Speeches by Chesterfield - Vol. VIII, 124-137. 1974-1975

VOLUME VIII ,-.

I; i S!:;5PEECH NUMBER tl A TITLE OR GROUP A DDRSSED
..1. ...

*.#124

,: #125:4
.,i :.. 12E

II -

S-.: ....:

-.:BOISE, IDAHO BAR ASSOCIATION .
Boise, Idaho :
T ly 24, 1974

THE DEBRIS OF THE VIETNAM WAR
AND iTHE OBLIGATION OF THE LEGAL
PROFESSION -
.OPENING ASSEMBLY ABA ANNUAL
MEETING A
Honolulu, Hawaii
'Atriust 12, 1974'

#126 TH DEBRIS *OF THE VI-ETNAM WAR
AN SD WATERGATE -,
i'FLORIDA IDISTRICt OF KIWANIS CONVENTION -
Lake Buena Vista, flor6ida
September 6, 1974

#127

~ #12 8

#129

THE DEBRIS OF THE VIETNAM WAR
.. :' 'AND WATERGATE -
J?.C SONVILLE RQTARY CLUB
I Jackso;fwille Fioiida.
Sept'eiber 23,- 1974

. .:. HARTFORD COUNTY MEDICAL ASSOCIATION '
:' Ha ford, Connecticut
o : Otober 2, 1974

S .,. ..':..: THE DEBRIS OF THE VIETNAM WAR
AlND :.WATERGATE -
-': ,. DEAN'S DAY -,NEW YORK UNIVERSITY
.SCHOOL OF LAW -
New York City
SOctober. 26, 1974

Cti)

iirl

A

VOLUME VIII (cont.)

SPEECH NUMBER'

#13-0

#t131

#132

#133

3-< y yLt (

#134 -

^ 4 A,

St

#135

#136

TITLE OR GROUP ADDRESSED

RANDOM WANDERINGS THROUGH THE
PIG-TRAILS OF LAWYER.RESPONSIBILITY -
STANFORD LAW SCHOOL -
Stanford, California
November 8, 1974

THE DEBRIS OF THE VIETNAM WAR
AND WATERGATE -
LAKE PLACID CHAMBER OF COMMERCE -
Lake Placid, Florida
November 21, 1974

CITY OF MIAMI COMMITTEE ON
ECOLOGY AND BEAUTIFICATION -
Miami, Florida
November 22, 1974

THE BAR ASSOCIATION OF THE
DISTRICT OF COLUMBIA -
Washington, D. C.
December 7, 1974

THE DEBRIS OF THE VIETNAM WAR
AND WATERGATE -
THE MEMPHIS ROTARY CLUB -
Memphis, Tennessee
December 10, 1974

NINTH ANNUAL INSTITUTE ON
ESTATE PLANNING -
Miami Beach, Florida.
January 9, 1975

INVESTITURE OF ARTHUR ENGLAND,
SUPREME COURT OF :FLORIDA -
Tallahassee, Florida
January 8, 1975

VOLUME VIII (cont.)

SPEECH NUMBER TITLE OR GROUP ADDRESSED

#137 RANDOM WANDERINGS DOWN THE PIG-
TRAILS OF PROFESSIONAL RESPONSIBILITY -
INSTITUTE OF CONTINUING LEGAL
EDUCATION APPRECIATION DINNER -
Ann Arbor, Michigan
February 14, 1975

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 124

VOLUME VIII

ADDRESS BY:

BEFORE:

PLACE:

DATE:

CHESTERFIELD SMITH, PRESIDENT

AMERICAN BAR ASSOCIATION

BOISE, IDAHO BAR ASSOCIATION

BOISE, IDAHO

WEDNESDAY, JULY 24, L974
6:30 P.M.

TIME: 20 MINUTES

DURING MY PROFESSIONAL LIFE, IT HAS ALWAYS SEEMED EVIDENT

TO ME THAT LAWYERS BEAR A SPECIAL RESPONSIBILITY TOWARD THE

PRESERVATION OF A FREE AND DEMOCRATIC GOVERNMENT, AS OFFICERS

OF THE COURT, LAWYERS ABOVE ALL OTHERS SHOULD JEALOUSLY DEFEND AND

PROMOTE THE RULE OF LAW WITHOUT WHICH AN ORDERLY AND A FREE SOCIETY

CANNOT EXIST, WITHOUT LAW, THERE IS NO LIBERTY, AND WITHOUT LIBERTY,

THERE WOULD BE NO LAWYERS AS WE IN THE UNITED STATES HAVE KNOWN

LAWYERS, FOR THAT REASON, AS A SPOKESMAN FOR THE LEGAL PROFESSION,

I WISH NOW BRIEFLY TO DISCUSS WITH YOU MATTERS SURROUNDING BUT

NOT NECESSARILY DIRECTLY CONNECTED WITH THE CASE DECIDED TODAY BY

THE SUPREME COURT OF THE UNITED STATES ENTITLED "UNITED STATES OF

AMERICA VERSUS RICHARD M, NIXON, PRESIDENT OF THE UNITED STATES.

THE TITLE, ITSELF, CONNOTES THE IMPORTANCE OF THIS MOST MAJOR OF

CONSTITUTIONAL CONFRONTATIONS,

IT SEEMS TO ME THAT MY COMMENTS TO-DAY ABOUT THIS CASE WILL

TRANSCEND THE USUAL CONSIDERATIONS TIED TO CONJECTURES OF WHETHER

THE SUPREME COURT PROPERLY DECIDED A PARTICULAR ISSUE, FOR IMPLICIT

IN THE ENTIRE CASE IS THE UNQUESTIONED RAW POWER OF ONE PARTY THE

PRESIDENT TO NULLIFY THE SUPREME COURT'S INTERPRETATION OF THE

-2-

CONSTITUTION FIRST, BY TERMINATING, IF THAT TERMINATION IS DONE

IN A LAWFUL MANNER THE OFFICIAL POSITION OF THE OTHER PARTY THE

SPECIAL PROSECUTOR; AND SECOND, BY FAILING PROMPTLY TO COMPLY WITH

THE RULING OF THE SUPREME COURT IF HE THE PRESIDENT DETERMINES

THAT SUCH DECISION WAS ADVERSE TO HIS PERSONAL INTEREST.

IN REVIEW, THE AMERICAN BAR ASSOCIATION LAST FALL PRESENTED

TO THE CONGRESS THE REQUEST FOR THE ESTABLISHMENT OF THE OFFICE OF

SPECIAL WATERGATE PROSECUTOR AS AN INDEPENDENT ENTITY SEPARATE FROM

THE EXECUTIVE BRANCH OF GOVERNMENT. AS YOU WILL REMEMBER, THIS

RECOMMENDATION WAS AFTER THE NOW INFAMOUS "SATURDAY NIGHT MASSACRE"

WHEN PRESIDENT NIXON FIRED ARCHIBALD COX AND WILLIAM RUCKELSHAUS

AND PRECIPITATED THE RESIGNATION OF ELLIOT RICHARDSON.

: AS I SEE IT, THE ASSOCIATION'S POSITION AT THAT TIME WAS

BASED UPON FOUR SIMPLE, YET SELF-EVIDENT PROPOSITIONS: FIRST,

THE RULE OF LAW APPLIES TO ALL CITIZENS WITHOUT EXCEPTION; SECOND

LAW ENFORCEMENT INVESTIGATIONS AND CRIMINAL PROSECUTION PROCEDURES

UNDER THAT RULE OF LAW REQUIRE SERVERANCE AND INDEPENDENCE AS

-3-

& BETWEEN THE SUBJECT OF THE INVESTIGATION AND THE

INVESTIGATOR; THIRD, PROSECUTORIAL INDEPENDENCE MEANS AT

THE MINIMUM THAT NEITHER THE APPOINTMENT NOR TENURE OF THE

PROSECUTOR NOR THE SCOPE OF THE INVESTIGATION, INCLUDING

THE LINES OF EVIDENCE TO BE PURSUED, SHALL BE CONTROLLED IN

ANY WAY BY THE SUBJECT UNDER INVESTIGATION; FOURTH, SHOULD

ANY CONTROVERSY RELATING TO THE SCOPE OR PROPRIETY OF A

PARTICULAR PROSECUTORIAL PROCEDURE OR OBJECTIVE ARISE BETWEEN

THE LAW ENFORCEMENT AUTHORITY AND ANY SUBJECT OF INVESTIGATION,

THE RESOLUTION OF THE DISPUTE IS FOR THE COURTS,

THOSE FOUR PROPOSITIONSLIN MY OPINION, WERE AND

STILL ARE IN SUBSTANTIAL ACCORD WITH THE SPIRIT AND

OBJECTIVES OF THE PROSECUTORIAL FUNCTION IN OUR CONSTITUTIONAL

SYSTEM OF JUSTICE APPLICABLE FULLY AT BOTH THE STATE AND

NATIONAL LEVEL. UNDERLYING BOTH THE ABA CODE OF PROFESSIONAL

RESPONSIBILITY AND THE ABA STANDARDS FOR CRIMINAL JUSTICE

IS THE PREMISE THAT A LAWYER A PROSECUTOR SHOULD HAVE NO

CONFLICT OF INTEREST OR THE APPEARANCE OF A CONFLICT OF INTEREST.

IT SEEMS CLEAR TO ME THAT IT WAS THUS THE DESIRE AND GOAL

OF THE AMERICAN BAR ASSOCIATION WHEN IT ASKED FOR THE CREATION

BY THE CONGRESS OF THE OFFICE OF A SPECIAL WATERGATE PROSECUTOR -

THAT A MAN COMPLETELY INDEPENDENT OF THE PARTISAN INFLUENCE -

OR THE APPEARANCE OF PARTISAN INFLUENCE OF PRESIDENT RICHARD

NIXON BE SELECTED TO PROSECUTE WATERGATE WHEREVER IT MIGHT

LEAD. IT IS EQUALLY CLEAR THAT IN THE MINDS OF AT LEAST A

SUBSTANTIAL NUMBER OF AMERICANS PRESIDENT RICHARD NIXON WAS

QUITE POSSIBLY A MEMBER OF A CRIMINAL CONSPIRACY TO OBSTRUCT

JUSTICE BY COVERING-UP WATERGATEI AS I SEE IT, THE ASSOCIATION,

WITHOUT REGARD TO THE INNOCENCE OR GUILT OF THE PRESIDENT,

RECOGNIZED THAT A SPECIAL WATERGATE PROSECUTOR WITH COMPLETE

INDEPENDENCE FROM THE PRESIDENT, SHOULD BE ALLOWED TO INVESTIGATE

THIS ENTIRE MESS. OTHERWISE, EVEN IF JUSTICE BE DONE, IT WOULD

-5-

NOT APPEAR TO MILLIONS OF OUR CITIZENS THAT JUSTICE HAD BEEN

DONE AND THAT WOULD BE EQUALLY TRUE WHETHER PRESIDENT NIXON

WAS SUBSEQUENTLY DETERMINED TO BE EITHER INNOCENT OR GUILTY.

IT SEEMED TO THE ASSOCIATION THAT IN THIS MATTER IT WAS

PARTICULARLY IMPORTANT THAT JUSTICE BE DONE AND THAT JUSTICE

APPEAR TO BE DONE,

IN THE CASE DECIDED TODAY BY THE SUPREME COURT, THE

PRESIDENT WAS APPEALING FROM A RULING OF THE DISTRICT COURT

REQUIRING HIM TO HONOR A SUBPOENA FOR DOCUMENTS UNDER HIS

SOLE CONTROL WHICH SPECIAL WATERGATE PROSECUTOR LEON JAWORSKI

FEELS ARE NEEDED IN THE FORTHCOMING WATERGATE COVER-UP

CRIMINAL TRIALS.

THIS PRESIDENT NIXON CERTAINLY HAD THE RIGHT TO DO,

AND THIS HE UNQUESTIONABLY SHOULD HAVE DONE IF HE BELIEVED

THAT THE CONSTITUTIONAL PREROGATIVES OF HIS OFFICE WOULD BE

JEOPARDIZED BY HIS COMPLIANCE WITH THE ORDER OF THE LOWER

-6-

COURT. IN FACT, IT SEEMS VERY CLEAR TO ME THAT MOST

CONSTITUTIONAL SCHOLARS WOULD SAY THAT THE PRESIDENT,

THROUGH HIS LAWYER, JAMES ST. CLAIR, PRESENTED HIS

POSITION OF AN ABSOLUTE CONSTITUTIONAL PRIVILEGE TO

THE SUPREME COURT IN A FORTHRIGHT AND ABLE MANNER.

BUT THE VALIDITY OR INVALIDITY OF THE PRESIDENT'S

CLAIM OF AN ABSOLUTE PRESIDENTIAL PRIVILEGE, A CLAIM THAT

HE MAY WITHHOLD MATERIAL EVIDENCE SUBPOENAED BY THE COURT

MERELY ON HIS OWN ASSERTION THAT THE EVIDENCE SOUGHT IN

THE PENDING CRIMINAL CONSPIRACY PROSECUTION AGAINST HIS

FORMER AIDS AND ASSOCIATES INVOLVED CONFIDENTIAL GOVERNMENTAL

DELIBERATIONS, IS NOT MY CONCERN TODAY, FOR THAT HAS NOW BEEN

SETTLED ONCE AND FOR ALL BY THE SUPREME COURT'S DECISION,

INSTEAD, FIRST I WANT AGAIN TO RE-ITERATE THAT

INDISPUTABLY THE UNITED STATES OF AMERICA IS A NATION RULED

-7-

BY LAW AND NOT BY MEN. WE ARE NOT A KINGDOM NOR DE WE HAVE

A KING, WE HAVE NEVER RECOGNIZED THE DIVINITY OF OUR LEADERS

NOR SHALL WE EVER IN THIS NATION OF THE FIERCELY FREE. LAWS

ARE MADE ONLY UNDER THE CONSTITUTION THAT WE THE PEOPLE ADOPTED,

PRESIDENT NIXON, OF COURSE, COMPLETELY AGREES WITH THAT POSITION,

BfT HAS ONLY RAISED WHAT HE ASSERTED TO BE HIS PROPER

CONSTITUTIONAL DUTIES, I AM SURE THAT HE, TOO, RECOGNIZES

THAT THIS NATION OF LAW BUTTRESSED ON THE CONSTITUTION -

HAS REACHED ITS PRESENT DESTINY BECAUSE OUR CITIZENS HAVE

CHERISHED ABOVE ALL A CONCERN FOR ORDERED LIBERTY. UNDER OUR

CONSTITUTION, ALL MEN REGARDLESS OF POSITION HAVE ALWAYS

BEEN REQUIRED TO FOLLOW THE LAW WHETHER THEY AGREE WITH

THE LAW OR NOT AND THAT HAS ALWAYS INCLUDED THE PRESIDENT.

TODAY IN A MOST DRAMATIC WAY THE SUPREME COURT RE-AFFIRMED

THOSE PRINCIPLES,

-8-

WE HAVE UNDER OUR CONSTITUTION THREE GREAT SEPARATE

EQUAL DIVISIONS OF GOVERNMENT: THE EXECUTIVE, THE CONGRESSIONAL,

AND THE JUDICIAL BRANCHES. EACH OF THEM HAVE CERTAIN SPECIFIED

FUNCTIONS, THEY ARE ENTITLED TO DISCHARGE THOSE FUNCTIONS

AND WHEN DOING SO --TO INTERPRET THEIR OWN CONSTITUTIONAL

DUTIES.

WHEN THOSE FUNCTIONS INEVITABLY OVERLAP, EACH BRANCH

HAS TRADITIONALLY TRIED TO ACCOMMODATE ITS OWN POSITION SO

AS TO AVOID A CONFRONTATION WITH EITHER OF THE OTHER BRANCHES.

USUALLY THIS IS ACCOMPLISHED, BUT UNFORTUNATELY NOT ALWAYS.

SO THROUGHOUT OUR CONSTITUTIONAL HISTORY, THE COURTS IN

JUSTICIABLE CONTROVERSIES BEFORE THEM CONSISTENTLY HAVE
EXERCISED THE FINAL RIGHT TO1:DETERMINE IN BEHALF OF THE

PEOPLE WHETHER ACTS BY THE HIGHEST OFFICIALS OF EACH OF

THE OTHER BRANCHES OF GOVERNMENT WERE COMMITTED IN ACCORDANCE

WITH THE CONSTITUTION. THAT CONSTRUCTION OF THE CONSTITUTION

BY THE COURTS AND PARTICULARLY BY THE SUPREME COURT -

-9-

ULTIMATELY HAS BEEN ACCEPTED IN EVERY INSTANCE OF OUR NATIONAL

HISTORY BY EVERY PRESIDENT OF THE UNITED STATES, BY THE

CONGRESS, BY EVERY JUDGE AND LAWYER AND TO MY KNOWLEDGE AND

BELIEF, BY ALMOST EVERY SINGLE ONE OF OUR CITIZENS EVEN

THOUGH MANY INCLUDING BOTH PRESIDENTS AND. MEMBERS OF THE

CONGRESS AS WELL AS LARGE SEGMENTS OF OUR CITIZENRY OVER

THE YEARS IN PARTICULAR INSTANCES HAVE NOT BEBI BDTiRAT

SUCH CONSTRUCTION WAS CORRECT. WHEN THE GREAT BRANCHES

OF GOVERNMENT DISAGREE, THE MAJESTY AND VIABILITY OF OUR

COUNTRY HAS BEEN THAT ALL HAVE HISTORICALLY RECOGNIZED THAT

THE CONSTITUTION CONTROLS AND THAT THE ULTIMATE AND FINAL

ARBITRATOR OF DIFEEEENCES OR DISPUTES AS TO WHAT THE CONSTITUTION

MEANS IS THE SUPREME COURT OF THE UNITED STATES. THE CONSTITUTION,

AS CONSTRUED BY THE COURTS, REMAINS SUPREME AND IT HAS TO BE

SUPREME IF WE AS A PEOPLE FREE FROM BOTH DICTATORSHIP AND

-10-

GOVERNMENTAL CHAOS ARE TO SURVIVE AS AN INDIVISIBLE REPUBLIC.

OFTEN IN OUR NATION'S HISTORY, MANY OF OUR PEOPLE HAVE DISAGREED

WITH THE SUPREME COURT'S DECISION IN CONNECTION WITH PARTICULAR

GOVERNMENTAL ACTIONS THAT WERE HAPPENING, AND AT SUCH TIMES

PRESIDENTS, CONGRESSMEN, AND SENATORS REPEATEDLY HAVE SAID, -

WITHOUT REAL DISPUTE FROM THE PODIUM, PULPIT AND THE PUBLIC

PLATFORM, THAT THE RULE OF LAW ANNOUNCED THROUGH CONSTITUTION

INTERPRETATION BY THE SUPREME COURT OF THE UNITED STATES WAS

THE LAW OF THE LAND AND THUS BINDING UPON EVERY CITIZEN -

BINDING UPON EVERY AMERICAN WHETHER HE OR SHE PERSONALLY LIKED

THE COURT'S RULING OR NOT.

I MENTION THIS BECAUSE I THINK EVERY LOYAL AMERICAN

CITIZEN ACCEPTS THAT AS AN IRREFUTABLE MAXIM OF OUR WAY OF

LIFE. CERTAINLY I L. M LI l FIRMLY M%4 ow,

BELIEVE THAT PRESIDENT NIXON AGREES WITH THAT MAXIM. HE c
HE hAS TODAY E-A.P FIt me TAT JM3 &Pru Ay/ j
HAS HIMSELF ON MANY OCCASIONS SO INDICATED. THE CONSTITUTION

IS ABOVE THE PRESIDENCY AS IT IS ABOVE THE CONGRESS AND THE re ..A

-11-

COURTS, AND EACH OF OUR PRESIDENTS HAVE ALWAYS ACKNOWLEDGED

THAT TO BE SO. WHILE THE CONSTITUTION IS ABOVE THE SUPREME

COURT JUST AS IT IS ABOVE THE OTHER TWO GREAT DIVISIONS OF

GOVERNMENT, IT WAS LONG AGO SETTLED THAT THE SUPREME COURT

HAS THE EXCLUSIVE JOB OF INTERPRETING THE CONSTITUTION WHEN

ITS MEANING IS DISPUTED.

THE CONTROVERSY EMBODIED IN THE CASE TODAY DECIDED BY

THE SUPREME COURT CERTAINLY IS DIFFERENT FROM THE IMPEACHMENT

PROCEEDINGS BEFORE THE CONGRESS AND MUST, I BELIEVE, BE

CONSIDERED IN THAT RESPECT, THE CONSTITUTION GIVES THE

CONGRESS THE SOLE AND EXCLUSIVE RIGHT OF IMPEACHMENT AND THE

COURTS AS SUCH, HAVE NOTHING TO DO WITH IMPEACHMENT. IMPEACHMENT

IS A POLITICAL PROCESS NOT A JUDICIAL ONE AND WHAT THE

CONGRESS DOES TO DISCHARGE ITS CONSTITUTIONAL OBLIGATION

IN REGARD TO IMPEACHMENT IS ITS SOLE FUNCTION NOT THAT OF

THE COURTS NOR OF THE PRESIDENT.

-12-

BUT, AS I SEE IT, THE RELATIONSHIP OF THE PRESIDENT

TO THE COURTS IS MEASUREABLY DIFFERENT, THE PRESIDENT

HAS NO LEGAL AUTHORITY, I AM CONVINCED, TO DEFY THE LAW

OF THE LAND ONCE If IS ESTABLISHED, AND WHEN A COURf WITH

JURISDICTION FINALLY RULES, THAT RULING IS THE LAW OF THE

LAND. YOU WILL RECALL THAT IN THE EVENTS SURROUNDING THE

FIRST SUBPOENA OF THE TAPES LAST FALL, THE PRESIDENT STATED

THAT HE WOULD ABIDE BY A "DEFINITIVE DECISION" OF THE

SUPREME COURT AS TO HIS RIGHT TO WITHHOLD THAT INFORMATION.

YOU MAY ALSO REMEMBER THAT LATER FOR A SHORT TIME HE AfTEMPTED

TO PUT HIMSELF ABOUT THE LAW OF THE LAND BY ANNOUNCING AN

INTENTION NEITHER TO COMPLY WITH JUDGE SIRICA'S ORDER CONCERNING

THE IAPES AND DOCUMENTS IN HIS POSSESSION NOR TO APPEAL JUDGE

SIRICA'S ORDER TO THE SUPREME COURT. HE THEN ALSO DIRECTED

ARCHIABLD COX NOT TO SEEK FURTHER COURT RELIEF IN LIGHT OF

HIS ANNOUNCED REFUSAL TO HONOR THE COURT'S ORDER, THAT

-13-

ACTION BY THE PRESIDENT LED TO THE TERMINATION OF THE THEN

SPECIAL WATERGATE PROSECUTOR ON WHAT WE NOW CALL THE "SATURDAY

NIGHT MASSACRE," TO SAY THE LEAST, THE PUBLIC REACTION TO THE

PRESIDENT'S POSITION WAS SO SEVERE THAT IT GENERATED THE

FIRST SERIOUS POSSIBILITY OF A PRESIDENTIAL IMPEACHMENT IN

MORE THAN A CENTURY AND IF THE PRESIDENT HAD REMAINED

INTRANSIGENT WOULD HAVE MADE ENACTMENT OF LEGISLArION BY

THE CONGRESS FOR A COURT- APPOINTED SPECIAL WAIERGATE

PROSECUTOR ALMOST CERTAIN. YOU, OF COURSE, ALSO EVEN MORE

VIVIDLY RECALL THAT PRESIDENT NIXON THEREAFTER RECONSIDERED

AND THEN MODIFIED HIS POSITION BY RECOGNIZING THE VALIDITY

OF THE COURT'S MANDATE AND BY HAVING HIS THEN COUNSEL STATE

IN OPEN COURT: "THIS PRESIDENT DOES NOT DEFY THE LAW, AND HE

HAS AUTHORIZED ME TO SAY HE WILL COMPLY IN FULL WITH THE

ORDERS OF THE COURT,"

w4 W4 slwfwAA.CM
d4'4At.vwu A0ln

-14- i f6 a setiv- hac Aac.r
\ TERATE gy U i tHATy urt _
SO FRANKLY, AT THIS TIME, I REITERATE THAT I 4R 0.

-PERSONALLY APPREHENSIVE IN ANY WAY THAT PRESIDENT NIXON t*fL

SNOT COMPLY WITH THE SUPREME COURT'S DECISION ) THAT DECISION

WAS M~MUI ALTHOUGH, OF COURSE, OTHERS, INCLUDING

POLITICAL PUNDITS FROM THE MEDIA APPEAL TO BE. I NOT

APPREHENSIVE EVEN THOUGH THE PRESIDENT'S LAWYER, JAMES
A4
ST. CLAIR, AND OTHER WHITE HOUSE SPOKESMEN, WAVE REPEATEDLY

REFUSED TO ANSWER WHETHER PRESIDENT NIXON WOULD COMPLY WITH

THE ORDER OF THE SUPREME COURT, IT SEEMS TO ME QUITE PROBABLE

THAT BOTH PRESIDENT NIXON AND HIS LAWYERS MAY HAVE CONSIDERED

WHETHER HE WOULD HAVE A BETTER CHANCE OF STAYING IN OFFICE IF

HE IGNORED THE SUPREME COURT'S QUITE DEFINITIVE ORDER TO TURN

ALL OF THE EVIDENCE OVER IN CAMERA TO THE FEDERAL TRIAL JUDGE.

BUT Ui IN ALL, I rbttitf A SCINTILLA OF FEAR THAT HE iS I IN
THE END DEFY THE SUPREME COURT. FOR, IF HE M ,S, HE W*ti LOS'

THE SUPPORT OF HIS POLITICAL FRIENDS HIS CONGRESSIONAL FRIENDS -

IN FACT, OF THE ENTIRE MERCAN POPULACE AND CERTAINLY, THE

CONGRESS WOULD IMMEDIATELY REMOVE HIM FROM OFFICE. MORE THAN
I

-15-

THAT SUCH A COURSE OF ACTION SEN$ TO ME COMPLETELY INCONSISTENT

WITH THE PERSONAL TRAITS OF EITHER PRESIDENT NIXON, OR IN FACT

OF HIS LAWYER, JAMES ST. CLAIR.

I REITERATE THAT WHAT THE PRESIDENT DOES OR DOES NOT

SUBMIT TO THE CONGRESS IN THE IMPEACHMENT PROCEEDINGS HAS

NOTHING TO DO WITH THE MATTER WHICH THE SUPREME COURT TODAY

DECIDED. EVEN THOUGH THE COURT RULED THAT HE WAS REQUIRED TO

TURN OVER TO THE TRIAL COURT FOR EXAMINATION EVIDENCE THAT

SPECIAL PROSECUTOR JAWORSKI WANTED, THAT DOES NOT, AND SHOULD

NOT MEAN THAT THE PRESIDENT ALSO HAS TO TURN THAT EVIDENCE OVER

TO THE CONGRESS, FRANKLY, IT SEEMS TO ME THAT OBEYANCE OF THE

SUPREME COURT'S INTERPRETATION OF THE CONSTITUTION BY PRESIDENT

NIXON A NOT A DEBATABLE ISSUE. THE PRESIDENT HA0TO OBEY HE

HA)TO AGREE WITH THE RULES OF LAW, JUST AS ALL AMERICANS DO,

-16-

BUT HE DOES NOT HAVE TO OBEY THE CONGRESS UNTIL SUCH TIME

AS THE WISH OF THE CONGRESS, TOO, BECOMES LAW. A CONGRESSIONAL

COMMITTEE DIRECTIVE TO PRODUCE EVIDENCE IS LAWFUL BUT IT IS

NOT THE LAW OF THE LAND UNTIL THE COURT UPHOLDS IT. WHILE

THE PRESIDENT OF THE UNITED STATES MAY HAVE THE RIGHT UNDER

THE CONSTITUTION NOT TO BOW TO THE DEMANDS OF THE CONGRESS,

NEITHER THE PRESIDENT NOR ANYBODY ELSE HAS A RIGHT TO DISOBEY

THE CONSTITUTION AS IT IS INTERPRETED BY THE SUPREME COURT

OF THE UNITED STATES. THEN THAT INTERPRETATION IS THE LAW
.5cvrNFIcA wIT-
OF THE LAND, AND IT IS 5c-Ur9IM9 THAT EVERYONE IN THIS NOBLE

AND ROBUST LAND -.INCLUDING THE PRESIDENT UNDERSTAND THAT

EVERY AMERICAN UNDERSTANDS AND ACCEPTS THAT AS AN UNDEVIATING

AND UNYIELDING NATIONAL PRINCIPLE.

IN ESSENCE IT SEEMS TO ME THAT4THE COUNTRY k FACED

IN A MORE MONUMENTAL AND SUBSTANTIAL WAY WITH ABOUT THE SAME

SITUATION IT WAS LAST OCTOBER. THE PRESIDENT, NOW ADMITTEDLY

NAMED BY A FEDERAL GRAND JURY AS AN UNINDICTED CO-CONSPIRATOR

-17-

IN OBSTRUCTION OF JUSTICE, q HOLDING UNDER HIS CONTROL

EVIDENCE WHICH MAY BEAR DIRECTLY UPON THE CULPABILITY OR

INNOCENCE OF HIS CLOSE ASSOCIATES. THE SUPREME COURT

UNANIMOUSLY HAS CONCLUDED THAT IT IS NOT JUST OR PROPER

FOR THE PRESIDENT ALONE TO DECIDE WHAT INFORMATION f TO

BE MADE AVAILABLE FOR USE IN THE CRIMINAL TRIALS AGAINST HIS

ALLEGED CO-CONSPIRATORS NOW PROCEEDING UNDER CONSTITUTIONAL

DUE PROCESS BUT THAT SUCH DETERMINATION f FOR THE COURTS -

OUR TRADITIONAL AND PROVEN AVENUE FOR CONSTITUTIONAL INTERPRETATION,

UNDER OUR REPUBLICAN FORM OF GOVERNMENT, THE CONSTITUTION

MUST BE CONSRUEDiWHEN DISPUTES ABOUT IT ARISE BY THE SUPREME

COURT AND WHEN THE LAW OF THE LAND IS THUS DETERMINED THE

PERSONAL BELIEFS OF ALL MEN INCLUDING PRESIDENT NIXON -

MUST BE ADAPTED TO ACCOMMODATE THE LAW AS IT IS,

IF DEVELOPMENTS IN THE NEXT FEW

g n4aEwNiY, I AM VERY CONFIDNT THAT THE 1GA PROFESSION

THROUGHOUT THE NATION WIL [tlA t10 VOICEAHEARD CALLING UPON

c L ALL CITIZENS, INCLUDING THE PRESIDENT OF THE UNITED STATES,

<^ ^ ^^j^JA

-18-

TO WWt*0 OUR LAWS AND LEGAL PROCESty LAWYERS
INDIVIDUALLY AND COLLECTIVELY THROUGH THE GANIZED BAR
WILL CERTAINLY ONCE AGAIN RUSH TO D FND THE RULE OF LAW,
ANYTHING LESS COULD ONLY LEAD T TYRANNY OR ANARCHY,

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Q^^~iW~ ~n/ ~

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 125

VOLUME VIII

REMARKS OF:

BEFORE:

PLACE:

DATE:

SUBJECT:

TIME:

CHESTERFIELD SMITH
PRESIDENT
AMERICAN BAR ASSOCIATION

OPENING ASSEMBLY
AMERICAN BAR ASSOCIATION
97th ANNUAL MEETING

SHERATON WAIKIKI HOTEL
HONOLULU, HAWAII

MONDAY, AUGUST 12, 1974
9:00 A.M.

THE DEBRIS OF THE VIETNAM
WAR AND THE OBLIGATION OF
THE LEGAL PROFESSION

THIRTY MINUTES

RICHARD NIXON A REPUBLICAN AND LYNDON JOHNSON -

A DEMOCRAT BOTH CAME TO ACCEPT THROUGH PERSONAL ANGUISH -

THAT THE PRESIDENCY OF THIS MOST STURDY OF ALL FREE NATIONS -

BELONGS TO THE PEOPLE NOT TO ANY INDIVIDUAL NOR TO ANY

PARTY AND THAT WHEN A PRESIDENT OF THIS LAND OF THE RUGGED

INDIVIDUAL CANNOT LEAD ITS CITIZENRY HE MUST STAND ASIDE.

THE AMERICAN PEOPLE AND OUR DEMOCRATIC INSTITUTIONS

REVEALED THEIR MAJESTIC STRENGTH IN BRINGING THIS MESSAGE

HOME TWICE IN SIX YEARS TO TWO MEN EACH OF WHOM HAD WON

OVERWHELMING VICTORIES IN THEIR PRESIDENTIAL ELECTIONS AND

EACH OF WHOM TOOK HIS TRIUMPH AS A GIFT OF VIRTUALLY

UNBRIDLED EXECUTIVE POWER.

BOTH PRESIDENT NIXON AND PRESIDENT JOHNSON HAD

THE OPPORTUNITY TO RAISE THE HOPES OF THE NATION AND

OF THE WORLD. PRESIDENT JOHNSON SUCCEEDED IN ELEVATING

THE EXPECTATIONS OF ALL AMERICANS TOWARD EQUAL PARTICIPATION

IN THE BENEFITS OF OUR ROBUST SOCIETY. PRESIDENT NIXON

SUCCEEDED IN GENERATING A CLIMATE IN WHICH THERE IS REAL

HOPE THAT INTERNATIONAL PEACE MIGHT PREVAIL. BUT EVENTUALLY -

BOTH MEN WERE ENGULFED BY THEIR FAILURES. ALTHOUGH THEIR

TRAGEDIES WERE CUT FROM DIFFERENT CLOTH EACH HAD THE COMMON

THREAD THAT EXECUTIVE POWER WAS DEEMED THE POWER OF A NATION

AND THAT THE PRESIDENTIAL VOICE COULD DROWN OUT THE VOICES

OF DISSENT.

NEITHER PRESIDENCY SURVIVED BUT AMERICAN

DEMOCRACY HAS MORE THAN SURVIVED. AMERICAN DEMOCRATIC

INSTITUTIONS HAVE BEEN NOURISHED BY THESE TESTS OF STRENGTH.

THE POWER OF THE RULE OF LAW HAS EMERGED TRIUMPHANT AFTER

ITS GREATEST CHALLENGE. BUT THE TESTS OF DEMOCRACY

AND OF THE RULE OF LAW ARE NEVER ENDED. A VICTOR'S

HARDEST TASK COMES NOT IN WINNING A WAR BUT IN WINNING

A PEACE. WE MUST HAVE THE STRENGTH TO REBUILD FAITH

IN THE POLITICAL PROCESS. WE MUST HAVE THE WISDOM TO

HEAL AND THE COMPASSION TO FORGIVE.

GENERATIONS OF FUTURE HISTORIANS WILL STUDY -

ANALYZE AND WRITE ABOUT THE EVENTS WHICH HAVE SO OCCUPIED

THE LEADERS AND PEOPLE OF THIS COUNTRY THROUGH THE LAST TWO

PRESIDENCIES. WHILE I DO NOT CONDONE THE ABUSES OF

POWER THAT TOOK PLACE IN EITHER PRESIDENCY OR WHAT IS

EVEN WORSE THE CYNICAL MANIPULATION OF PEOPLE AND THE

DEGRADATION OF OUR INSTITUTIONS I BELIEVE THAT WE SHOULD

LEAVE THOSE TASKS TO THE HISTORIANS AND TO THE AUTHORITIES

AND TO THE COURTS. I PERSONALLY AM THROUGH WITH FIXING

THE BLAME FOR WATERGATE I PERSONALLY AM THROUGH WITH

DETERMINING THE LEGALITY OF THE VIETNAM WAR AND I HOPE

THAT ALL AMERICANS FEEL THE SAME.

NO ONE CAN REJOICE IN THE EVENTS WHICH LED TO

THE TERMINATION OF THE PRESIDENCY OF EITHER RICHARD NIXON

OR LYNDON JOHNSON NO ONE COULD HAVE POSSIBLY DESIRED THE

WHOLE CHAIN OF CIRCUMSTANCES FROM THEIR SEEMINGLY INCON-

SEQUENTIAL BEGINNINGS TO THEIR DISMAL FINISH. WE ONLY

CAN ABOVE ALL TAKE COMFORT IN THE FACT THAT IN BOTH EVENTS

THE FINISH HAS COME.

AS PRESIDENT FORD SAID AT HIS SWEARING-IN CEREMONY

LAST FRIDAY:

"MY FELLOW AMERICANS OUR LONG NATIONAL

NIGHTMARE IS OVER.

"OUR CONSTITUTION WORKS.

"OUR GREAT REPUBLIC IS A GOVERNMENT OF

LAWS AND NOT OF MEN. HERE THE PEOPLE

RULE. BUT THERE IS A HIGHER POWER BY

WHATEVER NAME WE HONOR HIM WHO ORDAINS NOT

ONLY RIGHTEOUSNESS BUT LOVE NOT ONLY

JUSTICE BUT MERCY.

"AS WE BIND UP THE INTERNAL WOUNDS

OF WATERGATE MORE PAINFUL AND MORE

POISONOUS THAN THOSE OF FOREIGN WARS -

LET US RESTORE THE GOLDEN RULE TO OUR

POLITICAL PROCESS AND LET BROTHERLY LOVE

PURGE OUR HEARTS OF SUSPICION AND HATE."

I ENDORSE THAT GREAT SENTIMENT THERE SO ELOQUENTLY

EXPRESSED BY OUR NEW LEADER. I TOO BELIEVE THAT WATERGATE -
AND ALL THAT THAT TERM HAS COME TO IMPLY SHOULD NOW BE PUT

BEHIND US. OUR IMMEDIATE DUTY IS TO RALLY BEHIND OUR

CANDID OPEN AND FORTHRIGHT NEW PRESIDENT IN SOLVING THE

PROBLEMS OF THE NATION. THE TIME AND ENERGIES WHICH

WERE DEVOTED BY SO MANY DURING PAST YEARS TO OUR UNHAPPY

SITUATIONS ARE NOW DESPERATELY NEEDED IN HELPING TO DEVISE

CURES TO THE MANY ILLS OUR COUNTRY FACES.

NO AMERICANS HAVE GREATER RESPONSIBILITY FOR MEETING

CHALLENGES AND SOLVING PROBLEMS THAN LAWYERS. SO I

URGE ALL LAWYERS TO JOIN WITH PRESIDENT FORD AND WITH THE

CONGRESS IN A MASSIVE EFFORT TO RIGHT THE WRONGS TO OUR

NATION CAUSED BY RECENT ABUSES OF GOVERNMENTAL PROCESSES.

NOW IS NOT THE TIME FOR RECRIMINATION NOR IS IT A TIME

FOR VENGEANCE. IT IS THE TIME TO COME TOGETHER AND

IT IS THE TIME TO GO FORWARD. THE RUPTURES OF WATERGATE

AND VIETNAM HAVE LEFT FESTERING SORES IN OUR NATIONAL LIFE.

THE CURES OF NECESSITY IN MANY INSTANCES WILL BE PAINFUL.

THE EVENTS OF THE PAST FEW DAYS HAVE SET IN

MOTION PROCESSES WHICH I AM CONVINCED WILL CLEANSE THE

WOUNDS OF WATERGATE. MONUMENTAL REFORM MEASURES AIMED

AT CLEANING UP ELECTION PROCEDURES HAVE NOW PASSED BOTH

HOUSES OF CONGRESS THOUGH IN DIFFERENT FORM. WIDE-

SPREAD BI-PARTISAN SUPPORT OF THOSE EFFORTS WILL SHORTLY

INSURE THE NEEDED MACHINERY TO MITIGATE AND PERHAPS

ELIMINATE THE ELECTION ABUSES WHICH HAVE BEEN AN UNHAPPY

PART OF OUR POLITICAL LIFE.

BUT THERE IS HOWEVER ANOTHER NATIONAL SORE

WHICH CONTINUES TO BE LARGELY IGNORED BY MOST AMERICANS -

INCLUDING TO MY REGRET THE LEGAL PROFESSION. THERE ARE

MORE THAN 6 MILLION VIETNAM WAR VETERANS MEN AND WOMEN

WHO SERVED IN THE UNITED STATES MILITARY BETWEEN AUGUST 1964

AND JANUARY 1973. SOME 3 MILLION OF THOSE SERVED IN THE

FIGHTING WAR IN VIETNAM. MOST CAME HOME PHYSICALLY WHOLE

BUT THOUSANDS RETURNED PERMANENTLY DISABLED.

UNLIKE PRIOR WARS THEY CAME HOME NOT TO BE

RECEIVED AS HEROES BUT IN LARGE MEASURE AS SOLDIERS

AMERICANS WANTED TO FORGET. AS A VETERAN OF WORLD WAR II

-5-

WHO REMEMBERS COMING HOME I SUGGEST THAT THEIR SUBSEQUENT

TREATMENT BY THE NATION AS A WHOLE HAS BEEN NOTHING LESS

THAN A NATIONAL DISGRACE. IN ADDITION TO THE THOUSANDS

AND THOUSANDS WHO SERVED IN THAT UNDECLARED WAR MOST HONORABLY -

THERE ARE THOSE OVER 450,000 SERVICEMEN WHO RECEIVED "LESS

THAN HONORABLE" DISCHARGES AND WHO DAILY SUFFER THE LEGAL

DISABILITIES THAT THOSE DISCHARGES CARRY. MOST OF THOSE

"LESS THAN HONORABLE" DISCHARGES WERE ADMINISTRATIVELY

GIVEN WITHOUT A SEMBLANCE OF WHAT LAWYERS STYLE AS DUE

PROCESS.

THERE IS ALSO ANOTHER GREAT BODY OF YOUNG AMERICANS -

AS YET NOT SATISFACTORILY NUMBERED BY ANY GROUP WHO

REFUSED TO SERVE FOR WHATEVER REASONS IN THAT UNDECLARED

WAR WHO RESISTED THE DRAFT OR WHO DESERTED ONCE INDUCTED.

VARIOUS ESTIMATES HAVE BEEN ADVANCED AS TO JUST HOW MANY

OF THESE WAR RESISTERS THERE ARE SOME PLACING IT AS HIGH

AS 200,000. BUT EVEN THE MOST CONSERVATIVE ESTIMATES

HAVE FIXED THE NUMBER OF WAR RESISTERS BOTH DRAFT EVADERS

AND DESERTERS NOW LIVING IN OTHER COUNTRIES OR UNDERGROUND

IN THE UNITED STATES AS FUGITIVES AT SOMEWHERE ABOVE 30,000.

IT SEEMS TO ME THAT THOSE AMERICANS LIKE THE VIETNAM

VETERANS HAVE HAD THEIR LIVES ALMOST IRREPARABLY ALTERED

BY A MILITARY ENGAGEMENT WHICH BY NOW ALMOST ALL AMERICANS

ACCEPT AS A NATIONAL MISTAKE.

IN PART THE VETERAN AND THE WAR RESISTER SUFFER

-6-

BECAUSE THEY ARE IN A VERY REAL SENSE THE ONLY REAL

INHERITORS OF THE MASSIVE LEGACY OF THAT CATASTROPHY.

THEY TOGETHER VETERAN AND WAR RESISTER ARE THE LINGERING

SYMBOLS OF THE CANCER OF VIETNAM A WAR WHICH CAUSED A

BITTERNESS AND DIVISIVENESS AMONG OUR PEOPLE PARALLELED

IN NATIONAL INTENSITY ONLY BY THE WAR BETWEEN THE STATES

MORE THAN ONE HUNDRED YEARS AGO. IT IS CLEAR THAT THESE

STRESSES AND STRAINS HAVE CAUSED A NATIONAL ILLNESS WHICH

EXCRUCIATINGLY HAS BROUGHT OUT THE BEST AND THE WORSE -

IN OUR PEOPLE. SOCIETY'S WOUNDS ARE YET BARE FOR ALL

TO SEE. IF OUR NATION IS AGAIN TO BE SERENE IT IS A

NATIONAL IMPERATIVE THAT WE BIND THOSE WOUNDS AND RID

OURSELVES OF THAT INTERNAL POISON.

NOBODY SEEMS TO CLAIM RESPONSIBILITY FOR THE

PRESENT PLIGHT OF THE VETERAN AND THE WAR RESISTERS.

THERE SEEMS TO BE A MORAL VOID A RESPONSIBILITY VACUUM.

MANY OF THEIR PROBLEMS INVOLVE LEGAL RIGHTS AND I BELIEVE

THAT THE LEGAL PROFESSION THUS HAS A RESPONSIBILITY TO

FURNISH LEADERSHIP IN SOLVING THOSE PROBLEMS.

FOR ALL OF THOSE REASONS AND FOR COMPASSION -

IT SEEMS TO ME THAT IT IS TIMELY FOR THE AMERICAN BAR

ASSOCIATION TO SUGGEST LEGISLATION TO ALL LEVELS DIRECTED

TO IMPROVE THE LOT OF THE VETERAN TO CLEAR THE RECORDS

OF THOSE UNFAVORABLY DISCHARGED AS A RESULT OF WAR RESISTANCE -

AND TO REHABILITATE OR IF YOU WILL TO REPATRIATE -

-7-

AND BRING BACK INTO THE FOLD THOSE LEGIONS OF YOUNG MEN

WHO REFUSED TO SERVE IN AN UNDECLARED WAR WHICH WAS AND

STILL IS AN UNHAPPY EXPERIENCE TO ALMOST ALL AMERICANS.

IN ESSENCE I SUGGEST THAT IT IS NOW TIME FOR THE ORGANIZED

BAR TO JOIN WITH OTHERS IN CLEANING UP THE DEBRIS OF THE

VIETNAM WAR.

I ASK TWO QUESTIONS -

FIRST CAN THOSE OF US WHO PUT THIS NATION AND

ITS CITIZENS IN THIS NO-WIN FOREIGN ENTANGLEMENT AND WHO

THEN INSISTED THAT WE REMAIN THERE LONG AFTER MAJORITY

SUPPORT FOR THE EFFORT HAD EVAPORATED HAVE IT IN OUR

HEARTS TO ABSOLVE OURSELVES FROM FURTHER RESPONSIBILITY TO

THESE YOUNG AMERICANS WHO ARE THE LEGATEES OF THOSE DECISIONS.

AND SECOND CAN THOSE OF US WHO OPPOSED THE WAR -

WHO OPPOSED THAT INVOLVEMENT IN WHATEVER WAY WE WERE

EMPOWERED TO DO WANT TO CONTINUE TO HURT THOSE ALMOST

ANONYMOUS AMERICANS WHO TOO OPPOSED THE WAR IN THEIR WAY -

PERHAPS OPPOSED IT IN THE ONLY EFFECTIVE WAY SINCE WE NOW

KNOW THAT THEIR ACTIONS ULTIMATELY HELPED CREATE AND

SUSTAIN THAT PUBLIC DISGUST WITH THE WAR WHICH EVENTUALLY

LED TO ITS END.

FOR THOSE WHO LOVE JUSTICE AND MERCY AND FAIRNESS -

FOR THOSE WHO CHERISH DUE PROCESS AND EQUAL TREATMENT FOR

ALL IT SEEMS TO ME THAT THE ANSWER TO BOTH QUESTIONS MUST

BE NEGATIVE.

IN ESSENCE IT SEEMS TO ME THAT VETERANS AND

NON-VETERANS WHO WERE WAR RESISTERS HAVE SUFFERED ENOUGH

AND BEEN PUNISHED ENOUGH.

LEGISLATION SHOULD BE IMMEDIATELY ENACTED BY THE

CONGRESS TO SUPPORT MORE REALISTIC AND CONCRETE BENEFITS

FOR THE VETERAN. LEGISLATIVE REMEDIES TO RE-EDUCATE AND

RE-TRAIN THE VIETNAM VETERAN ARE AN URGENT NATIONAL PRIORITY.

THE EDUCATIONAL BENEFITS WHICH WE OLDER VETERANS OBTAINED

THROUGH THE G. I. BILL ARE NO LONGER ECONOMICALLY SUFFI-

CIENT TO MAKE HIGHER EDUCATION A REAL POSSIBILITY. THOSE

BENEFITS IN THIS INFLATIONARY PERIOD ARE SIMPLY TOO

LOW. THEY IN THEMSELVES DO NOT AND CANNOT ENABLE

VETERANS TO BECOME EDUCATED AND USEFUL AND PRODUCTIVE

AMERICANS. MANY VETERANS ARE NOT FULLY AWARE OF THEIR

EDUCATIONAL OR DISABILITY BENEFIT RIGHTS AND THE ADMINIS-

TRATIVE PROCESSES TO SECURE THEM ARE OFTEN TOO SLOW TOO

COMPLICATED AND THUS OFTEN UNUSED. THE DRUG PROBLEMS

OF VETERANS WHICH AS A GENERAL RULE WERE INCURRED NOT

BEFORE THEY WENT TO VIETNAM BUT WHILE THERE MUST BE

DEALT WITH IN AN EFFECTIVE AND LASTING WAY. THE DISABLED

AND UNEMPLOYED VETERAN SHOULD ALSO RECEIVE OUR UTMOST ATTENTION.

IT IS TRUE THAT THE CONGRESS IS NOW CONSIDERING UPGRADING

VETERAN EDUCATIONAL AND DISABILITY BENEFITS AND JOB TRAINING

PROGRAMS AS WELL AS STREAMLINING VETERAN BENEFIT DELIVERY

SYSTEMS BUT THE PROGRESS OF THOSE MEASURES THROUGH THE

CONGRESSIONAL MAZE IS DISTRESSINGLY SLOW. I ASK THAT

THE LEGAL PROFESSION STATE AND LOCAL BAR ASSOCIATIONS AND

LAWYERS INDIVIDUALLY ACTIVELY SUPPORT THOSE MEASURES.

IT SEEMS TO ME ALSO THAT THE ORGANIZED BAR HAS

BEEN SADLY DEFICIENT IN ITS EFFORTS TO ESTABLISH PROGRAMS

TO ENHANCE THE AVAILABILITY OF LEGAL SERVICES TO DISABLED

AND UNEMPLOYED VETERANS MUCH AS WE ARE NOW DOING FOR THE

MENTALLY DISABLED EX-OFFENDER PAROLEES AND PRISON

INMATES. THE YOUNG LAWYERS SECTIONS OF BOTH THE ABA AND

THE STATE BAR ASSOCIATIONS HAVE BEEN THE ONLY SEGMENTS OF

THE ORGANIZED BAR WHICH HAVE MADE A SINCERE EFFORT TO HELP

THE VETERAN AND THEIR EFFORTS DESPITE MASSIVE CONTRI-

BUTIONS BY SOME YOUNG LAWYERS HAVE AT BEST ONLY SCRATCHED

THE GLOSS WHICH HIDES OUR ORGANIZATIONAL NEGLECT.

THE PROBLEMS PSYCHOLOGICAL AND PSYCHIATRIC OF

VIETNAM VETERANS SHOULD PROMPTLY RECEIVE THE FULL ATTENTION

OF THE LEGAL COMMUNITY. THROUGH INTER-DISCIPLINARY

EFFORTS WITH OTHER PROFESSIONS I AM CONFIDENT THAT WE

COULD ALLEVIATE OR AT LEAST MITIGATE MANY OF THEIR

DIFFICULTIES EVEN IF WE DID NOTHING MORE THAN FOCUS PUBLIC

ATTENTION ON THEM.

I AM ALSO CONVINCED THAT THE NATION SHOULD MAKE

A MAJOR EFFORT TOWARD REHABILITATING OR REPATRIATING THOSE

WHO RESISTED THE DRAFT WHO DESERTED FROM THE SERVICE -

AND THOSE WHOSE RECORDS SHOW BAD SERVICE ONCE INDUCTED.

MANY OF THOSE OF COURSE WERE VICTIMS OF BAD JUDGMENT -

POOR ADVICE AND BAD MOTIVATIONS. OTHERS HOWEVER -

ACTED OUT OF DEEP PERSONAL CONVICTION. MANY IN THEIR

HEARTS OBJECTED TO THE COURSE WHICH OUR COUNTRY FOLLOWED

AS WE BECAME MORE AND MORE INVOLVED IN THE SHOOTING WAR.

WE CONTINUALLY SHOULD REMIND OURSELVES THAT THIS WAS A

LIMITED WAR WHICH DID NOT AT ANY TIME REQUIRE OUR

NATION'S FULL MANPOWER MOBILIZATION. IT WAS NEVER AN

ALL-OUT NATIONAL EMERGENCY.

THUS IT WAS THAT ERRATIC DRAFT LAWS FLUCTUATING

QUOTAS AND MASSIVE DEFERMENTS MADE IT AT ALL TIMES

EMBARRASSINGLY ARBITRARY AS TO WHICH ELIGIBLE YOUNG MEN -

AS THEY INDIVIDUALLY BECAME OF MILITARY AGE HAD TO MAKE

THE CHOICES WHICH HAVE NOW BECOME SO CRUCIAL TO THEIR

FUTURE LIFE. SOME MADE IT RIGHT AND SOME MADE IT WRONG

BUT ALL WHO MADE IT MADE THAT CHOICE AS THEIR FIRST SIGNIFI-

CANT DECISION AS A LEGAL ADULT. FOR THE MOST PART -

THE ACTUAL DRAFTEES FOR VARIOUS REASONS WERE HEAVILY

WEIGHTED WITH THE POOR THE UNEDUCATED AND THE MINORITIES -

A FACT WHICH AT LEAST IN MY MIND RAISES THE SERIOUS QUESTION

OF UNJUST DISCRIMINATION AGAINST THOSE WHO WERE POWERLESS

TO AVOID SERVICE IN THE WAR COMPARED TO THOSE WHO THROUGH

DEFERMENTS LEGAL MANEUVERING AND OTHER METHODS SUCCESS-

FULLY AVOIDED MILITARY SERVICE.

SO NOW THAT THE SHOOTING WAR IN VIETNAM HAS

ENDED AND I APPLAUD WITHOUT RESERVATION THAT RESULT AND

THOSE WHO BROUGHT IT ABOUT WE IN THIS LAND WHO MUST BE

UNITED IN ALL FEASIBLE WAYS IF OUR HOPES AND ASPIRATIONS

ARE TO BE FULFILLED SHOULD QUESTION WHETHER IT IS NOW

-11-

TIMELY TO OFFER THOSE YOUNG PERSONS WHO MADE THE HARD

CHOICE AND WHO DID REFUSE TO PARTICIPATE IN AN UNDECLARED

WAR AN OPPORTUNITY ONCE AGAIN TO BECOME PRODUCTIVE CITIZENS

IN THIS THEIR COUNTRY AND TO BE UNITED AGAIN WITH THEIR

FAMILIES AND FRIENDS. IF WE DO NOT THEY WILL CONTINUE

TO REMAIN ABROAD IN EXILE OR UNDERGROUND AND THUS -

CONTINUE NOT TO CONTRIBUTE TO OR BENEFIT FROM OUR

SOCIETY.

UNCONDITIONAL AMNESTY EARNED IMMUNITY CONDITIONAL

AMNESTY ALTERNATE SERVICE OR ANY OTHER PLAN WHICH IN

WHOLE OR IN PART RESOLVES OUR DILEMMA WOULD BE PREFERABLE

TO THE PRESENT SITUATION. IN ALL CONSCIENCE THIS

COUNTRY OF INDIVIDUAL RIGHTS AND GROUP RESPONSIBILITY CANNOT

CONTINUE TO DISREGARD THIS ALL ENCOMPASSING ISSUE. AT

THIS MEETING THERE IS A PROPOSAL BEFORE THE ASSOCIATION'S

HOUSE OF DELEGATES FROM THE SECTION ON INDIVIDUAL RIGHTS

AND RESPONSIBILITIES ASKING THE ASSOCIATION TO SUPPORT

LEGISLATION PENDING IN THE CONGRESS AUTHORIZING EARNED

IMMUNITY OR ALTERNATIVE SERVICE FOR DRAFT EVADERS.

I COMMEND THIS PROPOSAL AS A WELCOME CONCERN FOR A DIFFICULT

PROBLEM. HOWEVER AT BEST SUCH LEGISLATION IS ONLY A

LIMITED SOLUTION TO A SMALL PART OF THE PROBLEM; AT WORST -

IT IS A MORAL ABDICATION OF THE RIGHT TO FULL REPATRIATION

OF THOSE WHO REACTED TO THE DRAFT OUT OF CONSCIENCE. I

ALSO SUBMIT THAT IT DISREGARDS THE EQUALLY SERIOUS PROBLEMS

-12-

OF THE DESERTERS THE LESS THAN HONORABLY DISCHARGED -

AND THOSE WHO WERE CRIMINALLY PUNISHED FOR MILITARY OR OTHER

NON-VIOLENT CRIMES.

I SUPPORT THE PRINCIPLE THAT A CITIZEN OF A

FREE COUNTRY SHOULD NOT BE FORCED TO FIGHT IN A WAR THAT

NEITHER HE NOR HIS ELECTED REPRESENTATIVES CHOSE TO INITIATE

OR DECLARE. OUR CONSTITUTION STATES THAT THE CONGRESS

HAS THE SOLE POWER TO DECLARE WAR BUT INDISPUTABLY IT DID

NOT EXERCISE THAT POWER IN VIETNAM. THAT BEING SO IT

SEEMS TO ME THAT THE VIETNAM WAR POSES A REAL MORAL PROBLEM

TO LAWYERS AND OTHERS WHO CHERISH THE LAW. SINCE WE DID

NOT AS A NATION THROUGH OUR CONGRESS DECLARE THAT

WAR AND THUS WE AS FREE CITIZENS DID NOT HAVE AN

OPPORTUNITY TO MAKE THAT CRUCIAL DECISION SHALL WE PUNISH

FOREVER MORE THOSE WHO FROM CONSCIENCE PROTESTED THEIR OWN

FORCED INVOLVEMENT. MANY CONSTITUTIONAL SCHOLARS BELIEVE

THAT THE VIETNAM WAR WAS AN UNCONSTITUTIONAL WAR AN

ULTRA VIRES VENTURE WHICH ESCALATED BEYOND THE CONTROL OF

OUR NATIONAL LEADERS. BUT THAT ISSUE IS OF NO IMPORTANCE

INSOFAR AS THE PRESENT ISSUE OF DISCRETIONARY FORGIVENESS IS

CONCERNED. MANY OF THE WAR RESISTERS MIGHT IN RETROSPECT

ACTUALLY HAVE TAKEN MORALLY CORRECT STANDS AGAINST IMMORAL

ACTS OF OUR GOVERNMENT AND STANDS WHICH COULD HAVE LONG-

RANGE BENEFITS TO OUR GOVERNMENT BUT THAT IS NOT THE ISSUE.

-13-

BY DIRECTION OF THE ASSEMBLY IN 1971 THE AMERICAN BAR

ASSOCIATION HAS UNDERTAKEN A FAR REACHING AND ALL ENCOMPASSING

STUDY OF THE WAR POWERS CLAUSE OF OUR CONSTITUTION AND I

AM CONFIDENT THAT SUCH STUDY WILL MAKE BOTH A REAL CONTRIBUTION

TO THE LEGAL RESOLUTION OF SIMILAR FUTURE ISSUES AND POINT

OUT THE LEGALLY GRAY AREA WHICH FACED THOSE WHO HAD TO

RESOLVE THE ISSUE BACK THEN BUT THAT TOO IS NOT THE ISSUE.

I DO NOT SUGGEST THAT WE IN ANY WAY RETROACTIVELY

HONOR THOSE WHO REFUSED TO SERVE IN THE WAR ALTHOUGH I

AS A FULL-FLEDGED MONDAY MORNING QUARTERBACK DO HAVE

SUBSTANTIAL SYMPATHY FOR THOSE WHO TURNED OUT TO BE RIGHT

ABOUT THE WAR LONG BEFORE I WAS. OUR COUNTRY SHOULD HAVE

THE MORAL FORTITUDE TO ADMIT THAT THOSE WHO RESISTED MAY

IN THE FINAL ANALYSIS HAVE BEEN AT LEAST AS RIGHT AS THOSE

WHO OBEDIENTLY SERVED OUT OF CONSCIENCE ALSO BUT THAT IS

NOT THE ISSUE.

THE REAL AND ONLY THING OUR GOVERNMENT MUST DECIDE

IS WHETHER AT THIS TIME IT SHOULD EXERCISE THE DISCRETION

LEGALLY TO FORGET ABOUT THE ACTIONS OF THOSE WAR RESISTERS

AND GIVE THEM AN OPPORTUNITY TO BECOME AGAIN FULL PRODUCTIVE

CITIZENS. AS AN INDIVIDUAL AMERICAN I THINK IT

IS TIME FOR OUR POLITICAL SOCIETAL AND PROFESSIONAL -

LEADERS TO QUIT BEING CAUTIOUS ABOUT MORAL ISSUES.

AS LAWYERS WE SHOULD AND MUST FACE THIS ISSUE

REGARDLESS OF HOW PAINFUL IT MAY BE TO SOME. WE MUST

-14-

RECOGNIZE THAT THE PROBLEM OF THE WAR RESISTER IS TO

MILLIONS OF AMERICANS A VERY REAL ONGOING LIVING TRAGEDY OF

EVERYDAY SIGNIFICANCE AND THAT UNTIL IT IS RESOLVED WE

SHALL HAVE ONLY A DIVIDED NATION.

SO AT THIS TIME OF NEW AND FRESH APPROACH TO

NATIONAL PROBLEMS I VERY MUCH HOPE THAT OUR PEOPLE MAY

SOON ARRIVE AT SOME WORKABLE SOLUTIONS THAT WILL IN A

COMPASSIONATE WAY REHABILITATE THE WAR RESISTER.

AMNESTY OF SOME SORT HAS BEEN GRANTED IN OVER 35 INSTANCES

IN OUR NATION'S HISTORY MOST NOTABLY AFTER THE CIVIL

WAR AND ULTIMATE FORGIVENESS OF GOVERNMENTAL PUNISHMENT

IS FULLY COMPATIBLE WITH OUR NATIONAL TRADITIONS. IT

IS MY PERSONAL HOPE THAT THE AMERICAN BAR ASSOCIATION WILL

SUPPORT FULL REHABILITATION OF THE WAR RESISTER.

TREATING THE VETERAN AND THE WAR RESISTER IN

THE SAME COMPASSIONATE MANNER IS A CONTROVERSIAL HIGHLY

EMOTIONAL AND POSSIBLY EXPLOSIVE ISSUE. THERE ARE -

AS I FULLY REALIZE PERSONS IN THIS COUNTRY WHO WILL NEVER

FULLY ACCEPT WAR RESISTERS BE THOSE WAR RESISTERS VETERANS

WHO FINALLY REFUSED ANY LONGER TO FIGHT IN AND BE A PART OF

A WAR WITH WHICH THEY DID NOT MORALLY AGREE OR BE THEY THOSE

WHO MADE THAT DECISION BEFORE ENTRY INTO THE MILITARY SERVICE.

WHAT I ASK FOR HOWEVER SEEMS TO ME SQUARE

ONLY WITH COMPASSION WITH CONSCIENCE WITH WISDOM -

WITH CHARITY AND GENEROSITY. I SUGGEST ONLY JUSTICE

-15-

TO THE UNFORTUNATE WHO HAVE ALREADY PAID A PENALTY -

FORGIVENESS TEMPERED WITH BOTH MERCY AND UNDERSTANDING.

I URGE ONLY THAT OUR NATION AS A WHOLE NOT CONTINUE TO

PERPETUATE WHAT MILLIONS OF OUR CITIZENS SINCERELY BELIEVE

TO BE AN INJUSTICE. OURS IS A HUMANITARIAN HERITAGE -

AS A NATION WE HAVE ALWAYS FELT THAT IT WAS BETTER TO FORGIVE

THAN TO TAKE VENGEANCE. IF OUR NATION IS TO BE REUNITED -

RECRIMINATIONS CANNOT LONG BE OUR GUIDE. HATE CANNOT

LEAD TO A BETTER WORLD NOR CAN IT BRING DOMESTIC TRANQUILITY.

ON THIS BRIGHT NEW BEGINNING OF AN ADMINISTRATION

UNHAMPERED BY THE SCARS OF PAST NATIONAL POSITIONS I

FERVENTLY YEARN AND BELIEVE THAT PRESIDENT GERALD FORD WILL

LEAD THE WAY TO A FULL UNIFICATION OF ALL ELEMENTS OF OUR

NATION.

I ASK WHERE IS THE STRENGTH OF THIS COUNTRY

IF OUR LAWS DO NOT ALLOW AT SOME TIME FOR ALL PERSONS OF

INTEGRITY TO LIVE SIDE BY SIDE. WE OWE IT TO OUR COUNTRY'S

FUTURE WE OWE IT TO THOSE PEOPLE WHO MAY IN DISTANT DAYS

BE LIKEWISE INVOLVED WE OUT OF CONSCIENCE OWE IT TO

OURSELVES FINALLY TO CLEAN UP THE DEBRIS OF OUR UNFORTUNATE

PAST. IT WOULD BE ONLY A HUMANE ACT OF GOVERNMENTAL

CONSCIENCE NOW TO FORGIVE AND LEGALLY FORGET THOSE WHO DID

WHAT THEY THOUGHT THEY HAD TO DO IN THOSE CONFLICTED AND

CONVOLUTED PERIODS.

SO IN CLOSING I REPEAT PRESIDENT FORD'S STATEMENT:

-16-

"......LET US RESTORE THE GOLDEN RULE

TO OUR POLITICAL PROCESS AND LET

BROTHERLY LOVE PURGE OUR HEARTS OF

SUSPICION AND HATE."

I HOPE VERY MUCH THAT THE AMERICAN BAR ASSOCIATION

WILL SUPPORT PRESIDENT FORD IN ALL REASONABLE AND FEASIBLE

WAYS IN PUTTING BEHIND US FOREVER OUR MORBID PREOCCUPATION

WITH WHO CAUSED OUR PROBLEMS. IT IS A TIME TO HEAL

AND TO BUILD IT IS A TIME FOR COMPASSION FOR CHARITY -

FOR AMNESTY AND FOR FORGIVENESS. IT IS A TIME FOR

US TO COME TOGETHER AS ONE PEOPLE WHO LOVE OUR NATION.

IT IS A TIME FOR US TO COME TOGETHER AS AN UNDIVIDED NATION

WHO CHERISHES ALL OF ITS PEOPLE.

(END)

-17-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 126

VOLUME VIII

REMARKS OF:

BEFORE:

PLACE:

DATE:

SUBJECT:

TIME:

CHESTERFIELD SMITH

57th ANNUAL CONVENTION OF THE
FLORIDA DISTRICT OF KIWANIS

DUTCH INN
LAKE BUENA VISTA, FLORIDA

FRIDAY, SEPTEMBER 6, 1974
12:10 P.M.

THE DEBRIS OF THE VIETNAM WAR
AND WATERGATE

TWENTY MINUTES

RICHARD NIXON A REPUBLICAN AND LYNDON JOHNSON -

A DEMOCRAT BOTH CAME TO ACCEPT THROUGH PERSONAL ANGUISH -

THAT THE PRESIDENCY OF THIS MOST STURDY OF ALL FREE NATIONS -

BELONGS TO THE PEOPLE NOT TO ANY INDIVIDUAL NOR TO ANY

PARTY AND THAT WHEN A PRESIDENT OF THIS LAND OF THE RUGGED

INDIVIDUAL CANNOT LEAD ITS CITIZENRY HE MUST STAND ASIDE.

THE AMERICAN PEOPLE AND OUR DEMOCRATIC INSTITUTIONS

REVEALED THEIR MAJESTIC STRENGTH IN BRINGING THIS MESSAGE

HOME TWICE IN SIX YEARS TO TWO MEN EACH OF WHOM HAD WON

OVERWHELMING VICTORIES IN THEIR PRESIDENTIAL ELECTIONS AND

EACH OF WHOM TOOK HIS TRIUMPH AS A GIFT OF VIRTUALLY UNBRIDLED

EXECUTIVE POWER.

BOTH PRESIDENT NIXON AND PRESIDENT JOHNSON HAD

THE OPPORTUNITY TO RAISE THE HOPES OF THE NATION AND

OF THE WORLD. PRESIDENT JOHNSON SUCCEEDED IN ELEVATING

THE EXPECTATIONS OF ALL AMERICANS TOWARD EQUAL PARTICIPATION

IN THE BENEFITS OF OUR ROBUST SOCIETY. PRESIDENT NIXON

SUCCEEDED IN GENERATING A CLIMATE IN WHICH THERE IS REAL

HOPE THAT INTERNATIONAL PEACE MIGHT PREVAIL. BUT

EVENTUALLY BOTH MEN WERE ENGULFED BY THEIR FAILURES.

ALTHOUGH THEIR TRAGEDIES WERE CUT FROM DIFFERENT CLOTH -

EACH HAD THE COMMON THREAD THAT EXECUTIVE POWER WAS DEEMED

THE POWER OF A NATION AND THAT THE PRESIDENTIAL VOICE COULD

DROWN OUT THE VOICES OF DISSENT.

NEITHER PRESIDENCY SURVIVED BUT AMERICAN

DEMOCRACY HAS MORE THAN SURVIVED. AMERICAN DEMOCRATIC

INSTITUTIONS HAVE BEEN NOURISHED BY THESE TESTS OF STRENGTH.

-2-

THE POWER OF THE RULE OF LAW HAS EMERGED TRIUMPHANT AFTER

ITS GREATEST CHALLENGE. BUT THE TESTS OF DEMOCRACY

AND OF THE RULE OF LAW ARE NEVER ENDED. A VICTOR'S

HARDEST TASK COMES NOT IN WINNING A WAR BUT IN WINNING

A PEACE. AS AMERICANS WE MUST NOW HAVE THE STRENGTH TO

REBUILD FAITH IN THE POLITICAL PROCESS -- WE MUST HAVE THE

WISDOM TO HEAL AND THE COMPASSION TO FORGIVE.

GENERATIONS OF FUTURE HISTORIANS WILL STUDY -

ANALYZE AND WRITE ABOUT THE EVENTS WHICH HAVE SO OCCUPIED

THE LEADERS AND PEOPLE OF THIS COUNTRY THROUGH THE LAST TWO

PRESIDENCIES. WHILE I DO NOT CONDONE THE ABUSES OF

POWER THAT TOOK PLACE IN EITHER PRESIDENCY OR WHAT IS

EVEN WORSE THE CYNICAL MANIPULATION OF PEOPLE AND THE

DEGRADATION OF OUR INSTITUTIONS I BELIEVE THAT WE SHOULD

LEAVE THOSE TASKS TO THE HISTORIANS AND TO THE AUTHORITIES

AND TO THE COURTS. I PERSONALLY AM THROUGH WITH FIXING

THE BLAME OR RESPONSIBILITY FOR WATERGATE I PERSONALLY AM

-3-

THROUGH WITH DETERMINING THE LEGALITY OR MORALITY OF THE

VIETNAM WAR AND I HOPE THAT ALL AMERICANS FEEL THE SAME.

NO ONE CAN REJOICE IN THE EVENTS WHICH LED TO

THE TERMINATION OF THE PRESIDENCY OF EITHER RICHARD NIXON

OR LYNDON JOHNSON NO ONE COULD HAVE POSSIBLY DESIRED THE

WHOLE CHAIN OF CIRCUMSTANCES FROM THEIR SEEMINGLY INCON-

SEQUENTIAL BEGINNINGS TO THEIR DISMAL FINISH. WE ONLY

CAN ABOVE ALL TAKE COMFORT IN THE FACT THAT IN BOTH EVENTS

THE FINISH HAS COME.

AS PRESIDENT FORD SAID AT HIS SWEARING-IN CEREMONY:

"MY FELLOW AMERICANS OUR LONG

NATIONAL NIGHTMARE IS OVER.

"OUR CONSTITUTION WORKS.

"OUR GREAT REPUBLIC IS A GOVERNMENT

OF LAWS AND NOT OF MEN. HERE THE

PEOPLE RULE. BUT THERE IS A HIGHER

POWER BY WHATEVER NAME WE HONOR HIM -

-4-

WHO ORDAINS NOT ONLY RIGHTEOUSNESS

BUT LOVE NOT ONLY JUSTICE BUT MERCY.

"AS WE BIND UP THE INTERNAL WOUNDS

OF WATERGATE MORE PAINFUL AND MORE

POISONOUS THAN THOSE OF FOREIGN WARS -

LET US RESTORE THE GOLDEN RULE TO OUR

POLITICAL PROCESS AND LET BROTHERLY LOVE

PURGE OUR HEARTS OF SUSPICION AND HATE."

I ENDORSE THAT GREAT SENTIMENT THERE SO ELOQUENTLY

EXPRESSED BY OUR NEW LEADER. I TOO BELIEVE THAT WATERGATE -

AND VIETNAM AND ALL THAT THOSE TERMS HAVE COME TO IMPLY -

SHOULD NOW BE PUT BEHIND US. OUR IMMEDIATE DUTY IS TO

RALLY BEHIND OUR CANDID OPEN AND FORTHRIGHT NEW PRESIDENT

IN SOLVING THE PROBLEMS OF THE NATION. THE TIME AND

ENERGIES WHICH WERE DEVOTED BY SO MANY DURING PAST YEARS TO

OUR UNHAPPY DOMESTIC AND FOREIGN SITUATIONS ARE NOW DESPERATELY

NEEDED IN HELPING TO DEVISE CURES TO THE MANY ILLS OUR

COUNTRY FACES.

ALL AMERICANS HAVE AN INDIVIDUAL RESPONSIBILITY FOR

MEETING THOSE CHALLENGES AND SOLVING THOSE PROBLEMS. SO I

URGE EACH OF YOU SEVERALLY AND COLLECTIVELY TO JOIN WITH

PRESIDENT FORD AND WITH THE CONGRESS IN A MASSIVE EFFORT TO

RIGHT THE WRONGS TO OUR NATION CAUSED BY RECENT ABUSES OF

GOVERNMENTAL PROCESSES. NOW IS NOT THE TIME FOR RECRIMINA-

TION NOR IS IT A TIME FOR VENGEANCE. IT IS THE TIME TO

COME TOGETHER AND IT IS THE TIME TO GO FORWARD. THE

RUPTURES OF WATERGATE AND VIETNAM HAVE LEFT FESTERING SORES

IN OUR NATIONAL LIFE. THE CURES OF NECESSITY IN MANY

INSTANCES WILL BE EQUALLY PAINFUL.

THE EVENTS OF THE PAST FEW WEEKS HAVE SET IN

MOTION PROCESSES WHICH I AM CONVINCED WILL CLEANSE THE

WOUNDS OF WATERGATE. MONUMENTAL REFORM MEASURES AIMED

AT CLEANING UP ELECTION PROCEDURES HAVE NOW PASSED BOTH

HOUSES OF CONGRESS THOUGH IN DIFFERENT FORM. WIDESPREAD

BI-PARTISAN SUPPORT OF THOSE EFFORTS WILL SHORTLY INSURE

THE NEEDED MACHINERY TO MITIGATE AND PERHAPS ELIMINATE -

THE ELECTION ABUSES WHICH HAVE BEEN AN UNHAPPY PART OF OUR

POLITICAL LIFE. THE AUTHORITIES AND PARTICULARLY THOSE

IN THE JUSTICE SYSTEM WHOSE SPECIAL ASSIGNMENT IT IS ARE

IN AN EVEN-HANDED WAY CONTINUING TO PROCESS CHARGES MADE

AGAINST THOSE WHO MAY HAVE ABUSED OUR LAWS AND OUR

INSTITUTIONS.

BUT THERE IS HOWEVER ANOTHER NATIONAL SORE

WHICH CONTINUES TO BE LARGELY IGNORED BY MOST AMERICANS.

THERE ARE MORE THAN 6 MILLION VIETNAM WAR VETERANS MEN

AND WOMEN WHO SERVED IN THE UNITED STATES MILITARY BETWEEN

AUGUST 1964 AND JANUARY 1973. SOME 3 MILLION OF THOSE

SERVED IN THE FIGHTING WAR IN VIETNAM. MOST CAME HOME

PHYSICALLY WHOLE BUT THOUSANDS RETURNED PERMANENTLY DISABLED.

UNLIKE PRIOR WARS THEY CAME HOME NOT TO BE

RECEIVED AS HEROES BUT IN LARGE MEASURE AS SOLDIERS

AMERICANS WANTED TO FORGET. AS A VETERAN OF WORLD WAR II

-7-

WHO REMEMBERS COMING HOME I SUGGEST THAT THEIR SUBSEQUENT

TREATMENT BY THE NATION AS A WHOLE HAS BEEN NOTHING LESS

THAN A NATIONAL DISGRACE. IN ADDITION TO THE THOUSANDS

AND THOUSANDS WHO SERVED IN THAT UNDECLARED WAR MOST HONORABLY -

THERE ARE THOSE OVER 450,000 SERVICEMEN WHO RECEIVED "LESS

THAN HONORABLE" DISCHARGES AND WHO DAILY SUFFER THE LEGAL

DISABILITIES THAT THOSE DISCHARGES CARRY. MANY OF THOSE

"LESS THAN HONORABLE" DISCHARGES WERE ADMINISTRATIVELY GIVEN

WITHOUT A SEMBLANCE OF WHAT WE IN THE LEGAL PROFESSION STYLE

AS DUE PROCESS.

THERE IS ALSO ANOTHER GREAT BODY OF YOUNG AMERICANS -

AS YET NOT SATISFACTORILY NUMBERED BY ANY GROUP WHO REFUSED

TO SERVE FOR WHATEVER REASONS IN THAT UNDECLARED WAR WHO

RESISTED THE DRAFT OR WHO DESERTED ONCE INDUCTED. VARIOUS

ESTIMATES HAVE BEEN ADVANCED AS TO JUST HOW MANY OF THESE WAR

RESISTERS THERE ARE SOME PLACING IT AS HIGH AS 200,000.

BUT EVEN THE MOST CONSERVATIVE ESTIMATES HAVE FIXED THE

NUMBER OF WAR RESISTERS BOTH DRAFT EVADERS AND DESERTERS -

NOW LIVING IN OTHER COUNTRIES OR UNDERGROUND IN THE UNITED

STATES AS FUGITIVES AT SOMEWHERE ABOVE 25,000. IT

SEEMS TO ME THAT THOSE AMERICANS LIKE THE VIETNAM VETERANS -

HAVE HAD THEIR LIVES ALMOST IRREPARABLY ALTERED BY A MILITARY

ENGAGEMENT WHICH BY NOW ALMOST ALL AMERICANS ACCEPT AS A

NATIONAL MISTAKE.

IN PART THE VETERAN AND THE WAR RESISTER SUFFER

BECAUSE THEY ARE IN A VERY REAL SENSE THE ONLY REAL

INHERITORS OF THE MASSIVE LEGACY OF THAT CATASTROPHY.

THEY TOGETHER VETERAN AND WAR RESISTER ARE THE LINGERING

SYMBOLS OF THE CANCER OF VIETNAM A WAR WHICH CAUSED A

BITTERNESS AND DIVISIVENESS AMONG OUR PEOPLE PARALLELED

IN NATIONAL INTENSITY ONLY BY THE WAR BETWEEN THE STATES

MORE THAN ONE HUNDRED YEARS AGO. IT IS CLEAR THAT THESE

STRESSES AND STRAINS HAVE CAUSED A NATIONAL ILLNESS WHICH

EXCRUCIATINGLY HAS BROUGHT OUT THE BEST AND THE WORSE -

IN OUR PEOPLE. SOCIETY'S WOUNDS ARE YET BARE FOR ALL

TO SEE. IF OUR NATION IS AGAIN TO BE SERENE IT IS A

NATIONAL IMPERATIVE THAT WE BIND THOSE WOUNDS AND RID

OURSELVES OF THAT INTERNAL POISON.

NOBODY SEEMS TO CLAIM RESPONSIBILITY FOR THE

PRESENT PLIGHT OF THE VETERAN AND THE WAR RESISTERS.

THERE SEEMS TO BE A MORAL VOID A RESPONSIBILITY VACUUM.

FOR THAT REASON AND FOR COMPASSION IT SEEMS TO ME TIMELY

TO SUGGEST INCREASED GOVERNMENTAL ACTIONS AT ALL LEVELS

DIRECTED TO IMPROVE THE LOT OF THE VETERAN TO CLEAR THE

RECORDS OF THOSE UNFAVORABLY DISCHARGED AS A RESULT OF WAR

RESISTANCE AND TO REHABILITATE OR IF YOU WILL TO

REPATRIATE AND BRING BACK INTO THE FOLD THOSE LEGIONS OF

YOUNG MEN WHO REFUSED TO SERVE IN AN UNDECLARED WAR WHICH

WAS AND STILL IS AN UNHAPPY EXPERIENCE TO ALMOST ALL AMERICANS.

IN ESSENCE I SUGGEST THAT IT IS NOW TIME FOR AMERICA TO

CLEAN UP INTERNALLY THE DEBRIS OF THE VIETNAM WAR.

-10-

ON EITHER SIDE OF THE COIN IT SEEMS TO ME THAT

OUR NATION AS A WHOLE CAN ACT MORE IN KEEPING WITH OUR PROUD

PAST. FIRST THOSE OF US WHO PUT THIS NATION AND ITS

CITIZENS IN THAT NO-WIN FOREIGN ENTANGLEMENT AND WHO THEN

INSISTED THAT WE REMAIN THERE LONG AFTER MAJORITY SUPPORT

FOR THE EFFORT HAD EVAPORATED CANNOT FOREVER IN OUR

HEARTS ABSOLVE OURSELVES FROM FURTHER RESPONSIBILITY TO THESE

YOUNG AMERICANS WHO ARE THE LEGATEES OF THOSE DECISIONS.

AND SECOND THOSE OF US WHO OPPOSED THE WAR -

WHO OPPOSED THAT INVOLVEMENT IN WHATEVER WAY WE WERE

EMPOWERED TO DO CANNOT CONTINUE TO HURT THOSE ALMOST

ANONYMOUS AMERICANS WHO PARTICIPATED OR REFUSED TO PARTICIPATE

IN THAT WAR WHEN WE NOW KNOW THAT EITHER PARTICIPATION OR

NON-PARTICIPATION OUT OF CONSCIENCE ULTIMATELY CONTRIBUTED

TO THAT PUBLIC DISGUST WITH THE WAR WHICH EVENTUALLY WAS FELT

FOR MULTIPLE REASONS BY ALL AMERICANS.

FOR THOSE WHO LOVE JUSTICE AND MERCY AND FAIRNESS -

-11-

FOR THOSE WHO CHERISH DUE PROCESS AND EQUAL TREATMENT FOR

ALL IT SEEMS TO ME THAT EACH OF US SHOULD NOW ACKNOWLEDGE

THAT THE PROBLEMS LEFT OVER FROM OUR MIS-ADVENTURE MUST BE

ADDRESSED AND PROMPTLY RESOLVED.

IN ESSENCE AND WITHOUT EQUIVOCATION IT SEEMS

TO ME THAT BOTH VIETNAM VETERANS AND THOSE NON-VETERANS WHO

WERE VIETNAM WAR RESISTERS HAVE SUFFERED ENOUGH AND HAVE

BEEN PUNISHED ENOUGH.

LEGISLATION SHOULD BE IMMEDIATELY ENACTED BY THE

CONGRESS TO SUPPORT MORE REALISTIC AND CONCRETE BENEFITS

FOR THE VETERAN. LEGISLATIVE REMEDIES TO RE-EDUCATE AND

RE-TRAIN THE VIETNAM VETERAN ARE AN URGENT NATIONAL PRIORITY.
/

THE EDUCATIONAL BENEFITS WHICH WE OLDER VETERANS OBTAINED

THROUGH THE G. I. BILL ARE NO LONGER ECONOMICALLY SUFFI-

CIENT TO MAKE HIGHER EDUCATION A REAL POSSIBILITY. THOSE

BENEFITS IN THIS INFLATIONARY PERIOD ARE SIMPLY TOO

LOW. THEY IN THEMSELVES DO NOT AND CANNOT ENABLE

VETERANS TO BECOME EDUCATED AND USEFUL AND PRODUCTIVE

AMERICANS. MANY VETERANS ARE NOT FULLY AWARE OF THEIR

-12-

EDUCATIONAL OR DISABILITY BENEFIT RIGHTS AND THE ADMINIS-

TRATIVE PROCESSES TO SECURE THEM ARE OFTEN TOO SLOW TOO

COMPLICATED AND THUS OFTEN UNUSED. THE DRUG PROBLEMS

OF VETERANS WHICH AS A GENERAL RULE WERE INCURRED NOT

BEFORE THEY WENT TO VIETNAM BUT WHILE THERE MUST BE

DEALT WITH IN AN EFFECTIVE AND LASTING WAY. THE DISABLED

AND UNEMPLOYED VETERAN SHOULD ALSO RECEIVE OUR UTMOST ATTENTION.

IT IS TRUE THAT THE CONGRESS IS NOW CONSIDERING UPGRADING

VETERAN EDUCATIONAL AND DISABILITY BENEFITS AND JOB TRAINING

PROGRAMS AS WELL AS STREAMLINING VETERAN BENEFIT DELIVERY

SYSTEMS BUT THE PROGRESS OF THOSE MEASURES THROUGH THE

CONGRESSIONAL MAZE IS DISTRESSINGLY SLOW. I SUGGEST THAT

ALL AMERICANS OUT OF DECENCY ACTIVELY SHOULD SUPPORT THOSE

MEASURES. THE PROBLEMS PSYCHOLOGICAL AND PSYCHIATRIC -

OF VIETNAM VETERANS SHOULD PROMPTLY RECEIVE THE FULL ATTENTION

OF THE NATION AND EACH OF ITS COMMUNITIES. THROUGH

EXTENSIVE EFFORTS THROUGHOUT ALL ELEMENTS OF OUR SOCIETY -

-13-

I AM CONFIDENT THAT QUITE RAPIDLY WE COULD ALLEVIATE OR

AT LEAST MITIGATE MANY OF THEIR DIFFICULTIES SIMPLY BY

FOCUSING PUBLIC ATTENTION ON THEM.

I AM ALSO CONVINCED THAT THE NATION SHOULD MAKE

A MAJOR EFFORT TOWARD REHABILITATING OR REPATRIATING THOSE

WHO RESISTED THE DRAFT WHO DESERTED FROM THE SERVICE -

AND THOSE WHOSE RECORDS SHOW BAD SERVICE ONCE INDUCTED.

MANY OF THOSE OF COURSE WERE VICTIMS OF BAD JUDGMENT -

POOR ADVICE AND BAD MOTIVATIONS. OTHERS HOWEVER -

ACTED OUT OF DEEP PERSONAL CONVICTION. MANY IN THEIR

HEARTS OBJECTED TO THE COURSE WHICH OUR COUNTRY FOLLOWED

AS WE BECAME MORE AND MORE INVOLVED IN THE SHOOTING WAR.

WE CONTINUALLY SHOULD REMIND OURSELVES THAT THIS WAS A

LIMITED WAR WHICH DID NOT AT ANY TIME REQUIRE OUR

NATION'S FULL MANPOWER MOBILIZATION. IT WAS NEVER AN

ALL-OUT NATIONAL EMERGENCY.

THUS IT WAS THAT ERRATIC DRAFT LAWS FLUCTUATING

-14-

QUOTAS AND MASSIVE DEFERMENTS MADE IT AT ALL TIMES

EMBARRASSINGLY ARBITRARY AS TO WHICH ELIGIBLE YOUNG MEN -

AS THEY INDIVIDUALLY BECAME OF MILITARY AGE HAD TO MAKE

THE CHOICES WHICH HAVE NOW BECOME SO CRUCIAL TO THEIR

FUTURE LIFE. SOME MADE IT RIGHT AND SOME MADE IT WRONG

BUT ALMOST ALL WHO MADE IT MADE THAT CHOICE AS THEIR FIRST

SIGNIFICANT DECISION AS A LEGAL ADULT.

FOR THE MOST PART THE ACTUAL DRAFTEES FOR

VARIOUS REASONS WERE HEAVILY WEIGHTED WITH THE POOR -

THE UNEDUCATED AND THE MINORITIES A FACT WHICH AT LEAST

IN MY MIND RAISES THE SERIOUS QUESTION OF UNJUST DISCRIMINATION

AGAINST THOSE WHO WERE POWERLESS TO AVOID SERVICE IN THE WAR

COMPARED TO THOSE WHO THROUGH DEFERMENTS LEGAL MANEUVERING -

AND OTHER METHODS SUCCESSFULLY AVOIDED MILITARY SERVICE.

SO NOW THAT THE SHOOTING WAR IN VIETNAM HAS ENDED -

AND I APPLAUD WITHOUT RESERVATION THAT RESULT AND THOSE WHO

BROUGHT IT ABOUT WE IN THIS LAND WHO MUST BE UNITED IN ALL

-15-

FEASIBLE WAYS IF OUR HOPES AND ASPIRATIONS ARE TO BE FULFILLED -

SHOULD QUESTION WHETHER IT IS NOW TIMELY TO OFFER THOSE YOUNG

PERSONS WHO MADE THE HARD CHOICE AND WHO DID REFUSE TO

PARTICIPATE IN AN UNDECLARED WAR AN OPPORTUNITY ONCE AGAIN

TO BECOME PRODUCTIVE CITIZENS IN THIS THEIR COUNTRY AND TO

BE UNITED AGAIN WITH THEIR FAMILIES AND FRIENDS. IF WE DO

NOT THEY WILL CONTINUE NOT TO CONTRIBUTE TO OR BENEFIT

FROM OUR SOCIETY.

UNCONDITIONAL AMNESTY EARNED IMMUNITY CONDITIONAL

AMNESTY ALTERNATE SERVICE OR ANY OTHER PLAN WHICH IN

WHOLE OR IN PART RESOLVES OUR DILEMMA WOULD BE PREFERABLE

TO THE PRESENT SITUATION. IN ALL CONSCIENCE THIS

COUNTRY OF INDIVIDUAL RIGHTS AND GROUP RESPONSIBILITY CANNOT

CONTINUE TO DISREGARD THIS ALL ENCOMPASSING ISSUE AND I

FOR ONE AM EXTREMELY PLEASED THAT PRESIDENT GERALD FORD

IS EXHIBITING A WELCOME CONCERN FOR THE SOLUTION OF THIS

MOST DIFFICULT OF PROBLEMS.

-16-

JUST AS PRESIDENT FORD I DO NOT SUGGEST THAT WE -

IN ANY WAY RETROACTIVELY HONOR THOSE WHO REFUSED TO SERVE

IN THE WAR ALTHOUGH I DO HAVE SUBSTANTIAL SYMPATHY FOR THE

PROPOSITION THAT THOSE WHO RESISTED OUT OF CONSCIENCE MAY

IN THE FINAL ANALYSIS HAVE BEEN AT LEAST AS RIGHT AS THOSE

WHO OBEDIENTLY SERVED OUT OF CONSCIENCE.

THE REAL AND ONLY THING OUR GOVERNMENT AND WE AS

ITS CITIZENS MUST DECIDE IS WHETHER AT THIS TIME THIS NATION

SHOULD EXERCISE THE DISCRETION LEGALLY TO FORGET ABOUT THE

ACTIONS OF AMERICANS IN CONNECTION WITH THE VIETNAM WAR -

ACTIONS WITH WHICH WE DISAGREED THEN AND PERHAPS EVEN NOW.

AS AN INDIVIDUAL AMERICAN CITIZEN I NOW WOULD GIVE THOSE

WHO TOOK SUCH ACTIONS AN OPPORTUNITY TO BECOME AGAIN FULL

PRODUCTIVE CITIZENS.

I ALSO SUGGEST THAT IT IS TIME FOR OUR POLITICAL -

SOCIETAL AND PROFESSIONAL LEADERS TO QUIT BEING CAUTIOUS

ABOUT MORAL ISSUES AND I APPLAUD PRESIDENT FORD FOR

-17-

ADDRESSING THE ISSUE.

I KNOW AND I BELIEVE THAT EACH OF YOU KNOW THAT

WE MUST FACE THIS ISSUE REGARDLESS OF HOW PAINFUL IT MAY

BE TO SOME. WE MUST RECOGNIZE THAT THE HUMAN PROBLEM OF

SOCIETAL RE-ENTRY FROM THE VIETNAM DISASTER IS TO MILLIONS

OF AMERICANS A VERY REAL ONGOING LIVING TRAGEDY OF EVERYDAY

SIGNIFICANCE AND THAT UNTIL THEY ARE RESOLVED WE SHALL HAVE

ONLY A DIVIDED NATION.

SO AT THIS TIME OF NEW AND FRESH APPROACH TO

NATIONAL PROBLEMS I VERY MUCH HOPE THAT OUR PEOPLE MAY SOON

ARRIVE AT SOME WORKABLE SOLUTIONS THAT WILL IN A COMPASSIONATE

WAY REHABILITATE THOSE AMERICANS WHO ARE THE DEBRIS OF THE

VIETNAM WAR.

WHAT I ASK SEEMS TO BE TO SQUARE ONLY WITH COMPASSION -

WITH CONSCIENCE WITH WISDOM WITH CHARITY AND GENEROSITY.

ULTIMATE FORGIVENESS OF GOVERNMENTAL PUNISHMENT IS FULLY

COMPATIBLE WITH OUR NATIONAL TRADITIONS AND I PERSONALLY

BELIEVE THAT LIMITATION ON GOVERNMENTAL PUNISHMENT TO THOSE

-18-

WHO ACTED UNLAWFULLY IN BOTH THE VIETNAM WAR AND WATERGATE IS

NOW IN THE NATIONAL INTEREST. I SUGGEST ONLY JUSTICE TO

THE UNFORTUNATE WHO HAVE ALREADY PAID A PENALTY THE

FORGETFULNESS BY LAW NOW THAT THE SHOOTING WAR IS BEHIND US

OF PAST ACTS OF THOSE WHO FELT COMPELLED DURING THOSE HOARY

TIMES TO DO THAT WHICH THE LAW DID NOT PERMIT A DETERMINATION

UNDER PRESENT CIRCUMSTANCES THAT WE AS A NATION WILL NOW VIEW

SUCH UNLAWFUL ACTS WITH BOTH MERCY AND UNDERSTANDING EVEN

THOUGH WE AS A NATION CONTINUE TO BELIEVE THAT THOSE INDIVIDUALS

WHO UNDERTOOK SUCH ACTS WERE AT THE TIME ILL-ADVISED AND

LEGALLY WRONG. OURS IS A HUMANITARIAN HERITAGE IN OUR

NATIONAL PAST WE HAVE ALWAYS FELT THAT IT WAS BETTER TO

FORGIVE AND FORGET THAN TO TAKE VENGEANCE. IF OUR

SUNDERED NATION IS TO BE REUNITED RECRIMINATIONS ABOUT

EITHER VIETNAM OR WATERGATE CANNOT LONG BE OUR GUIDE. HATE

CANNOT LEAD TO A BETTER WORLD NOR CAN IT BRING DOMESTIC

TRANQUILITY.

ON THIS BRIGHT NEW BEGINNING OF AN ADMINISTRATION

UNHAMPERED BY THE SCARS OF PAST NATIONAL POSITIONS I

FERVENTLY BELIEVE THAT PRESIDENT GERALD FORD CAN LEAD THE

-19-

WAY TO A FULL UNIFICATION OF ALL ELEMENTS OF OUR NATION.

EVERYTHING HE HAS DONE TO DATE EVERY ACTION HE HAS TAKEN -

REAFFIRMS MY BELIEF THAT HE WILL DO SO.

I ASK OF YOU WHERE IS THE STRENGTH OF THIS COUNTRY

IF OUR LAWS DO NOT ALLOW AT SOME TIME FOR ALL PERSONS OF

INTEGRITY AND CONSCIENCE TO LIVE SIDE BY SIDE? WE OWE

IT TO OUR COUNTRY'S FUTURE WE OWE IT TO THOSE PEOPLE WHO

MAY IN DISTANT DAYS BE LIKEWISE INVOLVED WE OUT OF OUR OWN

CONSCIENCE OWE IT TO OURSELVES FINALLY TO CLEAN UP THE RUBBLE

OF OUR UNFORTUNATE PAST. IT WOULD BE ONLY A HUMANE ACT

OF GOVERNMENTAL CONSCIENCE NOW TO FORGIVE AND LEGALLY FORGET

THOSE WHO DID WHAT THEY THOUGHT THEY HAD TO DO IN THAT

CONFLICTED AND CONVOLUTED PERIOD.

SO IN CLOSING I REPEAT PRESIDENT FORD'S STATE-

MENT AS HE TOOK HIS PRESIDENTIAL OATH:

"......LET US RESTORE THE GOLDEN RULE

TO OUR POLITICAL PROCESS AND LET

BROTHERLY LOVE PURGE OUR HEARTS OF

SUSPICION AND HATE."

-20-

I HOPE VERY MUCH THAT ALL AMERICANS WILL SUPPORT

PRESIDENT FORD IN ALL REASONABLE AND FEASIBLE WAYS IN

PUTTING BEHIND US FOREVER OUR MORBID PREOCCUPATION WITH

WHO CAUSED OUR PROBLEMS BE THEY VIETNAM OR BE THEY

WATERGATE. IT IS A TIME TO HEAL AND TO MEND IT IS

A TIME FOR COMPASSION FOR CHARITY FOR AMNESTY AND

FOR FORGIVENESS. IT IS A TIME FOR US TO COME TOGETHER

AS ONE PEOPLE WHO LOVE OUR NATION. IT IS A TIME FOR US

TO COME TOGETHER AS AN UNDIVIDED NATION WHO CHERISHES ALL

OF ITS PEOPLE. IT IS A TIME TO FORGET THE PAST IT

IS A TIME TO BUILD FOR THE FUTURE.

(END)

-21-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 127

VOLUME VIII

REMARKS OF:

BEFORE:

PLACE:

DATE:

SUBJECT:

CHESTERFIELD SMITH

JACKSONVILLE ROTARY CLUB

HILTON HOTEL

JACKSONVILLE, FLORIDA

MONDAY, SEPTEMBER 23, 1974

12:30 PM.

THE DEBRIS OF THE VIETNAM WAR

AND WATERGATE

TWENTY MINUTES

TIME:

RICHARD NIXON A REPUBLICAN AND LYNDON JOHNSON -

A DEMOCRAT BOTH CAME TO ACCEPT THROUGH PERSONAL ANGUISH -

THAT THE PRESIDENCY OF THIS MOST STURDY OF ALL FREE NATIONS -

BELONGS TO THE PEOPLE NOT TO ANY INDIVIDUAL NOR TO ANY

PARTY AND THAT WHEN A PRESIDENT OF THIS LAND OF THE RUGGED

INDIVIDUAL CANNOT LEAD ITS CITIZENRY HE MUST STAND ASIDE.

A')

~~~jI -t
6

THE AMERICAN PEOPLE AND OUR DEMOCRATIC INSTITUTIONS

REVEALED THEIR MAJESTIC STRENGTH IN BRINGING THIS MESSAGE

HOME TWICE IN SIX YEARS TO TWO MEN EACH OF WHOM HAD WON

OVERWHELMING VICTORIES IN THEIR PRESIDENTIAL ELECTIONS AND

EACH OF WHOM TOOK HIS TRIUMPH AS A GIFT OF VIRTUALLY UNBRIDLED

EXECUTIVE POWER,

BOTH PRESIDENT NIXON AND PRESIDENT JOHNSON HAD THE

OPPORTUNITY TO RAISE THE HOPES OF THE NATION AND OF THE

WORLD,

PRESIDENT JOHNSON SUCCEEDED IN ELEVATING THE

EXPECTATIONS OF ALL AMERICANS TOWARD EQUAL PARTICIPATION IN

THE BENEFITS OF OUR ROBUST SOCIETY,

PRESIDENT NIXON

SUCCEEDED IN GENERATING A CLIMATE IN WHICH THERE IS REAL

HOPE THAT INTERNATIONAL PEACE MIGHT PREVAIL,

BUT

-2-

EVENTUALLY BOTH MEN WERE ENGULFED BY THEIR FAILURES.

ALTHOUGH THEIR TRAGEDIES WERE CUT FROM DIFFERENT CLOTH EACH

HAD THE COMMON THREAD THAT EXECUTIVE POWER WAS DEEMED THE

POWER OF A NATION AND THAT THE PRESIDENTIAL VOICE COULD

DROWN OUT THE VOICES OF DISSENT,

NEITHER PRESIDENCY SURVIVED BUT AMERICAN DEMOCRACY

HAS MORE THAN SURVIVED.

AMERICAN DEMOCRATIC INSTITUTIONS

HAVE BEEN NOURISHED BY THESE TESTS OF STRENGTH.

THE

POWER OF THE RULE OF LAW HAS EMERGED TRIUMPHANT AFTER ITS

GREATEST CHALLENGE. BUT THE TESTS OF DEMOCRACY AND OF

THE RULE OF LAW ARE NEVER ENDED, A VICTOR'S HARDEST TASK

COMES NOT IN WINNING A WAR BUT IN WINNING A PEACE.

AS AMERICANS WE MUST NOW HAVE THE STRENGTH TO REBUILD FAITH

IN THE POLITICAL PROCESS -- WE MUST HAVE THE WISDOM TO HEAL

AND THE COMPASSION TO FORGIVE.

WHILE I DO NOT CONDONE THE ABUSES OF POWER THAT

TOOK PLACE IN EITHER PRESIDENCY OR WHAT IS EVEN WORSE -

THE CYNICAL MANIPULATION OF PEOPLE AND THE DEGRADATION OF

OUR INSTITUTIONS I BELIEVE THAT WE SHOULD LEAVE THOSE

TASKS TO THE HISTORIANS AND TO THE AUTHORITIES AND TO

THE COURTS,

I BELIEVE THAT THE INTERMINABLE DISCUSSIONS ABOUT

WATERGATE AND VIETNAM AND ALL THAT THOSE TERMS HAVE COME

TO IMPLY SHOULD NOW BE QUICKLY PUT BEHIND US,

THE TIME

AND ENERGIES WHICH WERE DEVOTED BY SO MANY DURING PAST YEARS

TO OUR UNHAPPY DOMESTIC AND FOREIGN SITUATIONS ARE NOW

-4-

DESPERATELY NEEDED IN HELPING TO DEVISE CURES TO THE MANY

ILLS OUR COUNTRY FACES.

AMERICANS SEVERALLY AND COLLECTIVELY SHOULD

SEARCH OUR MINDS AND CONSCIENCE FOR WAYS IN WHICH WE IN-

DIVIDUALLY CAN HELP PRESIDENT FORD AND THE CONGRESS TO RIGHT

THE WRONGS TO OUR NATION CAUSED BY THOSE RECENT ABUSES OF

GOVERNMENTAL PROCESSES,

NOW IS NOT THE TIME FOR RECRIM-

NATION NOR IS IT A TIME FOR VENGEANCE.

IT IS THE TIME

TO COME TOGETHER AND IT IS THE TIME TO GO FORWARD. THE

RUPTURES OF WATERGATE AND VIETNAM HAVE LEFT FESTERING SORES

IN OUR NATIONAL LIFE.

THE CURES OF NECESSITY IN MANY

INSTANCES WILL BE EQUALLY PAINFUL OR PERHAPS EVEN MORE

PAINFUL,

-5-

THE EVENTS OF THE PAST FEW MONTHS HAVE SET IN

MOTION PROCESSES WHICH I AM CONVINCED WILL GO A LONG WAY

TOWARDS CLEANSING THE WOUNDS OF BOTH WATERGATE AND VIETNAM.

MONUMENTAL REFORM MEASURES AIMED AT CLEANING UP ELECTION

PROCEDURES HAVE NOW PASSED BOTH HOUSES OF CONGRESS THOUGH

IN DIFFERENT FORM.

THE AUTHORITIES AND PARTICULARLY

THOSE IN THE JUSTICE SYSTEM WHOSE SPECIAL ASSIGNMENT IT IS -

ARE IN AN EVEN-HANDED WAY CONTINUING TO PROCESS CHARGES MADE

AGAINST THOSE HIGH OFFICERS WHO ABUSED OUR LAWS AND OUR

INSTITUTIONS,

THE CONGRESS HAS ENACTED INTO LAW A

MEASURE WHICH RE-ASSERTS ITS SOLE AUTHORITY TO PUT THIS

NATION IN A WAR.

-6-

BUT WITH ALL OF THAT IT SEEMS TO ME THAT OUR

NATION AS A WHOLE CAN ACT INSOFAR AS THE INDIVIDUALS

WHO SUFFER TODAY FROM THEIR ACTS IN EITHER VIETNAM OR

WATERGATE MORE IN KEEPING WITH OUR PROUD PAST.

THOSE

OF US WHO PERMITTED THIS NATION AND ITS CITIZENS TO GET IN

THOSE DISASTROUS ENTANGLEMENTS CANNOT FOREVER IN OUR HEARTS

ABSOLVE OURSELVES FROM RESPONSIBILITY TO CLEAN UP THE DEBRIS

LEFT OVER FROM THOSE ACTIONS.

THOSE WHO LOVE JUSTICE AND

MERCY AND FAIRNESS THOSE WHO CHERISH DUE PROCESS AND EQUAL

TREATMENT FOR ALL IT SEEMS TO ME SHOULD NOW ACKNOWLEDGE

THAT THE PROBLEMS LEFT OVER FROM OUR MIS-ADVENTURES MUST BE

ADDRESSED AND PROMPTLY RESOLVED.

-7-

NOW THAT THE SHOOTING WAR IN VIETNAM HAS ENDED -

AND NOW THAT RICHARD NIXON AND HIS UNSAVORY CREW NO LONGER

OCCUPY THE WHITE HOUSE WE IN THIS LAND WHO MUST BE UNITED

IN ALL FEASIBLE WAYS IF OUR HOPES AND ASPIRATIONS ARE TO BE

FULFILLED SHOULD QUESTION WHETHER IT IS NOW TIMELY TO FORGET

LEGALLY WHO CAUSED WHAT.

IS THERE A WAY IN WHICH WE CAN

THUS INSURE THE DOMESTIC TRANQUILITY?

I FOR ONE AM EXTREMELY PLEASED THAT PRESIDENT

GERALD FORD HAS EXHIBITED A CONCERN FOR THE SOLUTION OF THOSE

MOST DIFFICULT OF PROBLEMS,

WHILE I CONTINUE TO HAVE

MAJOR RESERVATIONS ABOUT RICHARD NIXON I SUPPORT IN GENERAL

THE GRANT OF PRESIDENTIAL AMNESTY MADE TO HIM AND TO THE

-8-

I WANT TODAY IN A PRACTICAL WAY

TO DISCUSS BOTH PRESIDENTIAL ACTIONS,

I KNOW AND I BELIEVE THAT EACH OF YOU KNOW

THAT OUR STURDY LAND HAD SOMEDAY TO FACE EACH OF THESE

ISSUES REGARDLESS OF HOW PAINFUL IT MAY BE TO SEGMENTS OF

OUR PEOPLE.

WE HAD AT SOME TIME TO RECOGNIZE THAT THE

HUMAN PROBLEM OF SOCIETAL RE-ENTRY FROM THE VIETNAM DISASTER

IS TO MILLIONS OF AMERICANS A VERY REAL ONGOING LIVING

TRAGEDY OF EVERYDAY SIGNIFICANCE AND THAT UNTIL IT IS

RESOLVED WE SHALL HAVE ONLY A NATION DIVIDED.

WE HAD AT

SOME POINT TO RECOGNIZE THAT THE INSATIABLE INVOLVEMENT OF

THE CONGRESS AND THE EXECUTIVE BRANCH AND THE MEDIA -

AND WE THE PEOPLE WITH WATERGATE WAS SUCH THAT PEOPLE

-9-

VIETNAM WAR RESISTERS,

EQUALLY DEVOTED TO THE NATION CONTINUED TO QUIBBLE AND

BICKER ABOUT THE REMEDIAL ACTIONS THAT OBVIOUSLY SHOULD

BE TAKEN.

AS I SEE IT AMNESTY FOR RICHARD NIXON AND

AMNESTY FOR VIETNAM WAR RESISTERS IS A PRAGMATIC POLITICAL

BARGAIN THAT HAS NOTHING TO DO WITH THE GUILT OR INNOCENCE

OF ANYONE INVOLVED.

INDEED PRESIDENTIAL AMNESTY IS

GRANTED QUITE INDEPENDENT OF THE GUILT OF THE AMNESTITIZED

PARTY BE THAT GUILT MORAL OR LEGAL AND FRANKLY WITH ONLY

RELATIVELY MINOR PRESIDENTIAL CONCERN WITH WHETHER THE

AMNESTITIZED PARTY WANTS THE PRESIDENTIAL ACT OR NOT,

I SUGGEST THAT THE QUESTION OF PRESIDENTIAL AMNESTY

FOR THE FORMER PRESIDENT AND FOR THE VIETNAM WAR RESISTER

-10-

CAN ONLY BE INTELLIGENTLY DISCUSSED WHEN WE UNCLUTTER FROM

IT ALL MORALISTIC NONSENSE ABOUT REPENTANT SINNERS,

SINCE THE PRESIDENT'S ACTION, I HAVE BEEN TOLD BY SOME THAT

PERHAPS RICHARD NIXON ULTIMATELY SHOULD HAVE RECEIVED A

PARDON TO A SPECIFIC CRIMINAL ACT BUT ONLY AFTER HE HAD

CONFESSED HIS GUILT TO THAT ACT.

IN OTHER WORDS IF THE

FORMER PRESIDENT HAD REPENTED AND ASKED FOR OUR FORGIVENESS

THEN WE COULD HAVE EXTENDED OUR COMPASSION,

AN EQUALLY LARGE GROUP OF AMERICANS ASSERT THAT TO

AGREE TO AN AMNESTY NOW FOR VIETNAM DRAFT RESISTERS REQUIRES

US TO ACKNOWLEDGE THAT THE WAR RESISTERS WERE MORALLY IN THE

RIGHT ABOUT VIETNAM AND THE REST OF AMERICA MORALLY IN THE

-11-

IF YOU FOLLOW THAT LOGIC AMNESTY WILL BE

SOLEMNLY ACCEPTED BY THE WAR RESISTERS TO SHOW THAT THEY NOW

GRANT TO THE REST OF US THEIR FORGIVENESS,

BUNK'

NEITHER HE WHO GIVES NOR HE WHO RECEIVES

PRESIDENTIAL AMNESTY CONFESSES ANYTHING,

WE GIVE AMNESTY

NOT FOR THE GOOD OF THE INDIVIDUAL BUT FOR THE GOOD OF THE

SOCIETY.

IT IS OUR EFFORT TO GIVE THE WHOLE COUNTRY A

CHANCE FOR A NEW BEGINNING.

THE MORAL ISSUE IS TOTALLY IRRELEVANT AS IT

OUGHT TO BE IN ANY LEGAL QUESTION,

WHETHER EITHER

RICHARD NIXON OR THE VIETNAM WAR RESISTERS THOUGHT THAT THEY

WERE MORALLY RIGHT OR NOT THEY STILL BROKE THE LAW. IT

-12-

WRONG,

IS AT MOST AN INCIDENTAL BENEFIT THAT BY LEGALLY FORGETTING

THEIR CRIMINAL ACTS WE DO GIVE SOME CITIZENS A FRESH START,

TO THE ARGUMENT THAT THE CONVICTION OF THE YOUNG

VIETNAM WAR RESISTERS OF MORAL RECTITUDE ENTITLES THEM TO

AMNESTY THE SUPPORTERS OF RICHARD NIXON CAN EASILY RESPOND

THAT HE THOUGHT WHAT HE WAS DOING WAS RIGHT FOR OUR NATION,

SO IN FACT CAN THE WHOLE WATERGATE GANG WHOSE CONVICTION

OF MORAL RECTITUDE IN THEIR CRIMINAL ACTS DOUBTLESS WAS AS

STRONGLY HELD AS WAS THAT OF VIETNAM WAR RESISTERS WHEN THEY

TOO VIOLATED THE LAW,

IT IS RIDICULOUS TO ME TO ARGUE THAT THE LAW OUGHT

NOT TO APPLY TO THOSE WHO WERE MORALLY RIGHTEOUS IN A CRIMI-

NAL ACT.

THIS PERNICIOUS NOTION WOULD DESTROY ALL LAW IF

-13-

BUT SOMEHOW OR OTHER I FIND THAT MOST

AMERICANS HAVE BEEN POLARIZED ON THAT PRACTICAL DILEMMA.

DIVIDED AS A PEOPLE WE ARE NOW TODAY SINGULARLY SELECTIVE

ABOUT WHOSE MORAL RIGHTEOUSNESS VALIDLY DISPOSES OF AN UN-

POPULAR LAW THOSE WHO SAY VIETNAM YES USUALLY ALSO SAY

NIXON NO.

THOSE WHO SAY VIETNAM NO USUALLY ALSO

SAY NIXON YES,

THE AMNESTY QUESTION SHOULD DISREGARD BOTH MORAL

ISSUES AND LEGAL GUILT.

I DO NOT SUGGEST THAT OUR NATION

IN ANY WAY NOW HONOR EITHER THOSE WHO REFUSED TO SERVE IN

THE VIETNAM WAR OR THOSE INVOLVED IN WATERGATE,

I DO

SUGGEST THAT THE NATIONAL SERENITY WILL BE ENHANCED IF

-14-

TAKEN SERIOUSLY,

LEGALLY WE STOP FURTHER PUNITIVE GOVERNMENTAL ACTIONS.

ADMITTEDLY THE OBJECTS OF PRESIDENTIAL AMNESTY BE THEY

WATERGATE OR BE THEY VIETNAM ARE IN THE EYES OF MOST OF

US EITHER LEGALLY GUILTY OR THEY COULD BE PROVEN GUILTY

BEFORE A JURY OF THEIR PEERS.

IT IS CLEAR THAT IT IS NOT

AMNESTY TO WHICH A PERSON WHO HAS NOT VIOLATED THE LAW IS

ENTITLED; IT IS A VERDICT OF NOT GUILTY,

I SUGGEST THAT

PRESIDENT GERALD FORD IN HIS RECENT ACTIONS GRANTING

LIMITED AMNESTY TO VEITNAM WAR RESISTERS AND GRANTING FULL

AMNESTY TO RICHARD NIXON WAS NOT INDICATING HIS APPROVAL

OF THE ACTIONS OF EITHER HE WAS AS HE SAID ONLY TRYING TO

HEAL THE NATION'S WOUNDS,

-15-

WHY WOULD ANY PRESIDENT AT ANY TIME WANT TO

EXERCISE HIS AWESOME POWER OF AMNESTY AND WHY WOULD WE AS

A NATION DEDICATED TO THE RULE OF EQUAL JUSTICE FOR ALL WANT

IT EXERCISED?

THE ONLY VALID ARGUMENT I CAN SEE IS

THAT IN SOME CASES THE GRANT OF AMNESTY IS A GOOD THING

FOR SOCIETY.

IN THOSE CASES WHERE IT IS GOOD FOR SOCIETY

EVEN IF THE INDIVIDUALS INVOLVED THINK THAT IT IS NOT GOOD

FOR THEM AMNESTY WOULD STILL HAVE TO BE FORCED UPON THOSE

INDIVIDUALS FOR THE GOOD OF SOCIETY,

MY ARGUMENT THUS BOILS DOWN TO A SIMPLE PROPOSITION -

AMNESTY IS PURELY A PRAGMATIC MATTER,

AMNESTY HANDLES

PAST CONTROVERSIES BY HAVING THE GOVERNMENT FORMALLY DECLARE

-16-

THAT IT IS GOING HENCEFORTH TO FORGET THEM,

TENSIONS ANIMOSITIES FOUL MEMORIES SOMETIMES STORED UP

WITHIN THE POPULATION BY CONTROVERSIAL GOVERNMENTAL ACTS

MUST BE EXORCISED IN A RELATIVELY FEW INSTANCES BEFORE OUR

NATION CAN BE RE-UNITED,

AN OCCASIONAL ORGY OF AMNESTY IS A GOOD THING FOR

A DEMOCRATIC SOCIETY. AMNESTY IN MANY INSTANCES MAY WELL BE

THE MEDICINE WHICH PURGES THE BODY POLITIC FROM THE INFECTIONS

THAT HARASS IT. PRESIDENTIAL AMNESTY IS AN EXERCISE NOT OF

THE VIRTUE OF JUSTICE BUT OF THE VIRTUE OF PRUDENCE,

IT SEEMS TO ME THAT ABOUT HALF OF AMERICA WISHED TO SEE

RICHARD NIXON PUNISHED AND THE OTHER HALF WISHED TO SEE HIM

-17-

THE CONFLICTS -

THE PROPORTIONS FAVORING AMNESTY FOR THE

DRAFT RESISTERS ARE ABOUT THE SAME.

FRANKLY I HAVE

PERSONALLY FOUND VERY FEW AMERICANS WHO ARE SYMPATHETIC BOTH

TO THE WATERGATE GANG AND THE DRAFT RESISTERS.

NIXON -

VIETNAM WAR RESISTERS YES,

BOTH NO.

IF THAT IS TRUE PRESIDENT FORD COULD QUITE

EASILY HAVE CONCLUDED THAT THE SENSIBLE PRAGMATIC AND

PRUDENTIAL POLITICAL DEAL WAS TO GRANT COMPLETE AMNESTY TO

BOTH. THOUGH HE DID NOT PERHAPS IN A FEW MONTHS OR A

FEW YEARS HE OR SOME OTHER PRESIDENT WILL CONCLUDE THAT

IT IS BOTH TIMELY AND PROPER TO DO SO,

MAYBE IT WOULD

HAVE BEEN BEST FOR OUR NATION IF PRESIDENT FORD HAD GONE ALL

-18-

YES.

LEFT ALONG,

THE WAY NOW I JUST DON'T KNOW.

IN EACH AREA HE MAY HAVE DONE ENOUGH TO ERADICATE THE CANCER

OF DISUNITY FROM THE BODY POLITIC,

OBVIOUSLY THE

EXTREME RIGHT ARE FURIOUS THAT VIETNAM WAR RESISTERS ARE

GETTING OFF WHAT THEY CALL SCOT FREE JUST AS THE EXTREME

LEFT IS NOW FURIOUS THAT RICHARD NIXON IS NOT GOING TO

JAIL.

I AM INCLINED TO BELIEVE THAT MOST AMERICANS AFTER

A FEW MONTHS WILL CONCLUDE THAT IT WAS A SENSIBLE COMPROMISE,

SO ON THIS BRIGHT NEW BEGINNING OF AN ADMINISTRATION

UNHAMPERED BY THE SCARS OF PAST NATIONAL POSITIONS I

PERSONALLY BELIEVE THAT PRESIDENT GERALD FORD IN THE EXERCISE

OF HIS CONSTITUTIONAL AMNESTY POWER TOOK ACTIONS THAT ULTI-

MATELY MAY RESULT IN A FULL UNIFICATION OF ALL ELEMENTS OF

-19-

BY TAKING PARTIAL ACTIONS

I ASK OF YOU WHERE IS THE STRENGTH OF THIS

COUNTRY IF OUR LAWS DO NOT ALLOW AT SOME TIME FOR ALL PERSONS

OF INTEGRITY AND CONSCIENCE TO LIVE SIDE BY SIDE? IT

SEEMS TO ME THAT WE OWE IT TO OUR COUNTRY'S FUTURE WE OWE

IT TO THOSE PEOPLE WHO MAY IN DISTANT DAYS BE LIKEWISE

INVOLVED WE OUT OF OUR OWN CONSCIENCE OWE IT TO OURSELVES

FINALLY TO CLEAN UP THE RUBBLE OF OUR UNFORTUNATE PAST.

A HUMANE ACT OF GOVERNMENTAL CONSCIENCE NOW TO FORGIVE AND

LEGALLY FORGET THOSE WHO DID WHAT THEY THOUGHT BEST IN THOSE

CONFLICTED AND CONVOLUTED PERIODS SHOULD NOT GENERATE VITUPER-

ATIVE DIALOGUE IN A COMPASSIONATE PEOPLE.

I SUGGEST THAT AMERICANS SHOULD SUPPORT PRESIDENT

FORD IN ALL REASONABLE AND FEASIBLE WAYS IN PUTTING BEHIND

-20-

OUR NATION.

US FOREVER OUR MORBID PREOCCUPATION WITH WHO CAUSED OUR

PROBLEMS BE THEY VIETNAM OR BE THEY WATERGATE.

AMERICANS SHOULD SUPPORT HIS EFFORTS TO HEAL OUR WOUNDS BY

THE PARDON TO RICHARD NIXON AND BY THE GRANT OF A WAY TO

EARNED IMMUNITY FOR VIETNAM WAR RESISTERS.

IF LATER HE

HAS TO DO MORE TO ACHIEVE AN INDIVISIBLE SOCIETY WE SHOULD

SUPPORT THOSE ACTIONS TOO.

IT IS A TIME TO HEAL AND TO

MEND IT IS A TIME FOR COMPASSION FOR CHARITY FOR

AMNESTY AND FOR FORGIVENESS,

IT IS A TIME FOR US TO

COME TOGETHER AS ONE PEOPLE WHO LOVE OUR NATION.

IT IS

A TIME TO FORGET THE PAST IT IS A TIME TO BUILD FOR THE

FUTURE,

(END)

-21-

SPEECHES OF CHESTERFIELD SMITH

SPEECH NUMBER 128

VOLUME VIII

REMARKS OF:

BEFORE:

PLACE:

DATE:

TIME:

CHESTERFIELD SMITH, ATTORNEY
LAKELAND, FLORIDA

SEMIANNUAL MEETING
HARTFORD COUNTY MEDICAL ASSOCIATION

HOWARD JOHNSON RED COACH MOTOR LODGE
WINDSOR LOCKS, CONNECTICUT

WEDNESDAY, OCTOBER 2, 1974

TWENTY-FIVE MINUTES

AS IN EACH OF THE OTHER LEARNED PROFESSIONS THOSE

WHO TODAY FOLLOW A CAREER IN THE LAW ARE FACED WITH FAR REACHING

AND INNOVATIVE CHANGES TO AN EXTENT UNPARALLELED IN PROFESSIONAL

HISTORY.

THROUGHOUT THE COUNTRY LAWYERS AS NEVER BEFORE -

ARE SUBSTANTIALLY CONCERNED WITH WAYS TO IMPROVE LEGAL SERVICES,

THE PROPOSALS SUGGESTED MOST OFTEN INVOLVE SUBSTANTIAL MODIFICATION

AND RESTRUCTURING OF THE PROCEDURES POLICIES AND RELATIONSHIPS

UNDER WHICH LEGAL SERVICES TRADITIONALLY HAVE BEEN DELIVERED.

PART OF THE IMPETUS FOR THE PROPOSED IMPROVEMENTS UNQUESTIONABLY

COMES FROM WITHIN THE BAR BUT ADMITTEDLY THE PRIMARY PRESSURES

ARE COMING FROM THE EVER RISING EXPECTATIONS OF THE CONSUMERS

OF LEGAL SERVICES.

WHILE THERE ARE OF COURSE DIFFERING

CHARACTERISTICS FOR LAW AND MEDICINE FROM MY OWN VANTAGE POINT

IT HAS SEEMED TO ME THAT MANY OF THOSE SAME PRESSURES ARE BEING

EXERTED ON THE MEDICAL PROFESSION.

I FOR ONE AM CONVINCED THAT THE LEGAL PROFESSION MUST

ITSELF MEET THE CHALLENGE POSED BY THOSE BUILDING PUBLIC PRESSURES

HEAD-ON BY IMAGINATIVELY AND QUICKLY MITIGATING ITS PUBLICLY

-2-

THIS EVENING IN THE HOPE THAT THERE

MAY BE SOME USEFUL ANALOGY TO THE MEDICAL PROFESSION I SHALL

DISCUSS SOME OF THE DEVELOPMENTS IN THE PRACTICE OF LAW WHICH I

FORESEE IN THE IMMEDIATE FUTURE.

ONE OF THE MORE URGENT PROBLEMS FACING THE LEGAL

PROFESSION IS TO DEVISE METHODS TO MAKE QUALITY YET ECONOMICAL

LEGAL SERVICES AVAILABLE TO THE MILLIONS OF AMERICANS PERHAPS

AS MUCH AS SEVENTY-FIVE OR EIGHTY PER CENT OF THE TOTAL WHO

TODAY NEVER USE ATTORNEYS ALTHOUGH THEY THEMSELVES QUITE OFTEN

PERCEIVE A NEED FOR A LAWYER'S SERVICES,

CERTAINLY THIS

NON-USE IS NOT BECAUSE OF A SCARCITY OF LAWYERS LAWYERS ARE

PRESENT ALMOST EVERYWHERE IN EVER BURGEONING.NUMBER.

IN FACT -

-3-

PERCEIVED DEFICIENCIES,

EVEN AS OUR SOCIETY HAS BECOME MORE AND MORE LEGALLY COMPLEX -

THE SUPPLY OF LAWYERS HAS MORE THAN KEPT UP WITH THE DEMAND.

MANY LAWYERS NOW PRACTICING HAVE FRANKLY BEEN GREATLY

CONCERNED ABOUT THE DRAMATIC INCREASE IN THE NUMBER OF YOUNG

PEOPLE INTENT UPON BECOMING LAWYERS.

PRESENTLY EVERY SEAT

IN THE MORE THAN 160 APPROVED LAW SCHOOLS IN THE COUNTRY ARE

FILLED AND THE ASSOCIATION IS APPROVING AND ASSISTING IN THE

ACCREDITATION OF NEW LAW SCHOOLS EVERY YEAR,

CURRENTLY OVER

36,000 NEW LAWYERS ARE ADMITTED TO THE BAR YEARLY EVEN THOUGH

THE U. S. BUREAU OF THE CENSUS SAYS THAT ONLY SEVENTEEN TO

EIGHTEEN THOUSAND ARE NEEDED.

MINORITY STUDENTS AND WOMEN

STUDENTS ARE COMPRISING LARGER AND LARGER PERCENTAGES OF LAW

-4-

SCHOOL CLASSES,

PERHAPS EVEN SO IT IS FAIR TO ASSERT THAT STILL

UNDER PRESENT CONDITIONS ONLY THE WEALTHY AND THE VERY POOR

GENERALLY HAVE ACCESS TO LAWYERS.

THE VAST MAJORITY OF AMERICANS THOSE IN THE SO-CALLED

MIDDLE INCOME GROUP DO NOT HAVE READY ACCESS TO ATTORNEYS -

EVEN THOUGH THEIR NEED FOR LEGAL SERVICES HAS IN MANY AREAS

BECOME MORE A NECESSITY THAN A LUXURY.

I FEEL THAT THE PRIMARY

REASON BUT CERTAINLY NOT THE ONLY REASON FOR THAT NON-USE

OF LAWYERS IS BECAUSE MOST PERSONS SIMPLY FEEL THAT THE COSTS OF

LEGAL SERVICES ARE JUST TOO HIGH TO WARRANT TAKING LEGAL STEPS TO

SOLVE THEIR PROBLEMS,

THEY JUST DO NOT WANT TO PAY THE GOING

-5-

RATE TO SECURE A LEGAL REMEDY,

IN AN ATTEMPT TO BRING USEFUL LEGAL SERVICES TO ALL

PERSONS WHO WANT THEM AT PRICES THEY CAN AFFORD THE ORGANIZED

BAR HAS BEEN TRYING OUT VARIOUS MEASURES WHICH NOT SURPRISINGLY

HAVE SEEMED SOMEWHAT DRASTIC TO MANY OF OUR MORE TRADITIONALLY

MINDED BRETHREN,

PERHAPS THE MOST SIGNIFICANT EFFORT IN THIS

REGARD IS IN THE AREA OF PRE-PAID LEGAL INSURANCE PLANS AND

GROUP LEGAL SERVICE PLANS,

WHILE MANY OF YOU MAY PERHAPS RECALL

THE LONG-AGO FUROR IN THE MEDICAL PROFESSION WHEN SIMILAR PROPOSALS

FOR HEALTH CARE WERE FIRST BROACHED YOUR FAVORABLE EXPERIENCE

OVER THE YEARS PROBABLY LEAVES YOU PERPLEXED AS TO THE EXISTING

ATTITUDE AMONG LAWYERS.

-6-

FOR SEVERAL YEARS THE AMERICAN BAR ASSOCIATION

ITSELF HAS ENCOURAGED PRE-PAID LEGAL SERVICE PLANS AS DEVICES

CALCULATED TO MAKE LEGAL SERVICES MORE AVAILABLE TO THOSE WHO -

WHILE ABLE TO PAY FOR AT LEAST A PORTION OF THE SERVICES THEY

REQUIRE NONETHELESS TYPICALLY DO NOT USE THE SERVICES OF

LAWYERS,

NEVERTHELESS MANY LAWYERS CONTINUE TO OPPOSE THE

UTILIZATION OF THOSE PLANS,

THE PROTOTYPE PRE-PAID PLAN -

JUST AS IN MEDICAL SERVICES INVOLVES A SCHEDULE OF CATACLYSMIC

BENEFITS MADE AVAILABLE TO MEMBERS OF A GROUP WHO MAKE PERIODIC

CONTRIBUTIONS ACTUARIALLY DETERMINED TO A FUND WHICH FINANCES

THE LEGAL SERVICES.

EVEN WITH SUBSTANTIAL RESISTANCE FROM SOME LAWYERS -

-7-

THE PRE-PAID CONCEPT HAS GAINED WIDESPREAD ACCEPTANCE BOTH

WITHIN THE LEGAL PROFESSION AND WITH THE PUBLIC,

SUCH PLANS

ARE NOT HOWEVER YET GENERALLY AND WIDELY ACCEPTED BY EITHER.

A SPIRITED CONTROVERSY IS NOW RAGING WITHIN THE ORGANIZED BAR

OVER WHETHER THE PLANS SHOULD BE SERVICED BY OPEN OR CLOSED

PANELS OF LAWYERS,

THE OPEN PANEL INVOLVES THE CONCEPT

WHEREBY THE BENEFICIARIES OF THE PLAN- FOR INSTANCE THE

MEMBERS OF A LABOR UNION TAKE THEIR INDIVIDUAL LEGAL PROBLEMS

TO THE LAWYER OF THEIR CHOICE AND THE LAWYER IS PAID FOR SERVICES

OUT OF THE COMMON FUND,

THIS PROCEDURE OF COURSE IS ANALOGOUS

TO THE WIDELY USED BLUE CROSS BLUE SHIELD CONCEPT AND NOT

SURPRISINGLY IT IS SUPPORTED WIDELY BY GENERAL PRACTITIONERS

THROUGHOUT THE LEGAL PROFESSION.

THE BENEFICIARY GROUP RETAINS ONE OR MORE LAWYERS OFTEN EXCLUSIVELY -

TO REPRESENT THE INDIVIDUAL MEMBERS OF THE GROUP.

THE PLAN'S

BENEFICIARIES HAVE A VERY RESTRICTED CHOICE OF ATTORNEYS -

USUALLY EITHER THE STAFF OF FULL-TIME SALARIED EMPLOYEES OF THE

GROUP OR MEMBERS OF A SINGLE LAW FIRM.

THAT PROCEDURE IS

COMPARABLE TO HEALTH MAINTENANCE ORGANIZATION PLANS OR THE KAISER

PERMANENT PLAN AND NOT SURPRISINGLY THAT CONCEPT IS ENTHUSIAS-

TICALLY ADVANCED BY LAWYERS WHO NOW HAVE A GROUP AFFILIATION SUCH

AS A TRADE ASSOCIATION A CONSUMER'S CLUSTER OR A LABOR UNION.

THE AMERICAN BAR ASSOCIATION OFFICIALLY ENCOURAGES AND ACCEPTS BOTH

OPEN AND CLOSED PANELS AS APPROPRIATE DEVICES FOR THE DELIVERY OF

LEGAL SERVICES BUT ALL OF ITS MEMBERS DO NOT,

SOME LIKE ONE -

SOME LIKE ANOTHER SOME DO NOT LIKE EITHER BUT ALMOST NONE LIKE BOTH.

-9-

IN THE CLOSED PANEL -

THE LAWYER PROPONENTS OF OPEN PANEL PLANS ARGUE THAT

THE PUBLIC IS BEST SERVED BY EMPHASIZING THE TRADITIONAL INDEPENDENCE

OF THE PRIVATE BAR AND BY RESERVING TO THE LITIGANT FREEDOM OF

CHOICE OF ATTORNEYS.

THOSE ARGUING FOR CLOSED PANELS ASSERT

THAT CLOSED PANELS OFFER THE GREATEST POTENTIAL FOR DELIVERING

HIGH QUALITY SERVICES WITH MAXIMUM EFFICIENCY AND ECONOMY AND THAT

A CLOSED PANEL CAN BEST BE STRUCTURED TO PROVIDE FOR THE EFFEC-

TIVE USE OF MODERN TECHNIQUES.

SPOKESMEN FOR LABOR AND

CONSUMERS ARGUE VIGOROUSLY THAT A TERRIBLE MISTAKE WAS MADE IN

THE GENERAL ACCEPTANCE OF OPEN PANELS FOR MEDICAL SERVICES AND

THAT THEY WILL FIGHT TO THE BITTER END TO PREVENT THE SAME

DEVELOPMENT IN THE AREA OF LEGAL SERVICES,

-IO-

THE PROPONENTS OF CLOSED PANELS SEEM TO BE WINNING

THE WAR AT LEAST INSOFAR AS CONSUMERS ARE CONCERNED SINCE

OF THE MORE THAN 6,000 PRE-PAID OR GROUP PLANS NOW IN EXISTENCE -

THE LARGE MAJORITY IN FACT THE OVER-WHELMING MAJORITY UTILIZE

CLOSED PANELS.

AT THE PRESENT TIME LAWYERS THROUGHOUT THE NATION ARE

ENGAGED IN HEATED DIALOGUE OVER THE PROPOSED ADOPTION OF ETHICAL

PROVISIONS DESIGNED TO MITIGATE CERTAIN UNFAVORABLE ASPECTS OF

CLOSED PANELS.

THE PROPONENTS OF THOSE ETHICAL PROVISIONS STATE THAT

THEY ARE ESSENTIAL TO PRESERVE IN A CLOSED PANEL THE FIDUCIARY

RELATIONSHIP BETWEEN LAWYER AND CLIENT AND THE INDEPENDENCE OF

-II-

THE LAWYER FROM OUTSIDE OR COUNTERVAILING THIRD-PARTY INFLUENCES.

THE OPPONENTS SAY THAT SUCH PROVISIONS ARE ADVANCED SIMPLY TO

CHILL THE USE OF THE MORE EFFICIENT CLOSED PANELS IN FAVOR OF OPEN

PANELS TO THE ECONOMIC BENEFIT OF LAWYERS AND PARTICULARLY THOSE

LESS SUCCESSFUL GENERAL PRACTITIONERS WHO MIGHT NOT BE RETAINED

BY A WELL INFORMED CLOSED PANEL,

WHILE THE DEBATE WILL BE

TRAUMATIC I PREDICT THAT THE DISPUTE AND DIFFERENCES MANY OF

WHICH ARE MORE THEORETICAL THAN REAL WILL BE SOON RESOLVED -

AND THAT THERE WILL BE A TREMENDOUS EXPANSION IN THE USE OF

PRE-PAID LEGAL INSURANCE PLANS USING BOTH OPEN AND CLOSED

PANELS OVER THE NEXT FEW YEARS.

THE LEGAL PROFESSION OBVIOUSLY IS MAKING OTHER GREAT

-12-

EFFORTS TO MINIMIZE THE COSTS OF LEGAL SERVICES AND THUS TO MAKE

THOSE SERVICES MORE READILY AVAILABLE TO ALL CITIZENS.

WITHIN THE LEGAL PROFESSION WE HAVE HISTORICALLY

PERPETUATED THE THEORY THAT BAR ADMISSION A LICENSE TO PRACTICE

LAW SHOULD BE GOOD FOR LIFE AND THAT ANY LAWYER ONCE ADMITTED

IS COMPETENT FOR EVERMORE TO PERFORM ALL LEGAL TAKS,

CERTAINLY

I AM PERSONALLY CONVINCED THAT ALLOWING LAWYERS TO RETAIN LIFELONG

LICENSES TO PRACTICE BASED SOLELY UPON PASSAGE USUALLY AT EARLY

AGES OF BAR EXAMINATIONS OR IN SOME FEW AREAS SIMPLY BY

GRADUATION FROM A LAW SCHOOL ARE NO LONGER ADEQUATE GUARANTEES

OF LIFETIME COMPETENCE IF THEY EVER WERE,

ALTHOUGH FOR MANY YEARS ALMOST EVERY LAWYER HAS

-13-

SPECIALIZED IN SOME DEGREE REGULATED LEGAL SPECIALIZATION

IS NOW FOR THE FIRST TIME RECEIVING SUBSTANTIAL ATTENTION IN MANY

STATES.

I FORESEE IN THE NEAR FUTURE ACROSS-THE-BOARD

ACCEPTANCE OF REGULATED LEGAL SPECIALIZATION MUCH AS HAS LONG

BEEN THE PRACTICE IN THE MEDICAL FIELD UNDER A SYSTEM WHICH

WILL EMPHASIZE THE BENEFITS OF REPETITIVE EXPERIENCE AND WHICH

WILL PERMIT LAWYERS TO HOLD OUT THEIR SPECIAL INDIVIDUAL QUALI-

FICATIONS TO THE PUBLIC.

IN RECENT YEARS THE LEGAL PROFESSION HAS JUMPED

HEAVILY INTO THE AREA OF THE REGULATION OF PARAPROFESSIONAL

PERSONNEL.

WHILE NOT NEW THE USE OF PARAPROFESSIONAL HELP

BY LAWYERS IS GROWING AS NEVER BEFORE,

IN FACT MANY SMALL

	Table of Contents
	Boise, Idaho Bar Association
	The debris of the Vietnam War and...
	The debris of the Vietnam War and...
	The debris of the Vietnam War and...
	Hartford County Medical Associ...
	The debris of the Vietnam War and...
	Random wandering through the pig-trails...
	The debris of the Vietnam War and...
	City of Miami committee on ecology...
	The Bar Association of the District...
	The debris of the Vietnam War and...
	Ninth annual institute on estate...
	Investiture of Arthur England,...
	Random wanderings down the pig-trails...

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