Anarchy and Anarchists Communism, Socialism, and Nihilism in Doctrine and in Deed by Michael Schaack
Author:Michael Schaack [Schaack, Michael]
Language: eng
Format: epub
Published: 2016-09-04T22:00:00+00:00
NEEBE’S SWORD
AND BELT.
You will perceive in a moment that the construction of the United States constitutional right has been interpreted, if I may so express myself, in the Constitution of the State of Illinois, and that interpretation is the one that the courts have always recognized, and that, while a man may speak freely and write and publish upon all subjects, he is responsible for the abuse of the liberty of speech. I refer to these constitutional rights because some men are so inconsistent as to say there shall be no law for any such rights, yet claim the protection of these rights in the broadest sense, and, with an interpretation satisfactory to their own minds, that a man may get up, and, in a public speech to a public crowd, advise murder and arson, the destruction of property and the injury of people. That is a wild license which the Constitution of this country has never recognized any more than it has been recognized in the worst despotisms of old and of monarchical Europe. I hope and you hope it will never be recognized.”
The eminent jurist then illustrated the point of responsibility. If, said he, he should get up and there advise members of the jury that the foreman ought to be hanged for some assumed offense, he would be advising the commission of a crime; and if his advice was followed he himself who incited the hanging would be just as guilty of murder as the ones who did it. He next referred to the Haymarket riot and counseled the jury to look not only to the man who actually committed the crime, but to those who stood behind him, who actually advised it. He held that the men who so advised were equally guilty and should be held responsible for it. “What,” he said “is an incendiary speech but inciting men to commit wild acts?” He spoke of the red flag in Chicago and said: “What is a red flag in a procession, or a black flag, but a menace, a threat? It is understood to be emblematic of blood, and that no quarter will be given. Flags of that sort ought not to be permitted to be borne in processions in this city.” He referred to the labor troubles of the Knights of Labor, which, he acknowledged, happily had no connection with the Haymarket or with Anarchy, and then, for the guidance of the jury in reaching conclusions on the Anarchistic conspiracy, he quoted the statutes on what constituted conspiracy and the penalty for riots. In closing Judge Rogers counseled the jury to consider all evidence submitted with fairness and impartiality.
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