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A Power Governments Cannot Suppress

An excerpt from Howard Zinn's new book -- a collection of essays on history, class and the strength of ordinary citizens -- explores the unfair trial of Sacco and Vanzetti and the flawed justice system that still haunts us today.
 
 
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Fifty years after the executions of Italian immigrants Sacco and Vanzetti, Governor Dukakis of Massachusetts set up a panel to judge the fairness of the trial, and the conclusion was that the two men had not received a fair trial. This aroused a minor storm in Boston.

One letter, signed John M. Cabot, U.S. Ambassador Retired, declared his "great indignation" and pointed out that Governor Fuller's affirmation of the death sentence was made after a special review by "three of Massachusetts' most distinguished and respected citizens -- President Lowell of Harvard, President Stratton of MIT and retired Judge Grant."

Those three "distinguished and respected citizens" were viewed differently by Heywood Broun, who wrote in his column for the New York World immediately after the Governor's panel made its report. He wrote:

It is not every prisoner who has a President of Harvard University throw on the switch for him .... If this is a lynching, at least the fish peddler and his friend the factory hand may take unction to their souls that they will die at the hands of men in dinner jackets or academic gowns.
Heywood Broun, one of the most distinguished journalists of the twentieth century, did not last long as a columnist for the New York World.

On that fiftieth year after the execution, The New York Times reported that: "Plans by Mayor Beame to proclaim next Tuesday 'Sacco and Vanzetti Day' have been canceled in an effort to avoid controversy, a City Hall spokesman said yesterday."

There must be good reason why a case fifty-years-old, now over seventy-five years old, arouses such emotion. I suggest that it is because to talk about Sacco and Vanzetti inevitably brings up matters that trouble us today -- our system of justice, the relationship between war fever and civil liberties, and most troubling of all, the ideas of anarchism: the obliteration of national boundaries and therefore of war, the elimination of poverty, the creation of a full democracy.

The case of Sacco and Vanzetti revealed, in its starkest terms, that the noble words inscribed above our courthouses "Equal Justice Before the Law" have always been a lie. Those two men, the fish peddler and the shoemaker, could not get justice in the American system -- because justice is not meted out equally to the poor and the rich, the native-born and the foreign-born, the orthodox and the radical, the white and the person of color. And while injustice may play itself out today more subtly and in more intricate ways than it did in the crude circumstances of the Sacco and Vanzetti case, its essence remains.

In their case, the unfairness was flagrant. They were being tried for robbery and murder, but in the minds, and in the behavior of the prosecuting attorney, the judge, and the jury, the important thing about them was that they were, as Upton Sinclair put it in his remarkable novel Boston, "wops," foreigners, poor workingmen, radicals.

Here is a sample of the police interrogation:

Police: Are you a citizen?

Sacco: No.

Police: Are you a Communist?

Sacco: No.

Police: Anarchist.

Sacco: No.

Police: Do you believe in this government of ours?

Sacco: Yes, Some things I like different.
What did these questions have to do with the robbery of a shoe factory in South Braintree, Massachusetts, and the shooting of a paymaster and a guard?

Sacco was lying, of course. No, I'm not a Communist. No, I'm not an anarchist. Why would he lie to the police? Why would a Jew lie to the Gestapo? Why would a black in South Africa lie to his interrogators? Why would a dissident in Soviet Russia lie to the secret police? Because they all know there is no justice for them.

Has there ever been justice in the American system for the poor, the person of color, the radical? When the eight anarchists of Chicago were sentenced to death after the Haymarket riot (a police riot, that is) of 1886, it was not because there was any proof of a connection between them and the bomb thrown in the midst of the police -- not a shred of evidence. It was because they were leaders of the anarchist movement in Chicago.

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