By Terence P. Jeffrey
November 11, 2005
The Supreme Court has agreed to decide if our laws and Constitution require President Bush to try al Qaeda terrorists in a more permissive venue than the military tribunals George Washington used for British spies. The answer is no.
In 1780, a Continental patrol intercepted British Maj. John Andre, dressed in civilian clothes, sneaking toward British lines after visiting Gen. Benedict Arnold at West Point. Andre carried secret papers from the traitorous Arnold in his boot.
Gen. Washington handed the dashing and courageous Andre over to a military tribunal for trial, which determined he "ought to be considered a spy from the enemy, and that, agreeably to the law and usage of nations... he ought to suffer death."
Andre appealed to Washington, asking only to be executed like a gentleman by firing squad, not hanged as spies normally were. "Sympathy toward a soldier will surely induce your Excellency and a military tribunal to adapt the mode of my death to the feelings of a man of honor," said Andre.
Washington was unmoved. When he failed to persuade the British to trade Andre for the ignominious Arnold (who had fled), he approved Andre's hanging.
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