Daniel Coquillette: Patriots in Defense of the 'Enemy'

from the Boston Globe, via Common Dreams:


Published on Thursday, January 18, 2007 by the Boston Globe
Patriots in Defense of the 'Enemy'
by Daniel Coquillette

Last week's attack by a top Defense Department official on lawyers representing Guantanamo detainees raises an issue Americans have visited many times before -- an issue that was familiar to our Founding Fathers.

On March 5, 1770, a group of British Regulars, on guard duty in a hostile Boston, opened fire on an unarmed but threatening group of civilians, killing five and wounding more. Known as the "Boston Massacre," the event was a godsend to patriot propagandists, such as Samuel Adams. In fact, it was a textbook example of how military mistakes can aid insurgencies. The commander of the British detachment, a Captain Preston, and some of his men were charged with murder.

Among the Boston Sons of Liberty were John Adams, who went on to become our second president, and his first cousin, Josiah Quincy Jr., a sickly but brilliant patriot. Both were lawyers, newly started on their careers. To the horror of Quincy's father, a wealthy and distinguished citizen, Quincy and Adams decided to represent Captain Preston and his men.

Quincy's father wrote to him: "I am under great affliction at hearing the bitterest reproaches uttered against you, for having become an advocate for those criminals who are charged with the murder of their fellow citizens. Good God! Is it possible? I will not believe it."

Quincy's father went on to warn his son that this decision would be "destructive of your reputation and interest" as a young lawyer, a true professional disaster.

Four days later, Quincy replied to his father: "Lest such be told, Sir, that these criminals, charged with murder, are not yet legally proved guilty, and therefore, however criminal, are entitled by the laws of God and man, to all legal counsel and aid; that my duty as a man obliged me to undertake; that my duty as a lawyer strengthened the obligation . . ."

At Captain Preston's trial, Quincy addressed the jury:

"The reputation of the country depends much on your conduct, gentlemen; and, may I not add, justice calls aloud for cando r in hearing, and impartiality in deciding this course, which has, perhaps, too much engrossed our affections; and, I speak for one, too much excited our passions. ....(more)

The rest of the piece is at: http://www.commondreams.org/views07/0118-21.htm

That does, naturally, exclude most republicans and, I'm afraid, more than a few Democrats.