The Torture Debate Is Missing This: The Fact that We Did this Before
Just
over one hundred years ago, in 1902, Americans participated in a brief, intense
and mostly forgotten debate on the practice of torture in a context of imperial
warfare and counter-insurgency. The setting was the U. S. invasion of the
Philippines, a war of conquest waged against the forces of the Philippine
Republic begun in 1899. Within a year, it had developed into a guerrilla
conflict, one that aroused considerable anti-war opposition in the United
States.
The controversy was sparked when letters from
ordinary American soldiers in the Islands surfaced in hometown newspapers in
the United States containing sometimes graphic accounts of torture, and
activists within the anti-imperialist movement pressed for public exposure,
investigation and accountability. At the center of the storm was what American
soldiers called the “water cure,” a form of torture which involved the drowning
of prisoners, often but not always for purposes of interrogation.
In early 1902, the Senate Committee on the
Philippines embarked on an investigation into “Affairs in the Philippine
Islands.” While pro-war Senators on the committee tried to sideline questions
of U. S. troop conduct, anti-war Senators, working closely with
anti-imperialist investigators, provided a platform for U. S. soldiers to
testify regarding the practice of torture, including the “water cure.” Their
accounts triggered a response by Secretary of War Elihu Root that included the
minimization of atrocity and the inauguration of court-martial proceedings for
some soldiers and officers accused of torturing Filipinos.
Together, the Senate hearings and courts-martial
precipitated, by mid-1902, a wide-ranging public debate on the morality of the
U. S. military campaign’s ends and means. But the debate was over almost as
soon as it had begun since, in July 1902, President Theodore Roosevelt declared
the war concluded in victory (in the face of ongoing Filipino resistance) and
pro-war Republicans on the Senate Committee shut down the investigation.
When, during Michael Mukasey’s confirmation
hearings in the fall of 2007, the status of “water-boarding” was widely
discussed, I felt an eerie sense of familiarity. It prompted me to write an article for the New Yorker. The article did not attempt to argue that recent events are
identical to those of the early 20th century, or that the history described
here led to the present crisis. Rather, my effort was to haunt the present with
this particular, largely unknown past.
Here it is important to indicate what separates
present from past. At the turn of the 20th century, the “water-cure” was
tolerated and under-punished but was not, as far as historians are aware,
formally authorized at the highest levels in Washington. Late-Victorian
Americans also appear to have been less squeamish about the use of the word
“torture,” or were perhaps simply less seasoned practitioners of administrative
word-play, than are contemporary Americans. And at the earlier moment, the
advocates of torture did not invoke images of existential terror, such as the
diversionary “ticking time-bomb” that proponents casually lob into the present
exchange.
At the same time, past and present seem to come
together in official declarations that U. S. military actions are dictated by
the mandates of an “exceptional” kind of war against a uniquely treacherous and
broadly-defined “enemy.” And at both moments, the alchemy of exposure and
impunity produced a troubling normalization of the atrocious. Where Americans
actively defend torture, or sanction it through their silence, it is their
willingness to assimilate the pain of others into their senses of safety,
prosperity and power that stretches the darkest thread between past and
present.