The Declaration of Independence is often misunderstood, which I wrote about here. One of the most important, yet overlooked, sections of the document is the list of indictments against King George III. The indictments are further evidence that the Declaration was never meant to be a revolutionary statement. From the Magna Carta to the colonial constitutions, George III was indicted for violating existing laws. Jefferson listed a total of 27 indictments against the King. Throughout February, we’re going to look at one indictment a day, why it was levied, and why it is still relevant.
Indictment #15 reads as follows:
For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:
Why was the indictment levied: In 1768, a brawl erupted between British soldiers and citizens of Annapolis, Maryland. Two of the citizens were killed in the encounter. The soldiers were arraigned by the court of admiralty for murder and were acquitted. This was seen as a mock trial by the inhabitants of Maryland. The royal soldiers were protected from punishment from “any murders which they should commit.”
Why is this important today: The state monopolizing violence against its citizens is a serious matter. There are circumstances where an uprising may need to be put down with violence. In those events, the legality and justification issues should always be given rigorous scrutiny. And they should be investigated independently where there are no conflicts of interest.
Capitol Police Lieutenant Michael Byrd shot and killed Ashli Babbit during the events of January 6, 2021. Babbit was unarmed and surrounded by police. Byrd shot her through a small window opening, claiming self-defense. The Capitol Police then performed its own internal investigation and cleared Byrd of all charges. Byrd never faced a jury.
This is identical to the “mock trials” that Jefferson indicted the King for. When the judicial system becomes a branch of the military or law enforcement, that is a direct conflict of interest. There needs to be accountability. The Capitol Police do not have judicial powers just as the British Colonial soldiers did not. It doesn’t matter where you stand on this particular incident. If government only answers to itself, then your own right to fair trail is sacrificed. It works both ways. No arm of state should be protected “by a mock trial from punishment.”