Chapter II: Part 2

"Standing here this morning, I recall my boyhood. At fourteen, I went to work in the railroad shops; at sixteen, I was firing a freight engine on a railroad. I remember all the hardships, all the privations, of that earlier day, and from that time until now, my heart has been with the working class. I could have been in Congress long ago. I have preferred to go to prison. The choice has been deliberately made. I could not have done otherwise. I have no regret.

"In the struggle--the unceasing struggle--between the toilers and producers and their exploiters, I have tried, as best I might, to serve those among whom I was born, with whom I expect to share my lot until the end of my days.

"I am thinking this morning of the men in the mills and factories; I am thinking of the women who, for a paltry wage, are compelled to work out their lives; of the little children who, in this system, are robbed of their childhood, and in their early, tender years, are seized in the remorseless grasp of mammon, and forced into the industrial dungeons, there to feed the machines while they themselves are being starved body and soul. I can see them dwarfed, diseased, stunted, their little lives broken, and their hopes blasted, because in this high noon of our twentieth century civilization, money is still so much more important than human life. Gold is god and rules in the affairs of men. The little girls, and there are a million of them in this country--this, the most favored land beneath the bending skies, a land in which we have vast areas of rich and fertile soil, material resources in inexhaustible abundance, the most marvelous productive machinery on earth, millions of eager workers ready to apply their labor to that machinery to produce an abundance for every man, woman and child--and if there are still many millions of our people who are the victims of poverty, whose life is a ceaseless struggle all the way from youth to age, until at last death comes to their rescue and stills the aching heart, and lulls the victim to dreamless sleep, it is not the fault of the Almighty, it can't be charged to nature; it is due entirely to an outgrown social system that ought to be abolished, not only in the interest of the working class, but in a higher interest of all humanity.

"I think of these little children--the girls that are in the textile mills of all description in the East, in the cotton factories of the South--I think of them at work in a vitiated atmosphere. I think of them at work when they ought to be at play or at school; I think that when they do grow up, if they live long enough to approach the marriage state, they are unfit for it. Their nerves are worn out, their tissue is exhausted, their vitality is spent. They have been fed to industry. Their lives have been coined into gold. Their offspring are born tired. That is why there are so many failures in our modern life.

"Your Honor, the five per cent. of the people that I have made reference to, constitute that element that absolutely rules our country. They privately own all our public necessities. They wear no crowns; they wield no sceptres, they sit upon no thrones; and yet they are our economic masters and our political rulers. They control this Government and all of its institutions. They control the courts.

"The five per cent. of our people who own and control all of the sources of wealth, all of the nation's industries, all of the means of our common life--it is they who declare war; it is they who make peace; it is they who control our industry. And so long as this is true, we can make no just claim to being a democratic government--a self-governing people.

"I believe, your Honor, in common with all Socialists, that this nation ought to own and control its industries. I believe, as all Socialists do, that all things that are jointly needed and used ought to be jointly owned--that industry, the basis of life, instead of being the private property of the few and operated for their enrichment, ought to be the common property of all, democratically administered in the interest of all.

"John D. Rockefeller has today an income of sixty million dollars a year, five million dollars a month, two hundred thousand dollars a day. He does not produce a penny of it. I make no attack upon Mr. Rockefeller personally. I do not in the least dislike him. If he were in need, and it were in my power to serve him, I should serve him as gladly as I would any other human being, I have no quarrel with Mr. Rockefeller personally, nor with any other capitalist. I am simply opposing a social order in which it is possible for one man who does absolutely nothing that is useful, to amass a fortune of hundreds of millions of dollars, while millions of men and women who work all of the days of their lives secure barely enough for existence.

"This order of things cannot always endure. I have registered my protest against it. I recognize the feebleness of my effort, but fortunately I am not alone. There are multiplied thousands of others who, like myself, have come to realize that before we may truly enjoy the blessings of civilized life, we must reorganize society upon a mutual and co-operative basis; and to this end we have organized a great economic and political movement that is spread over the face of all the earth.

"There are today upwards of sixty million Socialists, loyal, devoted, adherents to this cause, regardless of nationality, race, creed, color or sex. They are all making common cause. They are all spreading the propaganda of the new social order. They are waiting, watching and working through all the weary hours of the day and night. They are still in the minority. They have learned how to be patient and abide their time. They feel--they know indeed--that the time is coming in spite of all opposition, all persecution, when this emancipating gospel will spread among all the peoples, and when this minority will become the triumphant majority and, sweeping into power, inaugurate the greatest change in history.

"In that day we will have the universal commonwealth--not the destruction of the nation, but, on the contrary, the harmonious co-operation of every nation on earth. In that day war will curse this earth no more.

"Your Honor, I ask no mercy. I plead for no immunity. I realize that finally the right must prevail. I never more clearly comprehended than now the great struggle between the powers of greed on the one hand and upon the other the rising hosts of freedom.

"I can see the dawn of a better day of humanity. The people are awakening. In due course of time they will come to their own.

"When the mariner, sailing over tropic seas, looks for relief from his weary watch, he turns his eyes toward the southern cross, burning luridly above the tempest-vexed ocean. As the midnight approaches, the southern cross begins to bend, and the whirling worlds change their places, and with starry fingerpoints the Almighty marks the passage of time upon the dial of the universe, and though no bell may beat the glad tidings, the look-out knows that the midnight is passing--that relief and rest are close at hand.

"Let the people take heart and hope everywhere, for the cross is bending, the midnight is passing, and joy cometh with the morning....

"Your Honor, I thank you, and I thank all of this court for their courtesy, for their kindness, which I shall remember always.

"I am prepared to receive your sentence."

Whereupon the judge sentenced Eugene Debs to ten years in the West Virginia Penitentiary--the penitentiary at Atlanta being too crowded to receive him.

6. THE APPEAL

An appeal was taken to the Supreme Court of the United States and was argued on the ground that the Espionage Act was unconstitutional. No act was charged against Debs, except the Canton speech. In that speech he had simply stated what he had said a thousand times before, but the Court held that under the Espionage Act a man who made a speech, the probable result of which was to create mutiny or to hinder recruiting and enlistment--was guilty, providing that he did it knowingly and wilfully. The jury had to decide, first, that he had done something the probable result of which was to create mutiny or to hinder recruiting and enlistment, and then if he had done it, that it was done with intent, knowingly and wilfully. The jury had found Debs guilty under these circumstances.

Debs was an American, and as an American he relied upon a certain guarantee contained in the First Amendment to the Constitution: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peacefully to assemble and to petition the Government for a redress of grievances." Debs, as an American citizen, relied upon that guarantee, and his lawyers, in making the appeal, relied upon that guarantee.

Over and against that guarantee was the Espionage Act passed originally in 1917--June 15th--and amended June 16, 1918.

The language of the original act was as follows:

(Title I, Sec. 3.) "Whoever, when the United States is at war, shall (1) wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies, and whoever, when the United States is at war, (2) shall wilfully cause or attempt to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall (3) wilfully obstruct the recruiting or enlistment service of the United States, to the injury of the service or of the United States, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both."

The Amended Act was far more drastic:

"Whoever, when the United States is at war, shall wilfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies, or shall wilfully make or convey false reports or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States, and whoever, when the United States is at war, shall wilfully cause, or attempt to cause, or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or shall wilfully obstruct or attempt to obstruct the recruiting or enlistment service of the United States, and whoever, when the United States is at war, shall wilfully utter, print, write or publish any disloyal, profane, scurrilous or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute, or shall wilfully utter, print, write or publish any language intended to incite, provoke or encourage resistance to the United States or to promote the cause of its enemies, or shall wilfully display the flag of any foreign enemy, or shall wilfully, by utterance, writing, printing, publication or language spoken, urge, incite or advocate any curtailment of production in this country of any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of the war, and whoever shall wilfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated, and whoever shall, by word or act, support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both." ...

There you have both pieces of legislation. On the one hand, the Constitution provides immunity, and on the other hand, the Espionage Act provides a penalty for the expression of opinion.

The Supreme Court on the 10th of March handed down its decision. The decision was read by Justice Holmes and concurred in by the entire court.

7. THE SUPREME COURT DECISION

The substance of the decision is contained in the following sentences:

"The main theme of the speech was Socialism, its growth and a prophecy of its ultimate success. With that we have nothing to do, but if a part or the manifest intent of the more general utterances was to encourage those present to obstruct recruiting service, and if in passages such encouragement was directly given, the immunity of the general theme may not be enough to protect the speech."

Justice Holmes concludes, after a review of the case, that the immunity, under the First Amendment, did not protect the speech. In that argument, he referred to a decision which had been handed down on the 3rd of March known as the Schenck Case--another Espionage Act case--in which this point concerning the immunity under the First Amendment was stated at length by Justice Holmes in this language:

"We admit that in many places and in ordinary times, the defendants would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done.... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."

That is the Debs decision. That is the method in which the Supreme Court handled the popular liberties guaranteed under the First Amendment. The Court might have thrown the Espionage Act out under the First Amendment as it threw out the Child Labor Law. The Court might have ruled this act unconstitutional. The Court did not decide that Congress had no right to pass the Espionage Act. The Court did decide that since Congress had passed the Espionage Act, Debs had no right to make his speech. What are the implications of this position of the Supreme Court? "Congress shall make no law abridging the freedom of speech," says the Constitution. Congress passed a law abridging the freedom of speech, and the Supreme Court holds that the Courts, in interpreting the Constitution, must bear in mind the law that Congress has passed. We had thought that the Constitutional guarantee was superior to any law that Congress might pass, but the Court specifically holds in the Schenck Case that if "the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent," then the First Amendment affords no protection.

Congress is made the arbiter. Congress now decides what may be said and what may not be said.

This means that the Constitution does not guarantee personal liberty. Speech is free, if you keep within the laws passed by Congress, not otherwise. "Congress shall make no law abridging the freedom of speech," declares the Constitution. Speech is free, says the Court, if you obey the laws passed by Congress. What is the result? If the United States enters the League of Nations as a constituent part of it, and if the League of Nations carries on a series of minor wars, this country will be at war perhaps for fifty years, and during that time free speech will be banned under this decision of the Supreme Court; during that time the Espionage Act will operate; there will be no free speech in the United States.

Congress--under this decision--might pass a law making it a crime to advocate the establishment of industrial democracy in the United States, and from the time that law was passed, any man who advocated industrial democracy in the United States would have no immunity under the First Amendment.

Congress might pass a law making it a crime to demand that the Courts of the United States be abolished, and from that time no person could advocate the abolition of the United States Courts without violating the law.

Congress might make it a criminal offense to criticize the President and from that day forward no person could criticize the President without violating the law.

This decision makes Congress, not the Constitution, the arbiter of the limits of freedom of expression; therefore, we must conclude that neither the Courts of the United States, nor the Constitution of the United States can be relied upon to guarantee the American people the right of free speech. Thus freedom of discussion is ended. Democracy in the United States is dead. The Supreme Court on the 10th of March, in the Debs' case, wrote its epitaph.

A little thought will reveal the seriousness of the situation. A little reflection will show the position in which the American people find themselves, with regard to personal liberties, since the tenth of March, 1919.

8. THE CLASS STRUGGLE AGAIN!

Classes have come and classes have gone down through the pages of history. Whenever the position of a ruling class has been threatened, the ruling class has crucified the truth-tellers.

Compared with the necessity of protecting ruling class privileges and prerogatives, the right of a man to express his mind goes for nothing. That is the lesson of history and that is what we are witnessing today. Men who have stirred up the people; men who have raised their voices in protest; men who thought straight; men who have loved their fellow men too much; men who have had conviction and courage and purpose; men who were willing to stick by their ideals--such men have suffered in every age.

Eugene V. Debs has stirred up the people all his life. Since he was a boy firing a locomotive engine, he has been an agitator. He has always stood for justice, for liberty and brotherhood. He has loved his fellow men; he has been gentle and sincere; he has been devoted to what he regards as the greatest cause in the world. On this war he has stood like granite, unwavering and unflinching, voicing the protest of the masses who had no voice with which to speak. He has uttered what they believed.

The preachers who deserted their flocks; the teachers who betrayed their trust; the editors who took their 30 pieces of silver in these last few years--they are free; they are honored; they are respected. But this man who thought straight; who loved his fellows, who spoke his convictions; who was true to his ideals--this man is permitted to go to jail by the Supreme Court of the United States.

I have seen the Supreme Court and I have seen Eugene V. Debs. From the Supreme Court I got neither love nor inspiration; from Debs I got both.

In his generation in the United States, there is not a greater man than Eugene V. Debs--not because of what he has done, but because of what he is, and when the history of this generation is written, that fact will be recorded.

The masters in all ages have put men like Debs in jail because it is the truth-teller that the masters fear most. They fear the Truth; they fear the Light; they fear Justice; and the man who turns on the Light and speaks the Truth and cries out for Justice--is their greatest enemy. So they have always tried this process of putting ideas into jail.

9. PUTTING IDEAS IN JAIL

Years ago, when the Mexican War was being fought, an American named Henry D. Thoreau refused to pay his war tax. He did not believe in the war and he refused to support the Government that prosecuted the war. So they put Thoreau in jail. Later he wrote about his experience:

"As I stood considering the walls of solid stone, two or three feet thick, and the door of wood and iron, a foot thick, and the iron grating which strained the light, I could not help being struck with the foolishness of that institution which treated me as if I were mere flesh and blood and bones, to be locked up....

"I felt as if I alone of all my townsmen had paid my tax....

"I could not but smile to see how industriously they locked the door on my meditations, which followed them out again without let or hindrance, and they were really all that was dangerous. As they could not reach me, they had resolved to punish my body; just as boys, if they cannot come at some person against whom they have a spite, will abuse his dog.

"I saw that the State was half-witted, that it was timid as a lone woman with her silver spoons, and that it did not know its friends from its foes, and I lost all my remaining respect for it, and pitied it.

"Under a government which imprisons any unjustly, the true place for a just man is also a prison. The proper place today, the only place which Massachusetts has provided for her freer and less desponding spirits, is in her prisons, to be put out and locked out of the State by her own act, as they have already put themselves out by their principles. It is there that the fugitive slave, and the Mexican prisoner on parole, and the Indian come to plead the wrongs of his race, should find them; on that separate but more free and honorable ground, where the State places those who are not with her but against her--the only house in a slave State on which a free man can abide with honor.

"If any think that their influence would be lost there, and their voices no longer afflict the ear of the State, that they would not be as an enemy within its walls, they do not know by how much truth is stronger than error, nor how much more eloquently and effectively he can combat injustice who has experienced a little in his own person.

"There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and independent power, from which all its own power and authority are derived, and treats him accordingly."

10. THE SUPREME COURT COULD NOT SAVE SLAVERY

Once before the Supreme Court of the United States tried to save a decaying social institution--the institution of Slavery. There was a slave named Dred Scott. He was owned by a resident of Missouri. He was taken into Minnesota and into Illinois. Illinois was a free State by its own laws. Minnesota was free by the Missouri Compromise of 1820. Then his master took Dred Scott back to Missouri, and there Dred Scott tried to gain his freedom. The case was finally decided by the Supreme Court of the United States in 1857.

The Supreme Court held (two justices dissenting) that Scott could not sue in the lower courts because he was not a citizen and, therefore, was not entitled to any standing in the courts; that at the time of the formation of the Constitution, negroes descended from negro slaves were not and could not be citizens in any of the States; and that there was no power in the existing form of Government to make citizens of such persons. In the course of his decision, Judge Taney used the following language:

"It is difficult, at this day, to realize the state of public opinion which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution was framed and adopted in relation to that unfortunate race. But the public history of every European nation displays it in a manner too plain to be mistaken. They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that they had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit. He has been bought and sold and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. The opinion was at that time fixed and universal in the civilized portion of the white race."

The Chief Justice went farther than the point at issue warranted, and stated that the power of Congress to govern territory was subordinate to its obligation to protect private rights in property and that slaves were property and as such were protected by the constitutional guarantees; that Congress had no power to prohibit the citizens of any State to carry into any territory slaves or any other property, and that Congress had no power to impair the constitutional protection of such property while thus held in a territory.

The Dred Scott decision fastened Slavery forever upon the United States. Slavery lasted just six years.

11. MORE PATCH WORK!

At the present time, Capitalism is tottering to its downfall. The world is in chaos and revolution. The Supreme Court has handed down a decision which ostensibly will assist in preserving established order, but the United States is a Capitalist nation and, as Mr. Wilson himself has so admirably put it:

"The masters of the Government of the United States are the combined capitalists and manufacturers of the United States." ("New Freedom," page 57.)

Capitalism is disappearing from Europe--Russia, Germany, Austria, Bohemia, Hungary--the list is growing from week to week. When the President came back on his little visit to America there was one new thing that he said, and only one new thing:

"The men who are in conference in Paris realize as keenly as any Americans can realize that they are not the masters of their people." (Boston, February 24th, 1919.)

"When I speak of the nations of the world, I do not speak of the governments of the world. I speak of the peoples who constitute the nations of the world. They are in the saddle, and they are going to see to it that if present governments do not do their will, some other government shall, and the secret is out and the present governments know it." (Boston, February 24th.)

"I want to utter this solemn warning, not in the way of a threat; the forces of the world do not threaten, they operate. The great tides of the world do not give notice that they are going to rise and run; they rise in their majesticity and overwhelming might and they who stand in the way are overwhelmed. Now the heart of the world is awake and the heart of the world must be satisfied. Do not let yourselves suppose for a moment that the uneasiness in the populations of Europe is due entirely to economic causes and economic motives; something very much deeper underlies it all than that. They see that their governments have never been able to defend them against intrigue or aggression, and that there is no force of foresight or of prudence in any modern cabinet to stop war." (New York, March 4th, 1919.)

Then comes Mr. Wm. Allen White on the 11th of March with a similar statement. On the next day comes Mr. Lansing with the statement that unless something is done and done quickly, the capitalist system in Europe will be overthrown. The world is in chaos. The fabric of civilization is threatened. The health and happiness--the very life of the world--is threatened.

And those who speak particularly of those things; those who are seeking to warn, to prepare the people; those who attempt to preach law and order; who oppose war; who believe in peace--those who are attempting to serve the interests of humanity--go to jail for ten years.

The highest authority in the United States has served notice on the American people that from it they can hope for nothing in the way of preservation of their liberties. Their liberties are dead. Well may those Americans who still have in their souls a spark of the old fire, turn back 143 years and read these words from the Declaration of Independence:

"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute a new government, laying its foundations on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

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