Reprinted with permission of The Greenville News 

The government has imposed a series of taxes that working people feel are unfair. Protests break out. In one protest, citizens wave signs and hurl insults outside a state capitol building. Police attempt to keep order. A rock thrown by protesters injures a policeman. Shots are fired. Five protesters are killed. The policemen are charged with murder. 

The protesters believe the government is willing to kill citizens who disagree with its policies. The government claims the protesters are inciting violence. The country appears ready to split apart at the seams. 

Who are the protesters? Modern day tea partiers? Supporters of public unions? The protesters were actually American colonists killed in the Boston Massacre over 200 years ago. 

On March 5, 1770, colonists were outraged over the taxes imposed by England through the Townshend Act. They gathered at the Custom House in Boston. When British soldiers thought the colonists had hurled snowballs or oyster shells, they fired into the crowd, killing five. The British soldiers led by Gen. Thomas Preston were charged with murder.

Should the hated British soldiers be given a fair trial? Even if they should, could they? Amazingly, John Adams, prior to becoming our second president, took on their defense. Even though he was a staunch opponent of the British government, Adams, a lawyer, insisted these British soldiers deserved a fair trial. President Adams later wrote that his defense of these British soldiers was “one of the best pieces of service I ever rendered to my country.” 

The American colonies soon decided to declare independence. They needed a document declaring their grievances against the British government. Who did they turn to? Thomas Jefferson, a lawyer. Jefferson then penned the Declaration of Independence, the critical document in our nation’s independence.

After defeating the mighty British army, the leaders of our new country met to decide what type of government they would adopt. Who did they turn to? Lawyers. In fact, 35 of the 55 framers who signed the United States Constitution were lawyers. 

Soon, many Americans felt the federal government was intruding into the affairs of the states. To whom did the states’ rights movement turn? John C. Calhoun, a lawyer from South Carolina. Calhoun led the movement to find the proper balance between the role of the federal and state governments, an issue that remains important to this day. 

Later, conflict over slavery and states’ rights led to the Civil War. In the midst of this struggle, a man proclaimed freedom for slaves. Who was that man? Abraham Lincoln, a lawyer. Lincoln’s Emancipation Proclamation made clear that one of the Union’s goals was the abolition of slavery and a “new birth of freedom for American slaves.”

In the 1930s, the country was suffering through the Great Depression. With the private sector and charities unable to adequately respond to the crisis, the government implemented a series of programs called the “New Deal.” Who was the architect of the New Deal? President Franklin Roosevelt, a lawyer. The New Deal helped bring the country out of the Depression. 

In the 1960s, the nation grappled with segregation. A peaceful end seemed impossible. But lawyers took to the courts rather than to violence. This led to court decisions which helped usher the end of segregation under the rule of law. Some of these lawyers, like Thurgood Marshall, are well-known. Others, like South Carolina’s Matthew Perry, are less known, but no less important.

Recently, the country experienced an extremely controversial presidential election. The election came down to which candidate won the state of Florida. Both parties claimed the election was stolen by the other. So how was this crisis resolved peacefully? Lawyers. The Supreme Court’s Bush v. Gore decision led to a peaceful transfer of power from a Democratic president to a Republican president, something very different than we have seen recently in other countries.  

Lawyers have been at the center of the most important events in our country’s history, yet are routinely criticized in lawyer jokes and political ads. Law Day (May 1) presents an opportunity to examine the facts. In 1958, President Dwight Eisenhower established Law Day to mark our nation’s commitment to the rule of law. President Eisenhower led our military in battle against Nazi Germany and Imperialist Japan. 

Having seen first-hand countries not committed to the rule of law, President Dwight Eisenhower ensured that principle would be part of America’s history by establishing Law Day. On Law Day 2011, we should celebrate our country’s dedication to the rule of law and the role lawyers play in ensuring that the rule of law prevails.

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