What George Washington Thought of Torture

[ehrnst]

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The Founding Fathers Were Strongly Opposed to Torture … and Enshrined a Torture Ban In the Constitution

http://www.washingtonsblog.com/2014/12/founding-fathers-strongly-opposed-torture-enshrined-torture-ban-constitution.html

<snip> Professor Juan Cole notes:

The Bill of Rights of the US Constitution is full of prohibitions on torture, as part of a general 18th century Enlightenment turn against the practice. The French Encyclopedia and its authors had agitated in this direction.

Two types of torture were common during the lifetimes of the Founding Fathers. In France, the judiciary typically had arrestees tortured to make them confess their crime. This way of proceeding rather tilted the scales in the direction of conviction, but against justice. Pre-trial torture was abolished in France in 1780. But torture was still used after the conviction of the accused to make him identify his accomplices.

Thomas Jefferson excitedly wrote back to John Jay from Paris in 1788:

“On the 8th, a bed of justice was held at Versailles, wherein were enregistered the six ordinances which had been passed in Council, on the 1st of May, and which I now send you. . . . By these ordinances, 1, the criminal law is reformed . . . by substitution of an oath, instead of torture on the question préalable , which is used after condemnation, to make the prisoner discover his accomplices; (the torture abolished in 1780, was on the question préparatoire, previous to judgment, in order to make the prisoner accuse himself by allowing counsel to the prisoner for this defence; obligating the judges to specify in their judgments the offence for which he is condemned; and respiting execution a month, except in the case of sedition. This reformation is unquestionably good and within the ordinary legislative powers of the crown. That it should remain to be made at this day, proves that the monarch is the last person in his kingdom, who yields to the progress of philanthropy and civilization.” </snip>

[DirkGently]

1. People spoiled by the fruits of civilization

... forget why we have these principles in the first place -- how hard we fought to establish that "the dark side" benefits no one. They think free speech, freedom of religion, freedom from unreasonable harassment or torture, are just givens. And they begin to imagine that cruelty and censorship and brutality are things "we" can never be guilty of; that they only happen to "bad people."

We are in a constant struggle against the devolution of humanity.

[99Forever]

2. Guess he wasn't informed that there are "serious reasons"...

... we can't pursue perpetrators of torture these days and see to it that they pay for their Crimes Against Humanity.

[Stuart G]

3. K and R...nt

[NuclearDem]

4. What sort of weak, cowardly, "blame America first" hippie is this "George Washington"?

[BillZBubb]

5. We've fallen a long way from George W. to george w.

From the "Father of his country" to an amoral, deceitful pip-squeak.

[AzDar]

6. K & R

[ArsSkeptica]

7. While I wholeheartedly endorse the sentiment expressed in the Washington macro...

...the quote, as presented, doesn't stand up to fact-checking.

The "quote" in the macro substitutes "[prisoner]" for "Canadian or Indian, in his Person or Property." Might he have meant Canadian or Indian prisoners, thus justifying the substitution? No. Context matters. Complete with whatever typographical errors may be presented in this copy from belief.net, here's the letter. It is well worth the read and speaks even more deeply to our present day attitudes to not only our enemies (real, imagined, self-created, or otherwise), but to those vast masses of innocent people among whom those enemies live and operate.

"p at Cambridge, September 14, 1775.

Sir: You are intrusted with a Command of the utmost Consequence sequence to the Interest and Liberties of America. Upon your Conduct and Courage and that of the Officers and Soldiers detached on this Expedition, not only the Success of the present Enterprize, and your own Honour, but the Safety and Welfare of the Whole Continent may depend. I charge you, therefore, and the Officers and Soldiers, under your Command, as you value your own Safety and Honour and the Favour and Esteem of your Country, that you consider yourselves, as marching, not through an Enemy's Country; but that of our Friends and Brethren, for such the Inhabitants of Canada, and the Indian Nations have approved themselves in this unhappy Contest between Great Britain and America. That you check by every Motive of Duty and Fear of Punishment, every Attempt to plunder or insult any of the Inhabitants of Canada. Should any American Soldier be so base and infamous as to injure any Canadian or Indian, in his Person or Property, I do most earnestly enjoin you to bring him to such severe and exemplary Punishment as the Enormity of the Crime may require.

Should it extend to Death itself it will not be disproportional to its Guilt at such a Time and in such a Cause: But I hope and trust, that the brave Men who have voluntarily engaged in this Expedition, will be governed by far different Views. that Order, Discipline and Regularity of Behaviour will be as conspicuous, as their Courage and Valour. I also give it in Charge to you to avoid all Disrespect to or Contempt of the Religion of the Country and its Ceremonies. Prudence, Policy, and a true Christian Spirit, will lead us to look with Compassion upon their Errors without insulting them. While we are contending for our own Liberty, we should be very cautious of violating the Rights of Conscience in others, ever considering that God alone is the Judge of the Hearts of Men, and to him only in this Case, they are answerable. Upon the whole, Sir, I beg you to inculcate upon the Officers and Soldiers, the Necessity of preserving the strictest Order during their March through Canada; to represent to them the Shame, Disgrace and Ruin to themselves and Country, if they should by their Conduct, turn the Hearts of our Brethren in Canada against us. And on the other Hand, the Honours and Rewards which await them, if by their Prudence and good Behaviour, they conciliate the Affections of the Canadians and Indians, to the great Interests of America, and convert those favorable Dispositions they have shewn into a lasting Union and Affection. Thus wishing you and the Officers and Soldiers under your Command, all Honour, Safety and Success, I remain Sir, etc."

http://www.beliefnet.com/resourcelib/docs/107/Letter_from_George_Washington_to_Benedict_Arnold_1.html

Also telling is the introductory text found at the above link:

"George Washington had dispatched Arnold on an important mission to secure support from Canadians. Under the Quebec Act, Great Britain had granted Catholics in Canada tremendous religious freedom. At first, the Continental Congress attacked the Quebec Act, but Washington pointed out that attacking Catholics would undermine their efforts to secure the support of the Catholic Canadians. Here he orders Arnold to get his troops to behave honorably toward the Catholic Canadians."