars, when it was found that on campaigns infantry couldn't keep up in the early stages of the campaign with cavalry.  They generally could if a campaign became long, however, as cavalryman were mounted one trooper per horse, something generally not done with civilian horsemen.  Cowboys, for example, typically rode seven horses to the man in the 19th Century and still ride several horses to the man today.

U.S. Army mule, World War Two,. or perhaps 1930s.  This mule sports a Phillips Pack Saddle, a type of load specific pack saddle system developed after World War One.

U.S. Army mule column.  Note that this string of mules is not tied together, the way civilian pack strings normally are.  These mules are so well trained they are following each other in a single column, without being tied.

Pack mules remained in the U.S. Army until the late 1950s, at which time the last U.S. Army unit that was a pack transportation unit, a reserve unit in Colorado, was phased out.  However, even at that, the Armed Forces never quit training troops how to pack horses and mules. The Army's Special Forces still does, and within the past decade it has issued a new manual on the topic. The Marine Corps has maintained an active pack transportation school the entire time.  As horses and mules have been used recently in Afghanistan the wisdom of doing this has been demonstrated.

Pack horses and mules were not just a military thing, of course. Certain industries and enterprises relied extensively on pack horses and mules well into the 20th Century.  While its sometimes claimed that the Jeep replaced the horse in the Army, what it really replaced was the pack mule, sort of, and this is sort of true of the pack mule in the civilian world as well.  Be that as it may, there's still pack mule, and horse, use today, including by the Federal Government. The Forest Service maintains a remount program even now, in which it teaches a small number of its personnel in riding and pack mule use, and it keeps a string of pack mules in the Rocky Mountain West.  Pack mules and horses receive extensive use by outdoorsmen, particularly large big game hunters, and some continue to use them simply for packing trips.

 Jeeps and mules, World War Two.

Setting riding (and packing) aside, and military use, the big presence of horses that has really been forgotten was the use of horses in draft, or draught.

 [New York City. View along waterfront on West Street; many freight wagons; street car]
Street scene, New York City, 1904.  This photograph was taken the year after Henry Ford introduced the Model T, and the year after Harley Davidson first started manufacturing motorcycles.

For most people, horses intersected with daily life in the form of a horse in harness.  While most people didn't ride, everyone depended on draft horses, and this became more the case during and after the Industrial Revolution, than before.
Omaha Merchants Express and Transfer Company, 1908.

For most people, horses intersected with daily life in the form of a horse in harness.  While most people didn't ride, everyone depended on draft horses, and this became more the case during and after the Industrial Revolution, than before.

While its hardly appreciated now, the means of transportation, at least locally, for most of the Industrial Revolution and well into the 20th Century was by draft horse.  Local transport companies owned thousands of horses across the United States. And in the first quarter century of the 20th Century, railroads were the largest owners of horses in North America. That may seem odd, but that's how the things delivered by rail were delivered.

Transport horses so dominated in North America that they impacted the types of horses produced by individual farmers, who were the sources of nearly the entire supply.  Prior to the Industrial Revolution, farming dominated the horse market and farmers, always being practical and economically minded, raised horses of a type called a "chunk", that being a short blocky horse that could be used for riding, driving, or pulling.  The Morgan or Canadian horses (the two being closely related to each other) provide perhaps the most familiar example of that type of horse to us today.  But in the cities, transport companies had demands for specific types of horses that they desired, and heavy haulers wanted a heavy horse.  The common view today that the big draft horses we see in parades were "farm" horses isn't really correct.  In fact, they're not desirable as a rule for farming, as their angle of draft is to severe.  They became that big and blocky when heavy haulers favored that type of horse, and that type of horse really only became so big and blocky at the end of the horse transport era.

In fact, the urban draft market was so heavy, and so dominated what private horse supplieres were producing, that it concerned the British Army, which relied upon Canadian horses for a reserves supply of remounts, and began to concern the U.S. Army, which had always secured its horses from private vendors as well.  The English never did develop a Remount program, but the United States did after World War One, when the direction things were headed in was pretty plain.  This put the U.S. Army directly into the horse ranching business, leading to a system in which the Army owned the stallion and had its choice of offspring.  Governed under strict military guidelines, this lead to an improvement in the quality of horses in the United States, and in fact is largely responsible for the conformation of Quarterhorses today.

Remounts, 1923.

Draft horses in cities and towns were such a part of ordinary life that we can hardly even conceive of it today, or the same reason that we don't think of light trucks and work vans much. They're just part of the background of life, and dominated much of what would have been regarded as normal, necessary and vital of everyday life.  In other words, stuff we totally tend to ignore in our own lives today.

Small beer wagon, 1939.  Note the heavy draft horses being used.  The wagon driver is a "teamster", giving rise to that term, and to the original union for them which survives today.

Draft horses and freight wagons delivered beer to bars, ice to butchers, fish to fish mongers, milk to people's houses, ice to their homes for their "ice boxes" and coal for their furnaces.  By the early 20th Century the first cars and trucks had made their entry and long distance travel was by rail, but in towns and cities horses were truly the beasts of burden, pulling wagons and carts in every town and city.
 
 Budweiser wagon, 1943.  Probably the archetype of horse drawn freight wagon, in many people's minds

Ice wagon, with very placid light draft horse.

And how the ice was cut.  Horse drawn ice saw, heavy draft.

United States Fuel Administration poster urging Americans to order coal early, due to the potential of World War One shortages.  This poster depicts heavy draft horses in use, which is no doubt accurate for this type of work.  It also depicts a dump box on the wagon, showing how wagons were as specialized as truck boxes are today.

Horses also performed the role that dump trucks and blades performed in cities and towns.  Dirt, and snow, removal was horse powered.

Draft team removing snow from a railroad crossing, St. Lambert Quebec, early 1940s.   Horses are heavy drafts.

[Wagons removing snow]
Snow removal, New York City, 1908.

And all of this well into mid Century as well.  The delivery of ice tended to be carried on by wagon, as a dying industry, until it died, being perhaps one of the last urban horse drawn freighting services to continue, but it continued in some locations in to the 1950s, as people slowly replaced their ice boxes with refrigerators.  Today, perhaps somewhat ironically, it's Budweiser's giant beer wagons that are popular in the public mind, as they've made it a symbol, and the big beer wagons were always dramatic. But a lot more ice was hauled in towns and cities than beer.

Horses also provided light transportation, both through the private ownership of carts and buggies for those who could afford to keep them, and for hire as well.

Light Irish cart of a type typical in Ireland up through the 1940s.  Irish carts of this period are typically referred to as a "dog cart", reflecting that they were light carts.  In the United States another type of light cart was called a "dog cart", but it was a light two seated cart, which was sort of the sports car of its day, and used in pretty much the same fashion as sports cars today, by pretty much the same class.  Ireland and the Irish were heavily associated with horses, being a rural people who depended upon them enormously, and horse related sports remain popular in Ireland today.

Once again, it was of course the case that not everyone owned a buggy by any means. They cannot be thought of as the equine powered predecessor of the automobile.  The same problems that confronted the average urban dweller in regards to a saddle horse, confronted them in regards to a buggy, if not more so, as it entailed keeping at least one horse. Some occupations did typically own buggies, however, with physicians being particularly likely to own one.  Indeed, this was so much the case that one type of buggy was called a "doctor's buggy".

Sign for physicians office, 1940s, recalling the relatively recent era when doctors had buggies as part of their occupations.  Oddly, the buggy depicted is not the type which is called a "doctor's buggy", but is more of a "dog cart".

Stage Coach, 1910, Riverside New York.  Note, this is well after most people would associate traveling in this fashion, and in a location you wouldn't typically hear of either, but both were common.

Hansom Cab, New York City, 1896.  A wagon called a Hansom Cab is still a tourist attraction in New York today, although New York's recently elected mayor, in an act of unreality and political buffoonery, declared an intent to eliminate them, showing the increasing extent to which the politics of that city are divorced from the the real world.  Horse, it should be noted, has his head in a feed bag.  The horse is a light or medium draft horse.


Public Transportation, Washington D.C.

All of this doesn't even begin to address, of course, the services horses that were present in any one city, such as the thousands of horses used for fire departments all over the country.

[D.C. Washington. Fire Department activities: horse-drawn hook & ladder truck leaving firehouse (folder 438)]
Washington D. C. Fire Department

The last of the Horses Engine Co. 205, New York Fire Department
 New York's Engine Company No. 205, the last horse drawn engine company in the New York City Fire Department, 1922.

Horses even had an impact on the features of cities and towns. A nationwide public effort was undertaken in the early 20th Century to provide nice watering basins for them, and they still exist in quite a few towns and cities.   A nice one, for example, exists in downtown Denver, although I have yet to take a photograph of it. Iron rings were sent into sidewalk cement as well, for tying horses up while their owners did their business.  One of those remained in a sidewalk near my office building, at which point it became a victim of  a sidewalk reconstruction effort.  And of course every town of any size had a livery to accommodate horses.

Shower for horses, a feature in big cities during hot weather, put in by people sympathetic to horses.

Outside of the cities, horses provided the horsepower, if you will, for everything, for a very long time.  That they supplied the muscle for freighting in the 19th Century is no surprise, but what may be a surprise is the extent to which this continued on well into the 20th Century.  Indeed, as odd it may see, the early transport for the oil industry was horse powered.  One of my wife's great uncles worked as a freighter with a large team for one of the early oilfields in this region.

Zurr's Station and Water Tank, Dutch Flat and Donner Lake Wagon Road, Placer County
Water wagons.

A unique photograph showing every mode of transport, almost, in the early 20th Century in Alaska.  Horse, foot and bicycle.

And of course horses and mules were critical for agriculture and for much longer than people generally suppose.  This is very well known, but how long this continued on is not appreciated.  People suppose that tractors came in around the same time as the car, and the conversion to the internal combustion engine happened overnight.  This is simply untrue.  Engine powered farm machinery was slow to come in, in some ways, and horses and mules remained the farm standards well into the mid 20th Century (and remain the ranch standard, in some roles, today).  The Great Depression, for one thing, slowed mechanization of the farm, which had only barely begun to commence when it got rolling, and while tractors and other machinery had existed for a long time by that point, they were far from universal on the farm.

Plowing, late 1930s.

Sheepherders, early 1940s. Scenes like this still occur, and were very common in the West well into the 1980s.

A mule and a plow, what the Government advertised for those seeking farm resettlement loans.





Mule-drawn wagon with water supply near Jeanerette, Louisiana

Horse drawn water barrel, Louisiana, 1938.

 Combine, 1910.

 Saddle horses at branding.

Perhaps the most surprising thing for most people may be how long this went on, and that it even does to a small extent today.  A common conception of things is that cars came and the engine replaced the horse overnight, but it did not work that way.  Cars did come in rapidly for personal transportation, which isn't a surprise as they offered something that their main competitor, the bicycle, did not for average people, that being distance.  A person could cover a lot more ground with a car than they ever could with a bicycle, and even go from town to town.  But things were slower in other areas.  Horses carried on in urban freighting well into the 1920s and in some roles into the 1950s.  Horses carried on in the everyone's army until the after World War Two, and mules beyond that.  In agriculture average farmers in some instances kept on farming with horses and mules into the 1950s and in ranching horses have carried on in the West to this very day.

 Horse market, Omaha, 1914.

Epilogue

This is a topic that's actually a bit hard to conclude, as in some ways the story of horse use isn't complete.  Horses remain with us, and even in the most industrialized countries, there are working horses today.  Horses remain in use in ranching for example, to a far greater extent in the West than people imagine.  They even carry on in the stock industries of Italy and Spain, which we don't think of much here. They continue to have a role in policing, and have been reintroduced in some towns and cities in recent years, and have gone back into use patrolling the border.  The Army, which went away from horses with finality following World War Two, and from mules in the late 1950s, has even found that it isn't possible to completely escape them, and Special Forces troops were mounted once again at the start of the war with Afghanistan.

Truth be known, but for the fact that we're so acclimated to machinery, the horse would be well suited for more roles than it currently fulfills.  Horsemen know that, but it's hard to advance that point without sounding hopelessly romantic.  Anyone who has ever ridden much, for example, well knows that the vantage from the saddle is much greater than that from the ground, and searches that are routinely undertaken by parties of walking people, or sometimes with aircraft, would be better off supplemented by riders. Frankly, the walking people could entirely be replaced with riders.  Much more policing work could be done with them, police forces just aren't all that familiar with them today.  And so on. Of course, all that's easy for me to say, as I like horses.

The horse continues to cast a pretty long shadow today.


*Hot Blood v. Cold Blood.  Hot blooded horses are those lighter horses that stem from more southerly regions, originally, such as Arabs.  They're generally "hotter", more lively, than Cold Bloods. Cold Bloods are heavy horses, stemming originally from a wild Northern European horse.  They've given their blood lines to the draft breeds today.  Of course, there are mixes and most horses have some hot blood into them today, to some extent.

**The last U.S. Charge by a mounted unit was one conducted by the Mounted Reconnaissance Troop of the 10th Mountain Division in 1945.  Commonly it is claimed that the last US charge was by the 26th Cavalry Regiment, in the Philippines, in 1942, which is correctly only if only a cavalry unit, rather than mounted infantry, is considered.  The last charges in which U.S. troops of any kind participated have occurred in Afghanistan with Special Forces troops attached to the Northern Alliance.

The last German charge may have occurred when a German cavalry unit charged across a US unit in an effort to flee the advancing Red Army in April, 1945.  However, so many German troops were mounted during World War Two this is somewhat difficult to determine.  Likewise, the Red Army used cavalry until 1953 and determining when the last Soviet charge occurred would be difficult. The Soviets may have conducted mounted actions internally after World War Two as they confronted internal resistance after the war in areas that had formed anti Soviet guerrilla bands during the war.

The last regular Army that the US probably served alongside that had mounted cavalry formations might be the Republic of Korea's army, which still had mounted units in 1950 when it was attacked by the North Koreans.  On the other hand, the British have actually used provisionally mounted troops in the Balkans in recent years, so this may not be correct, and the US has used, as noted, some Special Forces troops who have been mounted in Afghanistan.

***For more on the topic of Military Horses, including this topic, see The Society of The Military Horse website, the place that's the absolute last word on this topic.

__________________________________________________________________________________

Related threads:

A Revolution In Rural Transportation.

Riding Bicycles

Walking.

Working With Animals.


Sunday, November 23, 2014

Regaining the joy of reading?



As folks who stop by here know,  I'm a member of the ABA, but I'm not a huge fan of it.  I tend to think its overly focused on big city white shoe firms, which is a world that most lawyers don't live in. And, having achieved its goal of improving practice standards eons ago, it now spends time, it seems, fishing around for relevancy where it shouldn't be.

Anyhow, none the less I do find some of the articles in its journal interesting, on occasion, or sometimes just odd.  Recently it ran something on whether the practice of law had wrecked the joy of reading for lawyers.

Apparently there are lawyers who feel this way, but I can't even conceive of that.  How could it?  Sure, we read a lot at work, but we aren't typically reading the things we read for enjoyment.  I know it hasn't wrecked it for me by any means.

I also know that it's impacted my abilities as a writer.  I've always like writing, but I'm a way faster writer than I used to be by a huge margin.  On the detriment side, I do find it harder to focus on writing things I should be writing that are unrelated to work, while at the same time writing is obviously a release for me in other ways.

Sunday Morning Scene: Churches of the West: Riverton Museum (Riverton Methodist), Riverton Wyo...

Churches of the West: Riverton Museum (Riverton Methodist), Riverton Wyo...:


Friday, November 21, 2014

Americans Hate the Bill of Rights

Americans claim to love the Constitution.  Politicians, judges and public office holders swear an oath to "protect and defend it", and loudly declare their great admiration of it and its drafters.

Well. . . .baloney.  Americans absolutely despise the Constitution and particularly the Bill of Rights.  They loath it.  Sound too strong?  Well, consider each article of the Bill of Rights and what you really hear.

The Bill of Rights are the first ten amendments to the Constitution.  They came about because, after having given up on the Articles of Confederation, Congress grew worried that it had created a system in which the new Federal government would be so dominant that it could override the primacy of the states.  To address that concern, therefore, they came back and added the first ten amendments.  At first, they only restricted what the Federal government could do, not the states at all, but through a doctrine entitled "incorporation", which arises via the 14th Amendment, the first ten amendments have slowly come to be regarded as restricting both the Federal government and the state governments.  Early on, Congress just couldn't imagine a state abusing its citizens, as democracy was regarded as so direct at the time, but time proved the opposite, hence the doctrine of incorporation, which arose both due to amendment and interpretation of the Constitution.

Here's the Bill of Rights:
Congress of the United States
begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
 Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Americans really dislike these provisions.  Each and every one of them, in spite of what they think they believe.  Politicians, who have sworn an oath to uphold them, will rail against some of them on occasion.  Let's take a look at each one.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The first amendment was designed, in part, to prohibit the establishment of a Church of the United States, the way that  England had the Church of England. This was recently discussed on this comment at the Ramblings of a Teacher blog, including some commentary by yours truly, so I'll just refer the history, etc., of that out to there.  But, basically, being aware of the titanic series of struggles that had resulted from Henry VIII's declaration that he was head of the Church in England, followed by years of struggle between those who conceived of that as a mere separation and nothing else, and those who were true Protestants, and those who sought a reversal of Henry's VIII's actions  in separating London from Rome, and the suppression of competing Protestant groups by the whoever was in power, and the suppression of Catholics by everyone, the new American nation wanted no part of it.  So, in order to avoid that, it prohibited  Congress from declaring an official state religion, and it prohibited Congress from suppressing any other religion.  It didn't say that religion would have no role in publish life. . . the founders were French revolutionist.

We love that, right?  No we don't, or it sure doesn't seem that way if you listen to public discourse. There's plenty of people who would gladly suppress another religion if they could, or even create a state one if they were allowed to.  Anti religious folks, for their part, would gladly prohibit any governmental interaction with any religion, no matter what the nature of the association would be.  So the Freedom of Religion clause is constantly under the gun from both sides and hardly ever looked upon rationally.

Did the founders expect religion out of the public discourse?  No, of course they didn't. Did they feel it inappropriate for a Bishop, for example, to comment on, and try to influence the law?  No, they didn't expect that.  They just didn't want there to be a Church of the United States, or a Church of Virginia, basically.  And wise they were indeed.  State churches, such as found in Europe, have not done well recently.

Well what about the Freedom of Speech. Everyone can agree on that surely?

Well, apparently not.  Even from day one in the country we've seen folks who would be happy to run over the top of the right to speak freely.  Anti Sedition laws came in under John Adams, one of the founders.  And we've revived them from time to time.  Even now we'll occasionally take a run at restricting speech if we can figure out a way.

But we'll also pretend that it applies to speech in a civil context that the founders would have regarded as libelous. The provision, really, is to allow political speech, not to speak vile things about member of the public or the public at large no matter what civil libertarians may wish to pretend.

Same thing with Freedom of the Press. The Press is super zealous in protecting this right, and they should be, even where they use that freedom to argue that other freedoms ought to be stamped out.  But lots of folks despise the press and figure it ought to just shut up.  And they'd legislate it into shutting up if they could.  The Press doesn't help it cause much here either, as the Press is often pretty loud about wanting to wipe out some other freedom, as if Freedom of the Press was the only freedom there was.

Okay, well there's no dispute over peaceably assembling, surely. Wrong again.  This basically amounts to protesting.  People don't like that much, unless they're protesting.  And lots of governmental entities regulate it to the extent they can.

Basically, people like their own faiths and faiths like them, like what they have to say themselves, and figure any gathering they go to is legitimate.  As to everyone else. . . well they're not so sure.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Second Amendment is no doubt the most debated amendment to the Constitution and the one about which the oddest things are said.  People often treat it like its reading the Rosetta Stone and full of mystery.  It isn't, if you understand the times it was written in.  Just like those times informed the drafting of the First Amendment's Establishment Clause, they informed the Second Amendment.  A little history, therefore, is needed.

In Colonial America, and up until the 1880s, every American male was in a colonial militia or state militia.  Everyone.  We often read that the United States had no draft until the Civil War. That's just baloney.  The United States had universal conscription, into state militias, up until about 1880.  Every American male bore arms.  Basically, if you were 16 years old, you were in the state militia where you remained until you were about 60. As many men didn't make it to 60, that meant that most of them were in the militia for life.

The way militia's worked, for the most part, in both Colonial times, and up until the 1840s or so, and later in many places, is that they mustered annually.   That was it.  Basically, the militia mustered and drank a lot of beer.  Truly.  That's about as "well regulated" as they were.  Some states provided arms, some uniforms, but quite a few militiamen, ie., all men, showed up in their workaday clothing with their rifle or fowling piece.  They "drilled" a bit on the courthouse lawn, i.e., formed up into a military formation and marched a wee bit, and dismissed to drink beer.  Truly.

Now, as the militia existed to protect the state against attacks by Indians, the British, or the French, that worked pretty well actually.  People like to make fun of the old militias now, but some of them gave French, British, or Indian combatants terribly bruisings.  For that matter, Canadian militia really kicked US forces in the teeth during the War of 1812, and they were no different in nature.  The British held some American militia in contempt for poor performance, but thought that other militia units were a bunch of unfair baddies due to their effective use of rifles and unconventional warfare.

The reason for the Second Amendment is that the states feared that the Federal government would take away the right to own firearms in times of stress and leave the states defenseless.  As its now been determined that the Second Amendment has been incorporated, that now applies to the Federal government as well, although at least one court case from the 1930s had long ago forecast that.  And what that case from the 30s makes plain is that the Second Amendment specifically applies to the type of weapons that a state would use to defend itself, i.e., military weapons.

But people don't like to believe that in some instances.  For example, New York's Mario Caumo was railing the other day that "you don't need ten bullets to kill a deer," his point being that he wasn't going to act to ban deer rifles, but "assault rifles."

Well, the Second Amendment actually wasn't drafted to apply to deer rifles, although it would apply.  It actually was designed to apply to military weapons, or at least weapons that could be used that way.  All the talk about protecting weapons that only have a sporting purpose is completely missing the point.  A person could argue that we need not fear an attack from the British anymore, or even if Prince Harry does show up with a raiding party we're not going to repel him with a militia muster (the paparazzi would probably do), or it could be argued that the republic has withstood the test of time and the citizenry no longer needs military arms to potentially take action against a tyrant, but that's arguing that the Second Amendment should be repealed, not that it doesn't exist.  Folks who take an oath to defend the Constitution should be honest about that.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
Okay, we all like this one, right?

Well, we probably do, but the Army hasn't tried to quarter soldiers in homes, ever.  The Supreme Court did find the government could condemn property for big box stores, so you do have to wonder what we really think here.

We may actually get to find out.  A very rare case is presently pending in the Federal system on this very topic, in which he presents a case arguing that a police occupation of his home fits the bill here.  My guess is that the Courts will say the police aren't the military. Still, it's interesting to ponder.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
 We really hate this one, which is why we're testing it all the time.

More than any other amendment, there's constantly an effort to run roughshod over the Fourth Amendment, and generally the courts are regarded as a bunch of namby pamby do gooders when they uphold this amendment and strike down some law. That doesn't stop people from trying to figure out a way around it.

People who aren't breaking the law are really pretty comfortable with the idea that the police should be able to stop you and search you, your car, or whatever, because you look pretty darned suspicious.  And they ought to b able to enter your house too.  They should only be stopped form searching the houses of honest people.  That's basically the way most people view this.  If you listen to discourse on this topic, nine times out of ten, that's how people see it.

But the flip side is also true.  People feel free to feel that legitimate police actions should be controlled by mob rule, no matter how legitimate and procedurally correct they may be in some instances.  Whole communities will riot over legitimate due process, just because it doesn't equate with their notions of what the result should be.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Okay,  now surely we're all in agreement on this one, right?  We love this, it's a hallmark of American culture.

Nope, we don't care for it either.

For starters people are actually pretty comfortable with the idea of people being accused of "infamous crimes" and being hauled off to court for them with as little effort as possible.  Indeed, people whine and cry that actions which might be civil offenses at best, but which are more likely simply bad political or business decisions, or just good luck some times, should be felonies.  After every Presidential Administration goes out of office, if there's a party switch, there's howls of protests that one politician or bureaucrat or another should be prosecuted.  And big economic events, like the banking collapse, or the earlier Enron type events, result in the cry of 1798 France; "off with their heads."

This amendment was designed to prevent torture and to keep the accused safe from the mob.  Right now, however, Americans are getting pretty comfortable with the mob as the arbiter of justice, and governments are pretty comfortable with even outlawing good luck.  Insider trading provides us with an example. Why is it illegal?  A person with inside information who wasn't inclined to use it would be stupid, and it shouldn't be a crime to use information you have due to your position.  Everyone actually does it, as a person would have to be a machine not to.

And people are pretty comfortable with other people's property being taken for government use.  Even the Supreme Court is, as the recent decision allowing property to be seized under eminent domain for use as a mall demonstrates.

And as we have also seen, people feel free to resort to mob rule where the mob feels that there's been an injustice, rather than allow the legal process to work as it should, and usually does.  A community can go into days of riots over a result it feels to be the wrong one, even where they have not heard all of the evidence, and they have not allowed the courts to operate.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Nobody should doubt how hated this one.  It's so hated that right now the President of the United States, who was a Constitutional Law Professor, was, earlier this pat year busy spouting off about the finding that a criminal defendant was innocent.

In this particular instance that's disgusting and shameful, in my view, but its hardly unique.  I've heard plenty of public outcry about verdicts of innocence before.  Perhaps the most amazing thing is that criminal juries still work, by and large, protecting the rights of us all against, amazingly, us all.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Same deal here.  As a lawyer, I've often heard either "what was that jury thinking?" or "wow, what a great system" based simply on  the results.  Juries are declared to be "dumb" or motivated by improper factors, simply because their results don't square with the speaker's views.

Indeed, we should decide whether we want juries, or not.  Not all modern legal systems use them by any means.  Most continental European ones, for example, do not, although we find it odd to watch those systems operate.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
People are generally happy with any high bail amount that a court might order.  It's only low bails that people complain about.  I don't think people have any problem with "excessive" bail.

Likewise, I think people are pretty comfortable with cruel and unusual punishment as well, and I've heard it occasionally espoused as a good idea.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I'll handle these two together, as they are similar. And surely no rational person could disagree with these, right?

Oh yes they can, and they often do.  Plenty of people would rather resort to the courts and Federal government rather than all "the people" or "the States" to decide anything as, of course, they might decide the wrong way.  Sure, that's an anti-democratic view, but plenty of people think just that way.

Well, thanks goodness for the Bill of Rights.  Countries without similar provisions haven't always fared so well, in that effort to save people from their worst instincts.