Human history becomes more and more a race between education and catastrophe.

Archive for December 6, 2013

Survivors of the Charge of the Light Brigade – officers and men of the 13th Hussars, by Roger Fenton (1855)

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Apparently the Light Brigade charged the wrong artillery position due to a miscommunication in the chain of command. They were supposed to charge a different artillery position that didn’t have good defenses. Instead the line they charged had beefed up defenses, and they got butchered. Poor, fucking brave lads.
Major General James Brudenell, 7th Earl of Cardigan, led the charge. Here is his firsthand account (YES!!):

We advanced down a gradual descent of more than three-quarters of a mile, with the batteries vomiting forth upon us shells and shot, round and grape, with one battery on our right flank and another on the left, and all the intermediate ground covered with the Russian riflemen; so that when we came to within a distance of fifty yards from the mouths of the artillery which had been hurling destruction upon us, we were, in fact, surrounded and encircled by a blaze of fire, in addition to the fire of the riflemen upon our flanks.

As we ascended the hill, the oblique fire of the artillery poured upon our rear, so that we had thus a strong fire upon our front, our flank, and our rear. We entered the battery—we went through the battery—the two leading regiments cutting down a great number of the Russian gunners in their onset. In the two regiments which I had the honour to lead, every officer, with one exception, was either killed or wounded, or had his horse shot under him or injured. Those regiments proceeded, followed by the second line, consisting of two more regiments of cavalry, which continued to perform the duty of cutting down the Russian gunners.

Then came the third line, formed of another regiment, which endeavoured to complete the duty assigned to our brigade. I believe that this was achieved with great success, and the result was that this body, composed of only about 670 men, succeeded in passing through the mass of Russian cavalry of—as we have since learned—5,240 strong; and having broken through that mass, they went, according to our technical military expression, “threes about,” and retired in the same manner, doing as much execution in their course as they possibly could upon the enemy’s cavalry. Upon our returning up the hill which we had descended in the attack, we had to run the same gauntlet and to incur the same risk from the flank fire of the Tirailleur as we had encountered before. Numbers of our men were shot down—men and horses were killed, and many of the soldiers who had lost their horses were also shot down while endeavouring to escape.

But what, my Lord, was the feeling and what the bearing of those brave men who returned to the position. Of each of these regiments there returned but a small detachment, two-thirds of the men engaged having been destroyed? I think that every man who was engaged in that disastrous affair at Balaklava, and who was fortunate enough to come out of it alive, must feel that it was only by a merciful decree of Almighty Providence that he escaped from the greatest apparent certainty of death which could possibly be conceived.

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NOTES ON: The 2nd Amendment- The Right to Bear Arms

It’s important to understand the the Founding Fathers were a bunch of different people with different opinions (see James Madison’s notes on the Constitutional Convention for lots of fun debates with the Founding Fathers)

  • In an 18th-century context, it was about having citizen militias as opposed to standing armies.
    • It’s really important to recognize that the notion of a standing army was a massive bugbear for 18th-century liberalist positions, and as many of the colonists had migrated to the new world to escape such European conditions as the New Model Army in the middle decades of the 17th century, or James II’s standing army in the 1680s, the idea was to not let that kind of shit happen anymore.
    • It’s the same idea that drives the amendment about having to quarter troops: that a standing army is a threat to a democratic government and the freedoms of the people who comprise it.

[All common law countries with written constitutions have two primary sources of constitutional law: the text itself and judicial interpretation of the text (jurisprudence). And since the text itself is very hard to change (in the US it requires agreement from 75% of the states), most changes in constitutional law come from evolution of the jurisprudence.

In the US, the 2nd amendment is old and poorly worded and the states are in disagreement, so it falls to the courts to interpret (set?) the law.

Now there are lots of philosophies on constitutional interpretation, but some key members of the Supreme court are enamored with original-ism (cough Scalia cough), which is the thought that the constitution should be interpreted according to the intent of the drafters.

Now lots of people think this is ridiculous because the drafters had no concept of iron birds or assault rifles or countless other factors that are extremely relevant to the discussion. I tend to agree but original-ism has its philosophical benefits: it puts the onus of constitutional developments on elected bodies and it has a certain rigidity to it that some people like (flexible law is no law at all as they say).

But as long the states cannot agree on a redraft or the USSC still clings to original-ism, then the intent of the founders will continue to matter.]

  • Originally, the Second Amendment was viewed much more as a collective right. The important thing was that individuals be armed as part of a group responsibility. IOW, you needed to have a gun in case you were needed to help overthrow a tyrannical government.

  • After the Civil War, the whole discussion about collective versus individual rights changed, and having a gun became much more about self defense. This was in direct response to the newly Reconstructed South.

  • For those men who were allowed to own guns, the Founders had their own version of the “individual mandate” that has proved so controversial in President Obama’s health-care-reform law: they required the purchase of guns. A 1792 federal law mandated every eligible man to purchase a military-style gun and ammunition for his service in the citizen militia. Such men had to report for frequent musters—where their guns would be inspected and, yes, registered on public rolls.

[As a note, even if one takes the position that it is the collective right for the militia rather than the individual right, Section 313 Title 32 states that every man 17-64 is a part of the unorganized militia.]

  • Now, gun-rights activists seem to be arguing that restrictive gun laws passed by Hitler were the impetus to his rise. That’s completely baseless as the Weapons Act was passed five years after Hitler’s ascension to power. Moreover, Hitler’s repressive tactics decimated the liberal ranks of Germany’s political system before the Weapons Act.

  • In the US, a lot of the first gun restrictions got passed in the post-reconstruction south explicitly to disarm blacks as part of the establishment of Jim Crow.

  • Loaded open carry was specifically banned in California after the Black Panthers marched on the state capitol building in 1968. They couldn’t charge them with anything so it was made illegal the next day.

  • There weren’t really gun control laws as we know them during the 18th century, and especially in New England, lots of folks served in the colonial militias. I imagine gun ownership became more common the further away from the big cities you went, both for making a living and because American settlers were terrified of Native American raids.

  • As for JFK, his assassination was added to assassinations of MLK, Malcom X, and RFK and was part of the impetus for the Gun Control Act of 1968, which, among other things, effectively banned direct mail order of firearms to non-licensed persons, which is how Oswald got his rifle.