http://www.nytimes.com/2011/06/13/opinion/13kohn.htmlThe Whistle-Blowers of 1777By STEPHEN M. KOHN
Published: June 12, 2011
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In the winter of 1777, months after the signing of the Declaration of Independence, the American warship Warren was anchored outside of Providence, R.I. On board, 10 revolutionary sailors and marines met in secret — not to plot against the king’s armies, but to discuss their concerns about the commander of the Continental Navy, Commodore Esek Hopkins. They knew the risks: Hopkins came from a powerful family; his brother was a former governor of Rhode Island and a signer of the declaration.
Hopkins had participated in the torture of captured British sailors; he “treated prisoners in the most inhuman and barbarous manner,” his subordinates wrote in a petition.
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The case did not end there. Hopkins, infuriated, immediately retaliated. He filed a criminal libel suit in Rhode Island against the whistle-blowers. Two of them who happened to be in Rhode Island — Samuel Shaw, a midshipman, and Richard Marven, a third lieutenant — were jailed. In a petition read to Congress on July 23, 1778, they pleaded that they had been “arrested for doing what they then believed and still believe was nothing but their duty.”
Later that month,
without any recorded dissent, Congress enacted America’s first whistle-blower-protection law: “That it is the
duty of all persons in the service of the United States, as well as all other inhabitants thereof, to give the earliest information to Congress or any other proper authority of any misconduct, frauds or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge.”
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Congress did not hide behind government secrecy edicts, even though the nation was at war. Instead, it authorized the full release of all records related to the removal of Hopkins. No “state secret” privilege was invoked. The whistle-blowers did not need to use a Freedom of Information Act to obtain documents to vindicate themselves. There was no attempt to hide the fact that whistle-blowers had accused a Navy commander of mistreating prisoners.
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Stephen M. Kohn is the executive director of the National Whistleblowers Center and the author of “The Whistleblower’s Handbook: A Step-by-Step Guide to Doing What’s Right and Protecting Yourself.”