O
JUSTICE!
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Publication Information: Publication Title: This Is My Own. Rockwell Kent - author. Publisher: Duell, Sloan and Pearce. Place of Publication: New York. Page Number: 329. Publication Year: 1940.
It was on the day preceding the conclusion of the first trial that I arrived for the first time in Puerto Rico. And it was on the following day that, at the invitation of the genial Governor, I attended a cocktail party on the terrace of his mansion and heard of the framing of the second trial's jury. It was one thing to hear a prosecuting attorney for the state assert that for a trial not yet scheduled he had already picked the jury; it was another and more serious matter to learn, as I subsequently did, that the jury actually did include at least some of the names that I had heard. Quite regardless of the merits of the case, the second trial obviously was not fair. I put my evidence of this in affidavit form and sent it, for interment as it proved, to Washington. There in some filing cabinet it abides. And in the filing cabinet which is Atlanta's Federal prison, numbered and fingerprinted for reference, abides, and will abide for sixteen more years, Albizu Campos. This is no place, this book, to tell the story of the Spanish-American War, of our subsequent occupation of Puerto Rico in the name of freedom; of our repression in the name of freedom of the liberties which Spain had already--formally at least --granted; of our demoralization of their long-established culture and their farm economy; of our exploitation of their resources and the lives of their people. Puerto Rico is not "my own"; it isn't our own. It is the Puerto Ricans' native land. Nor are the principles by which we justify our tenure of it ours--not ours as Americans, as believers in democracy and freedom, in the right of "self-determination." That we may need Puerto Rico for the protection of our shores is another matter. It is doubtless essential to our security and the wellbeing of our sugar barons. We needed a chunk of Mexico: we went to war and got it. We needed the Panama Canal: we set up the Republic of Panama and got it. We need more land down there for self-defense: we've got or soon will get it. The U.S.S.R. needed the Karelian isthmus to protect Leningrad: they got it. Germany, to prosecute a war, needed Denmark and Norway and Holland and Belgium: she got them. England, to protect herself, needed the Faroe Islands: she got them as she has always got what she wanted. We're great go-getters, all of us. Maybe we ought to be: I don't know. But let us not be mealy-mouthed, moralizing hypocrites about it, nor, having got and kept, descend to Nazi inhumanity in our treatment of the conquered. What is ours, now, in Puerto Rico, is full responsibility for all that happens there. And for the tragic event at Ponce on Palm Sunday, March 21, 1937, we Americans in general and our island administration in particular are to blame. Of the strong movement for self-determination for Puerto Rico the Nationalist Party, of which the imprisoned Albizu Campos was the leader, was the most uncompromising and verbally intemperate faction. "Rabble" though Governor Winship termed them, they were largely recruited from the better educated classes and included many university students. Albizu Campos is himself a Harvard graduate in law. Some of the younger Nationalists, in the soldiering spirit of boy scouts, had organized what they termed the Army of Liberation, though their self-designation as an army seems to have been as unrelated to the actual bearing of arms as that of the Salvationists. But still they wear a kind of uniform--white pants, black shirt, and jaunty little caps; they drill; and on parade they carry sticks, like guns. Their girl friends, dressed in white, make up a nurses' corps. And what they all want, fervently, is Puerto Rico free. Parades on Palm Sunday
are customary in Puerto Rico. And this Palm Sunday in Ponce, the island's
second city, was to be no exception. It was a fine day for a parade: it
was spring, and the sky was blue; so people--men, women, and children
dressed in their Sunday best--began, as the mid-afternoon hour of parade
approached, to gather at that intersection of two streets which was to be
the starting point. And the "soldiers" by ones and twos began assembling
there. They were proud of their cause, proud of their uniforms; and their
white duck pants and the white uniforms and caps of the nurses were newly
washed and pressed. The police were there too; lots of them; uniformed,
cartridge-belted, and heavily armed with revolvers, carbines, rifles,
tear-gas bombs, and submachine guns. They're big men, the police of Puerto
Rico; and in the photographs there taken on that day they appear of giant
stature. The police were stationed at the intersection and in the four
arms of the cross of streets that formed it. They were there, of course,
to preserve order; and, it later appeared, to warn non-nationalists away
from the scene. One fallen man reached out and touched a wall. He wrote on it: "Viva la República"--"Down with the Assassins." Then he died. To determine the causes of the unfortunate affair the Civil Liberties Union promptly instituted an investigation. It was conducted, in Ponce, by that distinguished and fair-minded defender of civil liberties, Arthur Garfield Hays. The report of the investigation concludes: "The facts show that the
affair of March 21st in Ponce was a 'massacre." We are all believers in the theory of American justice; from 1920 to 1927, in the course of the trial of Sacco and Vanzetti and the fruitless agitation that followed it, we and the whole world became increasingly distressed and outraged by its perversion in practice. We watched a simple issue of fact be so stretched and distorted over a period of seven years as to involve at last the religion, morals, and political faith of half the people of the Western world, to end in the crucifixion through the most ignorant and brutal prejudice of a simple hearted fish peddler and a poor shoemaker. And now, in 1937, down in Puerto Rico, an isolated, remote, and little-visited outpost of the American empire, an administration alien to the inhabitants, dictatorial in Its control of them and absolute in Its control of the channels of news to our continent, was to begin the prosecution in Its court, before Its judge, by Its attorneys, of twelve of Its outspoken enemies charged with murderous affront to Its own majesty. "I'll be judge,
I'll be jury," As in the case of Sacco and Vanzetti, the true issue at Ponce was purely one of fact. And as in that case, the prosecution, lacking completely all direct evidence against the defendants, confronted on the other hand with the most damning eyewitness and photographic evidence of official provocation and murder, resorted to the establishing of such political prejudice in the minds of the jurymen as might sway them to convict. It was therefore open to the defense, and expedient for them, to introduce against the prosecution whatever testimony to official prejudice and injustice the court would admit. Of that nature, and fully as relevant to the case as much of the atmosphere which the prosecution had introduced, was my knowledge of the framing of the Albizu Campos jury. I was asked by the defense counsel to go to Puerto Rico and testify. Having already planned a plane trip to Brazil that would take me en route to Puerto Rico, and at just the time that I was wanted there, I promptly accepted. Leave New York in the
evening; tilt back your chair, stretch out your legs, and sleep. And in
the gray dawn wake up in Miami. Shall we ever get accustomed to the wonder
of it? Prompt to greet me in the Pan-American waiting room was an
acquaintance of my earlier Puerto Rican visit, the marshal of the United
States Federal Court in Puerto Rico. Good fellow; I liked him, and still
do. And he was glad to see me again, and glad we'd be together on the long
day's trip to the island. We found a seat together on the plane and
settled ourselves in comfort. They removed the gangplank, closed the
hatch; the propellers roared, the ship moved from the wharf and taxied
down the wind; it came about. There was a moment's pause, and for all of
us an expectant tension like that of runners at the starting line. Then
with a renewed and deafening roar of the propellers and a tearing of the
sea against our sides we leapt ahead. Faster and louder, pounding on the
wave crests, and the bow wave mounting high against the windowpanes; then
almost suddenly the wave dropped down, the tearing sound subsided, the
pounding stopped; smoothly upon our motionless wings we soared away. It was a beautiful
morning, and the purple shadows of the scattered clouds spotted the light
green of the shallow sunlit sea. It was nice to look out of the window,
and it was nice to chat with my good friend, the marshal. "Yes, sir," said
the marshal. "I'm going to talk to you as a friend. I like you; liked you
the minute I first saw you. And I'm not going to let you get into any
trouble. Now listen: Don't leave the plane at Puerto Rico. If you do, your
life will be in danger the minute you set foot on land." The marshal's arguments
against the Nationalists and the men on trial at Ponce were unfortunately
wasted upon me. I didn't know much about the Nationalists, and I cared
less. I knew little then about the case of the defendants at Ponce, and
its merits would not qualify my giving evidence against a Federal
prosecutor. Why hadn't someone superior to him in authority seen to it
long ago that I was called as a witness against him? Why did only the
Nationalists want the truth? "And look here: just who is it that's going
to kill me? Not the Nationalists, for I'm their witness. You don't mean to
tell me that the police, or the government forces, or the angelic, peace
loving 'best people' of Puerto Rico would do it? Just who are these
gangsters who would kill a witness against the state?" What was the
marshal's own motive? He was unquestionably too good a man to lend himself
to the intimidation of a witness. Yet either it was that, or--quite
unthinkable--knowing Puerto Rico, he really thought the partisans of those
in power would murder me. Dear marshal, take your choice. The inspector stamped my bag. I shut it, picked it up, patted the good marshal on the back, strode to the waiting room door, opened it, walked through, and let it shut behind me--and found myself confronted, and in a moment surrounded, by a clapping, cheering crowd. And when five minutes later, the crowd again clapping and cheering at the conclusion of one of the several addresses of welcome that were made to me, the door behind me opened to admit the marshal, he took one hasty look around, and like a kitten that had strayed into a pack of terriers, scurried for the friendly cover of the great outdoors. "So long!" I waved to him. The banquet that was
tendered me that night was not at the fashionable Condado Hotel. And the
marshal was not at the banquet. Neither, for that matter, was Governor
Winship, nor any administration official, nor a single representative of
the great Puerto Rican sugar interests. Not one of these was there
--except by proxy. By proxy all were there. These well-met guests by
proxy at my banquet! Life sometimes really is just like a book. A few miles from Ponce, high in the mountains, was the coffee estate of that fine liberal, Don Andreas, who was to be our host. Up narrow, steep, and tortuous roads we drove there, to find ourselves at last in a scene as utterly remote from that unhappy world whose troubles were the occasion of my visit as though an ocean or a thousand miles of wilderness were in between. Why any more than I should Don Andreas be involved in what went on below? And what had all his cultured guests of that week end to do with it--men of various occupations and interests and of all the insular political parties? They had met there, and were as one, as all good men will meet as one when they're confronted by a common enemy. That common enemy was then injustice. That the power behind it was the American administration, and that the same power had been behind other acts of injustice which had brought good Puerto Ricans together, may suggest to us why so many Puerto Ricans, loving justice, desire to be free. The spirit of independence that is alive in Puerto Rico today is no mushroom growth engendered by the people's recent sufferings. It was born many generations ago of just such grievances against their kings who governed them from overseas as had brought the American colonists to sever their allegiance to King George. The Puerto Ricans, too, had won. Shortly before the outbreak of the Spanish-American War, Luis Muñoz Rivera, frequently termed the George Washington of Puerto Rico, returned from Spain with a royal charter granting self-government to the island. The charter we, by force, could nullify; and did. The spirit that had fought for it lived on. The will to freedom and the faith in it which had actuated Muñoz Rivera lived on, that week end in the mountains above Ponce, in the heart and mind of his son, Luis Muñoz Marin, and in the hearts and minds of all who were assembled there. United though they all were in the defense of the Nationalists on trial, the majority, including Muñoz Marin, were far more temperate than the fire-eating Nationalists--more temperate, one was reminded, than the fathers of our own country had shown themselves to be against much smaller grievances. I was reminded of our Revolutionary fathers by the high character of the men and the patriotic fervor of their discussion of the problems of their unhappy country. So must it have been, I thought, in our pre-Revolutionary days. And here and there in America, wherever representatives of the maligned and hunted patriotic minorities are gathered together, so is it now; I know, for I have sat with them. And if the grievances of millions of Americans today (and who will deny them!) are neither foreign nor to be personified in a king, the need of their redress through more democracy is as deeply felt as in the period of our country's birth. Thank God for that! "If you go to Ponce there will be another massacre," the marshal had warned me. I thought of this as we approached the courthouse, for the preparations for a second auto-da-fé were as complete as a well-organized and -equipped police could make them. It would be hard to say whether the show of force that had been staged would more provoke the masses or intimidate them. Or whether fear--well justified!--or just plain peacefulness and self-restraint prevented someone, somewhere, somehow starting something. But no disturbance--any time throughout the trial--occurred. We were halted at the door of the courthouse by the police guard stationed there, and while our names were recorded in their guest book we were searched for hidden arms. "Frisked" is the expression, I believe; and in some usage the word means, if the dictionary is correct, "to move sportively, gambol." That, with their fingers, they somewhat offensively did. So that when they'd lingered quite long enough about one part of me, I was moved to remark: "That, gentlemen, is an instrument for the creation of life, not for its destruction." Finished with the police, we mounted a long flight of stairs and entered the courtroom; and--if a buzz of excited interest and eager friendly looks from everyone mean what they should--found ourselves in the midst of an entirely sympathetic populace. After being presented to the twelve defendants I took the place assigned to me among the lawyers for the defense. The jury filed in and got seated. And then, after the perfunctory "Oyez! Oyez! Oyez!" by the clerk, the door again opened, and--God save us all!--in stalked the very living incarnation of a Daumier judge. Defendants, cross yourselves! After a few preliminaries I was put upon the stand, in which elevated position I was to remain for three long hours while counsel fought about my presence there. Seduction, slander, and intimidation: the government's repertory of tricks for the obstruction of justice was far from exhausted. Naïvely enough, it was permitted to be published in the press that the prosecuting attorney in the Ponce trial had been in hours-long conference the night before with the very Federal prosecutor of San Juan against whom I had come to testify. They had decided, the press announced, that I would not be allowed to speak. (They have a way, it seems, of settling such things in advance.) I wasn't. With such an outcome all arranged, it seemed unnecessary to spread the additional report that if I did testify I would immediately be put under arrest. I have no doubt they had the warrant all prepared. But no sooner had the defense stated the general purport of my evidence than, upon objection to it by the prosecutor, the jury was sent from the room. Now let the histrionic fun begin. If the proceedings had not been in Spanish, I might have enjoyed them more. I may not doubt that many brilliant and delightful things were said. That the prosecutor didn't like me and wanted nobody in the court to like me, or God, for that matter, to have any mercy on me now or on my soul hereafter, I concluded from the ferocity of his mien and the extreme unpleasantness of his impassioned features as now and again he'd thrust them in my grinning teeth. I had to grin. When it is not unutterably boring, there is nothing more ludicrous than the pump-handle style of oratory. Nor is there anything more disconcerting to an angry fool than laughter in his face. Even at that, I did get bored; and I happily found some solace in watching four young fellows at athletic exercises in a field adjacent to the court and clearly visible to me on my exalted throne. Do only poets
really know that it is not romantic fantasy that finds a closeness of
relationship between the good and the beautiful? Don't we find truth as
well as beauty in those lines, that we have come to love them so? And
isn't it a common experience that one can speak most movingly of what one
feels to be most true? The voice of conscience, is it loud? At any rate,
the ranting, cheap, bad oratory of the prosecutor did seem to me
appropriate to an evil cause and in harmony with those methods for the
advancement of that cause which I had come to know without equivocation to
be villainous. And when out of the blessed silence that succeeded one full
hour of histrionic noise I heard the gentle, modulated tones of the young
Negro attorney for the defense, I felt--though I still couldn't
understand--that I was listening to the truth. Still--as I write this-I
recall that voice as for an hour at least I heard it in that breathless
court. In cadences that were responsive to his thought, with a fervor that
was heightened by his quiet utterance, he touched through sound alone the
full gamut of my own emotions. His countrymen who packed the court, who
heard and understood his words and felt with him his cause, sat
spellbound. Only the judge--I watched that irreproachable, judicial
mask--showed nothing. And at the solemn conclusion of the address, at a
moment when it would have been emotionally appropriate for a cathedral
organ to play a great recessional and for all--the people, lawyers, judge,
and prisoners--hand in hand to file out to freedom, he merely, in a voice
like the crackling of paper at a quiet moment of a symphony concert,
denied the defense. That settled that. Except that another of the defense
counsel proceeded in a most businesslike and efficient way to put my whole
testimony, as I had previously given it to him, upon the record and into
the cars of the people of Puerto Rico. |