30
posted ago by EarlBroadHill2 ago by EarlBroadHill2 +30 / -0

Summary of chapter, explaining his criticisms of the trials and how the Democrats tried to "cancel" Taft.

In October of 1946, Senator Robert A. Taft of Ohio was the chief spokesman for the Republicans in Washington, the champion of his party in the national political arena and the likely Republican nominee for the Presidency in 1948.

[Taft] was disturbed by the war crimes trials of Axis leaders, then concluding in Germany and about to commence in Japan. The Nuremberg Trials, in which eleven notorious Nazis had been found guilty under an impressively documented indictment for “waging an aggressive war,” had been popular throughout the world and particularly in the United States. Equally popular was the sentence already announced by the high tribunal: death.

But what kind of trial was this? “No matter how many books are written or briefs filed,” Supreme Court Justice William O. Douglas has recently written, “no matter how finely the lawyers analyzed it, the crime for which the Nazis were tried had never been formalized as a crime with the definiteness required by our legal standards, nor outlawed with a death penalty by the international community. By our standards that crime arose under an ex post facto law. Goering et al. deserved severe punishment. But their guilt did not justify us in substituting power for principle.”

On October 6, 1946, Senator Taft appeared before a conference on our Anglo-American heritage, sponsored by Kenyon College in Ohio. The war crimes trial was not an issue upon which conference speakers were expected to comment. But titling his address “Equal Justice Under Law,” Taft cast aside his general reluctance to embark upon startlingly novel and dramatic approaches. “The trial of the vanquished by the victors,” he told an attentive if somewhat astonished audience, “cannot be impartial no matter how it is hedged about with the forms of justice.”

I question whether the hanging of those, who, however despicable, were the leaders of the German people, will ever discourage the making of aggressive war, for no one makes aggressive war unless he expects to win. About this whole judgment there is the spirit of vengeance, and vengeance is seldom justice. The hanging of the eleven men convicted will be a blot on the American record which we shall long regret.

In these trials we have accepted the Russian idea of the purpose of trials—government policy and not justice—with little relation to Anglo-Saxon heritage. By clothing policy in the forms of legal procedure, we may discredit the whole idea of justice in Europe for years to come. In the last analysis, even at the end of a frightful war, we should view the future with more hope if even our enemies believed that we had treated them justly in our English-speaking concept of law, in the provision of relief and in the final disposal of territory.

The speech exploded in the midst of a heated election campaign; and throughout the nation Republican candidates scurried for shelter while Democrats seized the opportunity to advance. Many, many people were outraged at Taft’s remarks.

The Democrats, however, were jubilant—although concealing their glee behind a façade of shocked indignation.

For Robert Taft had spoken, not in “defense of the Nazi murderers” (as a labor leader charged), not in defense of isolationism (as most observers assumed), but in defense of what he regarded to be the traditional American concepts of law and justice. As the apostle of strict constitutionalism, as the chief defense attorney for the conservative way of life and government, Robert Alphonso Taft was undeterred by the possibilities of injury to his party’s precarious position or his own Presidential prospects. To him, justice was at stake, and all other concerns were trivial.

The storm raised by his speech eventually died down. It did not, after all the uproar, appear to affect the Republican sweep in 1946, nor was it—at least openly—an issue in Taft’s drive for the Presidential nomination in 1948. The Nazi leaders were hanged, and Taft and the country went on to other matters. But we are not concerned today with the question of whether Taft was right or wrong in his condemnation of the Nuremberg trials. What is noteworthy is the illustration furnished by this speech of Taft’s unhesitating courage in standing against the flow of public opinion for a cause he believed to be right. His action was characteristic of the man who was labeled a reactionary, who was proud to be a conservative and who authored these lasting definitions of liberalism and liberty.

The storm raised by his speech eventually died down. It did not, after all the uproar, appear to affect the Republican sweep in 1946, nor was it—at least openly—an issue in Taft’s drive for the Presidential nomination in 1948.

This last phrase is interesting to be compared with the Wikipedia summary.

Robert A. Taft, from Ohio, for criticizing the Nuremberg Trials for trying Nazi war criminals under ex post facto laws. Counter-criticism against Taft's statements was vital to his failure to secure the Republican nomination for president in 1948.