Legal support of Vietnam-era draft resisters
Maverick explains his legal work in helping draft resisters during the Vietnam War. Interestingly, despite his work to help young men evade the draft, Maverick explains that he did, in fact, support having a draft army because it generated so much opposition to the war. Additionally, Maverick describes what it was like to face criticism for his open support of the antiwar movement early in the war, before the movement gained momentum, arguing that it was the "second most terrifying" experience in his life after the McCarthy era.
Citing this Excerpt
Oral History Interview with Maury Maverick, October 27, 1975. Interview A-0323. Southern Oral History Program Collection (#4007) in the Southern Oral History Program Collection, Southern Historical Collection, Wilson Library, University of North Carolina at Chapel Hill.
Full Text of the Excerpt
- CHANDLER DAVIDSON:
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Well, you were very much involved in defending draft resisters at that
period, weren't you?
- MAURY MAVERICK:
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I spent five years representing draft resisters and being
excited about it. I have young kids that are all over the
United States now, who are "my kids" that I saved from
going to the penitentiary or being killed. I want to tell you an
interesting thing about the draft. Unlike most of the people in ACLU, of
which I am a member of the national advisory committee and I am also a
contributing attorney for the American Friends Service Committee,
I'm for a draft army over a volunteer army. The reason for it
is that I learned something. The reason is that all of the radicalism
and the dissent against the Vietnam war, virtually all of it, came from
the middle and upper classes that were caught up in the draft. Blacks
and browns were escaping from the ghettos and escaping from a
second-rate war to a first-rate war. They got better guns in the Vietnam
war, they got a pension, they got a medal, they didn't go to
the penitentiary, they were escaping from something that really was
almost worse than what they had back where they lived. Whereas the kids
in the middle class, the swanky parts of Texas and North Carolina or
wherever, they knew what they were going to lose and that's
where the radicalism came from. It's an interesting thing, I
don't want to talk too long, but it is an interesting thing
that over 50% of my enlisted men clients were kids from small Catholic
colleges who had been educated enough in these little rinky-dink
Catholic colleges by the brothers and priests and lay teachers to know
that they were getting rooked, but because they were Irish or Italian or
German and not socially powerful enough to put a fix on the draft board
like we Episcopalians and Presbyterians could do. Well, those were the
ones who raised hell. Now, among the doctors, over half of them are
Jewish, but there is a different set of historical reasons that we could
talk about forever. The reason that San Antonio was so important as a
conscientious objector center was that this was where the l-A-O
conscientious objectors were sent. That means the
guy who can be the medic. They got down here and they began to see that
the mission of the medic was ultimately to kill people just like the
infantryman because they were to "sustain the fighting
force," or words to that effect. That was the motto. Kids would
constantly be lectured in terms of getting a man back on the battlefield
to kill someone. So, they would have a change. They would change from
1-A-0 to 1-0 and that's when they would come to see me. I was
the only lawyer in town representing them until a young lawyer named
Jerry Goldstein came along, who I trained and who became better at it
than I was, and then another one named Leonard Schwartz, two young
Jewish lawyers and myself. Only three lawyers out of over 2,000 that
would walk into a court for those kids voluntarily. The thing that I
always resented and resent today, is that during the time when the
Vietnam war was still popular, I would walk into a federal court with a
poor little kid that didn't want to murder anybody and he
would be shaking in his boots and I would be shaking in mine and we
would be treated more rudely than…I would make maybe five
hundred dollars and we would be treated more rudely than a lawyer who
would walk in with a heroin pusher and making a $15,000 fee and
caught with fifty pounds of heroin in the back of a trunk somewhere. It
was rough.
- CHANDLER DAVIDSON:
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Treated rudely by whom?
- MAURY MAVERICK:
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I mean treated rudely by people like the marshałs, who would
sort of hover near you like someone was going to blow up the court or
the judges would be sharp to you, "Sit down,
Counselor," and talk to you in a rough kind of way as if you
really had some dangerous person with you. I must say, though, that the
federal judiciary, particularly the Fifth Circuit in New Orleans, gave
us the great relief that we needed. I think the
United States Court of Appeals, Fifth Circuit maybe saved the Old South
from actually going into open rebellion. The finest judge among all of
them was a Republican appointee by Eisenhower named Minor Wisdom, out of
New Orleans. He had organized Louisiana for Eisenhower over Taft and he
had a very conservative background and he got on the bench and became
the most humane man on the bench, I think, today.
- CHANDLER DAVIDSON:
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He's still on there, isn't he?
- MAURY MAVERICK:
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He's still on there and he's a great old man.
- CHANDLER DAVIDSON:
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Why were so few of your fellow lawyers willing to take these cases? How
do you explain that?
- MAURY MAVERICK:
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Well, it's related to patriotism, you know. It's a
lack of patriotism to not back your country in time of war and it was
the second most terrifying thing that I went through in my life. The
McCarthy era was worse, but I was older and smarter and my skin was
thicker and didn't give a damn as much. But, there was this
question of whether you loved your country or not and people were
checking on me. I knew that I was under surveillance. I would go out to
the military bases and sometimes the military police would follow me.
Since then, I've talked to people who said that they would
say, "Maury Maverick is now driving into the base,"
and they would have a condition read as if someone from Mars was landing
at Galveston. Sometimes when I would talk to kids in a parking
lot…they wouldn't let them come to my office,I had
to talk to them in a parking lot, well the MPs would circle me and one
time, I got my associate, Herschel Bernard, who is Jewish, to come and
help me and a big MP came up, looked like he was about six feet, seven
inches tall and damn near weighed 300 pounds. He had his fists doubled
up and looked like he was going to beat us up and I said,
"Sergeant, if you are goint to beat
anybody up, beat my law partner up. He's Jewish."
[Laughter] And the sergeant had a
sense of humor and he started laughing and Herky Bernard said,
"You son of a bitch, speak for yourself."
[Laughter]
- CHANDLER DAVIDSON:
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Well, this isn't the first time that you've been
"surveilled", as they say. The FBI or somebody has
been on your tail for many years, haven't they?
- MAURY MAVERICK:
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I guess so.