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John Roberts: America’s “Man for all Seasons”
By Mary Mostert (09/16/05)
Sir Thomas More, a lawyer and judge in mid-16th Century England, was the hero of “A Man for All Seasons.” He was a man of principle and reason, who faced the wrath of the corrupt King Henry VIII, because he would not approve the King’s immoral actions. Sir Thomas’ last words before being beheaded were: “The King’s good servant, but God’s First.”
One of my readers noted that the Senate Democrats’ effort to politically behead John Roberts’ by smearing him so he could not be approved as the next Supreme Court Chief Justice revealed a 21st century “Man for All Seasons.”
The Democrats failed to discredit Roberts because:
(1) Off the top of his head and without notes, John Roberts was easily able to discuss, and often correct, information written by scores of Senate staff members and read aloud by Senators trying to trip him up with 23 year old memos from 100,000 pages of 20-25 year old documents he had written.
(2) John Roberts showed he has a reverence for the law that also reminded me of John Adams’ actions in 1770 when he was the only lawyer in Boston with the courage and integrity to defend Captain Thomas Preston. Captain Preston was blamed by the Boston Gazette newspaper for deaths of 6 Boston men who died in what the newspaper dubbed “The Boston Massacre.” The citizens of Boston were demanding that Preston be executed basically without trial.
In 1770 Adams was approached by a Mr. Forester, a friend of Preston’s, who told him that no other lawyer in Boston, not even lawyers who supported the British government, were willing to represent Preston, but might assist if patriot leader John Adams took the case. I described Adams’ response to Forester in my book “A Hunger for Liberty Leads to the Declaration of Independence” as follows:
“John thought, ‘I will take this case. I will defend Preston if it is the last thing I do.’ He rose and announced to Forester, ‘If Captain Preston thinks he cannot have a fair trial without my help, then he shall have it.’ The men shook hands, and Forester handed him a small coin to “seal” the agreement. It was all John Adams ever received for his months of preparation for the trial in October of 1770.
“In the intervening months, the fury of the people of Boston had subsided somewhat, but John Adams would accept no jurors from Boston. All of them were from towns around Boston. The prosecution had 94 depositions from people claiming to have witnessed the “murdering” of the citizens viciously and without cause.
“John Adams and his legal team questioned scores of people and built a strong case around Captain Preston’s and the soldiers’ natural right of self-defense in English Law. The witnesses for the defense revealed a very different case than the story widely repeated on the street and in the Gazette newspaper office. During the trial of the soldiers, the dying words of Patrick Carr to his doctor, John Jeffries, ten days after being mortally wounded had a major impact on the jury:
Q. Were you Patrick Carr’s surgeon?
A. I was...
Q. Was he [Carr] apprehensive of his danger?
A. He told me...he was a native of Ireland, that he had frequently seen mobs, and soldiers called upon to quell them...he had seen soldiers often fire on the people in Ireland, but had never seen them bear half so much before they fired in his life...
Q. When had you the last conversation with him?
A. About four o’clock in the afternoon, preceding the night on which he died, and he then particularly said, he forgave the man whoever he was that shot him, he was satisfied he had no malice, but fired to defend himself.
“John Adams said:
‘We talk much of liberty and property, but if we cut up the law of self-defense, we cut away the foundation of both.’
“In summation he said:
“‘Facts are stubborn things. And whatever may be our wishes, our inclination or the dictates of our passion, they cannot alter the state of facts and evidence. Nor is the law less stable than the fact. The law, in all vicissitudes of government, fluctuations of the passions or flights of enthusiasm, will preserve a steady, undeviating course; it will not bend to the uncertain wishes, imaginations and wanton tempers of men.’
“The jury declared Captain Preston and six of the eight soldiers, ‘Not Guilty,’ and they were released. Two soldiers were found guilty of manslaughter and were freed after being branded on their thumbs with an ‘M.’
“Some people reacted angrily to the decision. John Adams was criticized in the Gazette, and he lost more than half his practice as a lawyer, yet was still elected to the Massachusetts Legislature the same year. Later in his journal he wrote,
“‘The preservation of liberty depends upon the intellectual and moral character of the people. As long as knowledge and virtue are diffused generally among the body of a nation, it is impossible they should be enslaved…’”
On nationwide television, thanks to C-Span II, the American people were introduced to a calm, strong, and good-humored John Roberts who demonstrated an intellectual and moral character of our next Supreme Court Chief Justice.
With simple facts from what appeared to me to be Roberts’ photographic memory about obscure statements made in routine paperwork he wrote a quarter of a century ago, he gradually destroyed an obvious Democrat plan to destroy him and his reputation.
Today, September 17, 2005, is the 218th birthday of the signing of the U.S. Constitution in 1787. If the US Senate votes to approve the nomination of John Roberts we will have a man heading the Supreme Court that has the character, the intellect, the integrity, and the knowledge of the law of the land of a Sir Thomas More or a John Adams.
John Roberts should be unanimously approved – but, I doubt that will happen.
(Printer friendly version) Email: Mary Mostert
Mary was involved in politics before she was old enough to vote and was writing articles for national magazines at the age of nineteen. She organized one of the first interracial youth groups in Memphis, Tennessee in the 1940s as a teenager, and was involved nationally and internationally in the civil rights movement and the peace movement.
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Site: http://www.bannerofliberty.com
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