Wednesday, April 09, 2008

John Adams' defense and the Boston Massacre

Inspired by these words of Cesare, Marchese di Beccaria, an opponent of capital punishment,

If, by supporting the rights of mankind, and of invincible truth, I shall contribute to save from the agonies of death one unfortunate victim of tyranny, or of ignorance, equally fatal, his blessings and years of transport will be sufficient consolation to me for the contempt of all mankind.


Patriot John Adams successfully defended British Captain Thomas Preston and the eight soldiers* who shot and killed five angry Bostonians that icy night of March 5, 1770. Apparently no one else was willing to take the case. At trial, after quoting the Marchese, Adams argued that it was "better that many guilty persons escape unpunished than one innocent person should be punished. The reason is, because it's of more importance to community, that innocence should be protected, than it is, that guilt should be punished." He argued that the soldiers had acted in self-defense against the large, riotous crowd. After 2-1/2 hours of deliberation, the jury concurred.

Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictums of our passions, they cannot alter the state of facts and evidence.


Adams was later to write in his diary:
I have Reason to remember that fatal Night. The Part I took in Defence of Captn. Preston and the Soldiers, procured me Anxiety, and Obloquy enough. It was, however, one of the most gallant, generous, manly and disinterested Actions of my whole Life, and one of the best Pieces of Service I ever rendered my Country. Judgment of Death against those Soldiers would have been as foul a Stain upon this Country as the Executions of the Quakers or Witches, anciently. As the Evidence was, the Verdict of the jury was exactly right.


*six were acquitted and two found guilty of manslaughter

3 Comments:

Anonymous Anonymous said...

Hmmm, OK, I'll bite. John Adams' defense was that the men were 'innocent' of the murder charges, not that they were guilty but shouldn't be executed on the theoretical basis of not so much as one person not guilty be accidentally found guilty and hung thereby.

So what, then, is the point of the article? Let the guilty go free? Or, if guilty, at least exempt them from the same punishment as they themselves exacted on their innocent and blameless victims?

I see many rise to the defense of brutal murderers in our world today. Too bad none of those were there to defend the victims before they were murdered, I guess.

4/10/2008 9:04 PM  
Blogger Bonnie said...

Hi Bob,

Those killed in the Boston Massacre weren't "innocent and blameless."

Adams was defending the justifiability of self-defense.

4/13/2008 1:41 PM  
Anonymous Anonymous said...

Hi Bonnie,

I guess I'm confused. Of course, I agree that Adams was defending the justifiability of self-defense, but the original article would certainly appear to be an apparently veiled argument against capital punishment.

However, it appears we agree that the use of Adams defense in support of opposition to capital punishment is entirely invalid, since that is NOT what Adams claimed.

So, I ask again, the point of the article is what?

Cesare, Marchese di Beccaria, is in fact worthy of the contempt of all mankind, as his argument is tantamount to claiming that two wrongs make a right, if they cancel each other out.

4/26/2008 10:46 PM  

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