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CHAPTER VIII
Justice
No, my friend, terrible as it is to admit it, there is no justice
in the world.
Worse yet: there can be no justice as long as we live under
conditions which enable one person to take advantage of another's
need, to turn it to his profit, and exploit his fellow man.
There can be no justice as long as one man is ruled by another; as
long as one has the authority and power to compel another against his
will
There can be no justice between master and servant.
Nor equality.
Justice and equality can exist only among equals. Is the poor
street cleaner the social equal of Morgan? Is the washer woman the
equal of Lady Astor?
Let the washer woman and Lady Astor enter any place, private or
public. Will they receive equal welcome and treatment? Their very
apparel will determine their respective reception. Because even their
clothes indicate, under present conditions, the difference in their
social position, their station in life, their influence, and wealth.
The washer woman may have toiled hard all her life long, may have
been a most industrious and useful member of the community. The Lady
may have never done a stroke of work, never been of the least use to
society. For all that it is the rich lady who will be welcomed, who
will be preferred.
I have chosen this homely example because it is typical of the
entire character of our society, of our whole civilization.
It is money and the influence and authority which money commands,
that alone count in the world.
Not justice, but possession.
Broaden this example to cover your own life, and you will find
that justice and equality are only cheap talk, lies which you are
taught, while money and power are the real thing, realities.
Yet there is a deep-seated sense of justice in mankind, and your
better nature always resents it when you see injustice done to any
one. You feel outraged and you become indignant over it: because we
all have an instinctive sympathy with our fellow-man, for by nature
and habit we are social beings. But when your interests or safety are
involved, you act differently; you even feel differently.
Suppose you see your brother do wrong to a stranger. You will call
his attention to it, you will chide him for it.
When you see your boss do an injustice to some fellow worker, you
also resent it and you feel like protesting. But you will most
probably refrain from expressing your sentiments because you might
lose your job or get in bad with your boss.
Your interests suppress the better urge of your nature.
Your dependence upon the boss and his economic power over you
influence your behavior.
Suppose you see John beat and kick Bill when the latter is on the
ground. Both may be strangers to you, but if you are not afraid of
John, you'll tell him to stop kicking a fellow who is down.
But when you see the policeman do the same thing to some citizen
you will think twice before interfering, because he might beat you up
too and arrest you to boot. He has the authority.
John, who has no authority and who knows that some one might
interfere when he is acting unjustly, will - as a rule - be careful
what he is about.
The policeman, who is vested with some authority and who knows
there is little chance of any one interfering with him, will be more
likely to act unjustly.
Even in this simple instance you can observe the effect of
authority: its effect on the one who possesses it and on those over
whom it is exercised. Authority tends to make its possessor unjust
and arbitrary; it also makes those subject to it acquiesce in wrong,
subservient, and servile. Authority corrupts its holder and debases
its victims.
If this is true of the simplest relations of existence, how much
more so in the larger field of our industrial, political, and social
life?
We have seen how your economic dependence upon your boss will
affect your actions. Similarly it will influence others who are
dependent upon him and his good will. Their interests will thus
control their actions, even if they are not clearly aware of it.
And the boss? Will he also not be influenced by his interests?
Will not his sympathies, his attitude and behavior be the result of
his particular interests?
The fact is, every one is controlled, in the main, by his
interests. Our feelings, our thoughts, our actions, our whole life is
shaped, consciously and unconsciously, by our interests.
I am speaking of ordinary human nature, of the average man. Here
and there you will find cases that seem to be exceptions. A great
idea or an ideal, for example, may take such hold of a person that he
will entirely devote himself to it and sometimes even sacrifice his
life for it. In such an instance it might look as if the man acted
against his interests. But that is a mistake - it only seems so. For
in reality the idea or ideal for which the man lived or even gave his
life, was his chief interest. The only difference is that the
idealist finds his main interest in living for some idea, while the
strongest interest of the average man is to get on in the world and
live comfortably and peacefully. But both are controlled by their
dominant interests.
The interests of men differ, but we are all alike in that each of
us feels, thinks, and acts according to his particular
interests, his conception of them.
Now, then, can you expect your boss to feel and act against his
interests? Can you expect the capitalist to be guided by the
interests of his employees? Can you expect the mine owner to run his
business in the interests of the miners?
We have seen that the interests of the employer and employee are
different; so different that they are opposed to each other.
Can there be justice between them? Justice means that each gets
his due. Can the worker get his due or have justice in capitalist
society?
If he did, capitalism could not exist: because then your employer
could not make any profits out of your work. If the worker would get
his due - that is, the things he produces or their equivalent - where
would the profits of the capitalist come from? If labor owned the
wealth it produces, there would be no capitalism.
It means that the worker cannot get what he produces, cannot get
what is due to him, and therefore cannot get justice under wage
slavery.
'If that is the case,' you remark, 'he can appeal to the law, to
the courts.'
What are the courts? What purpose do they serve? They exist to
uphold the law. If someone has stolen your overcoat and you can prove
it, the courts would decide in your favor. If the accused is rich or
has a clever lawyer, the chances are that the verdict will be to the
effect that the whole thing was a misunderstanding, or that it was an
act of aberration, and the man will most likely go free.
But if you accuse your employer of robbing you of the greater part
of your labor, of exploiting you for his personal benefit and profit,
can you get your due in the courts? The judge will dismiss the case,
because it is not against the law for your boss to make profits out
of your work. There is no law to forbid it. You will get no justice
that way.
It is said that 'justice is blind.' By that is meant that it
recognizes no distinction of station, of influence, of race, creed,
or color.
This proposition needs only to be stated to be seen as thoroughly
false. For justice is administered by human beings, by judges and
juries, and every human being has his particular interests, not to
speak of his personal sentiments, opinions, likes, dislikes, and
prejudices, from which he can't get away by merely putting on a
judge's gown and sitting on the bench. The judge's attitude to things
- like every one else's - will be determined, consciously and
unconsciously, by his education and bringing up, by the environment
in which he lives, by his feelings and opinions, and particularly by
his interests and the interests of the social group to which he
belongs.
Considering the above, you must realize that the alleged
impartiality of the courts of justice is in truth a psychological
impossibility. There is no such thing, and cannot be. At best the
judge can be relatively impartial in cases in which neither his
sentiments nor his interests - as an individual or member of a
certain social group - are in any way concerned. In such cases you
might get justice. But these are usually of small importance, and
they play a very insignificant role in the general administration of
justice.no such thing, and cannot be. At best the judge can be
relatively impartial in cases in which neither his sentiments nor his
interests - as an individual or member of a certain social group -
are in any way concerned. In such cases you might get justice. But
these are usually of small importance, and they play a very
insignificant rôle in the general administration of justice.
Let us take an example. Suppose two business men are disputing
over the possession of a certain piece of property, the matter
involving no political or social considerations of any kind. In such
a case the judge, having no personal feeling or interest in the
matter, may decide the case on its merits. Even then his attitude
will to a considerable extent depend on his state of health and his
digestion, on the mood in which he left home, on a probable quarrel
with his spouse, and other seemingly unimportant and irrelevant yet
very decisive human factors.
Or suppose that two workingmen are in litigation over the
ownership of a chicken coop. The judge may in such a case decide
justly, since a verdict in favour of one or other of the litigants in
no way affects the position, feelings, or interests of the judge.
But suppose the case before him is that of a workingman in
litigation with his landlord or with his employer. In such
circumstances the entire character and personality of the judge will
affect his decision. Not that the latter will necessarily be unjust.
That is not the point I am trying to make. What I want to call your
attention to is that, in the given case, the attitude of the judge
cannot and will not be impartial. His sentiments toward workingmen,
his personal opinion of landlords or employers, and his social views
will influence his judgment, sometimes even unconsciously to himself.
His verdict may or may not be just; in any case it will not be based
exclusively on the evidence. It will be affected by his personal,
subjective feelings and by his views regarding labor and capital. His
attitude will generally be that of his circle of friends and
acquaintances, of his social group, and his opinions in the matter
will correspond with the interests of that group. He may even himself
be a landlord or have stock in a corporation which employs labor.
Consciously or unconsciously his view of the evidence given at the
trial will be colored by his own feelings and prejudices, and his
verdict will be a result of that.
Besides, the appearance of the two litigants, their manner of
speech and behavior, and particularly their respective ability to
employ clever counsel, will have a very considerable influence on the
impressions of the judge and consequently on his decision.
It is therefore clear that in such cases the verdict will depend
more on the mentality and class-consciousness of the particular judge
than on the merits of the case.
This experience is so general that the popular voice has expressed
it in the sentiment that 'the poor man can't get justice against the
rich.' There may be exceptions now and then, but generally it is
true and can't be otherwise as long as society is divided into
different classes with differing interests. So long as that is the
case, justice must be one-sided, class justice; that is,
injustice in favor of one class as against the other.
You can see it still more clearly illustrated in cases involving
definite class issues, cases of the class struggle.
Take, for instance, a strike of workers against a corporation or a
rich employer. On what side will you find the judges, the courts?
Whose interests will the law and government protect? The workers are
striking for better conditions of living; they have wives and
children at home for whom they are trying to get a little bigger
share of the wealth they are creating. Does the law and government
help them in this worthy aim?
What actually happens? Every branch of government comes to the aid
of capital as against labor. The courts will issue an injunction
against the strikers, they will forbid picketing or make it
ineffectual by not permitting the strikers to persuade outsiders not
to take the bread out of their mouths, the police will beat up and
arrest the pickets, the judges will impose fines on them and railroad
them to jail. The whole machinery of the government will be at the
service of the capitalists to break the strike, to smash the union,
if possible, and reduce the workers to submission. Sometimes the
Governor of the State will even call out the militia, the President
will order out the regular troops - all in support of capital against
labor.
Meanwhile the trust or corporation where the strike is taking
place will order their employees to vacate the company houses, will
throw them and their families out in the cold, and will fill their
places in the mill, mine, or factory with strikebreakers, under the
protection and with the aid of the police, the courts, and the
government, all of whom are supported by your labor and taxes.
Can you speak of justice under such circumstances? Can you be so
naive as to believe that justice is possible in the struggle of the
poor against the rich, of labor against capital? Can't you see that
it is a bitter fight, a struggle of opposed interests, a war of
two classes? Can you expect justice in war?
Truly the capitalistic class knows that it is war, and it uses
every means at its command to defeat labor. But the workers
unfortunately do not see the situation as clearly as their masters,
and so they still foolishly twaddle about 'justice', 'equality before
the law', and 'liberty'.
It is useful to the capitalist class that the workers should
believe in such fairy tales. It guarantees the continuation of the
rule of the masters. Therefore they use every effort to keep up this
belief. The capitalistic press, the politician, the public speaker,
never miss an opportunity to impress it upon you that law means
justice, that all are equal before the law, and that every one enjoys
liberty and has the same opportunity in life as the next fellow. The
whole machinery of law and order, of capitalism and government, our
entire civilization is based upon this gigantic lie, and the constant
propaganda of it by school, church, and press is for the sole purpose
of keeping conditions as they are, of sustaining and protecting the
'sacred institutions' of your wage slavery and keeping you obedient
to law and authority.
By every method they seek to instill this lie of 'justice',
'liberty', and 'equality' in the masses, for full well they know that
their whole power and mastery rest on this faith. On every
appropriate and inappropriate occasion they feed you this buncombe;
they have even created special days to impress the lesson more
emphatically upon you. Their spellbinders fill you full of this stuff
on the Fourth of July, and you are permitted to shoot your misery and
dissatisfaction off in firecrackers and forget your wage slavery in
the big noise and hullabaloo. What an insult to the glorious memory
of that great event, the American Revolutionary War, which abolished
the tyranny of George III and made the American Colonies an
independent republic! Now the anniversary of that event is used to
mask your servitude in the country where the workers have neither
freedom nor independence. To add insult to injury, they have given
you a Thanksgiving Day, that you may offer up pious thanks for what
you have not!
So great is the assurance of your masters in your stupidity that
they dare do such things. They feel safe in having duped you so
thoroughly and reduced your naturally rebellious spirit to such
abject worship of 'law and order' that you will never dream of
opening your eyes and letting your heart cry out in outraged protest
and defiance.
At the least sign of your rebellion the entire weight of the
government, of law and order, comes down upon your head, beginning
with the policeman's club, the jail, the prison, and ending with the
gallows or the electric chair. The whole system of capitalism and
government is mobilized to crush every symptom of dissatisfaction and
rebellion; aye, even any attempt to improve your condition as a
workingman. Because your masters well understand the situation and
fully know the danger of your waking up to the actual facts of the
case, to your real condition of slave. They are aware of their
interests, of the interests of their class. They are class conscious,
while the workers remain muddled and befuddled.
The industrial lords know that it is good for them to keep you
unorganized and disorganized, or to break up your unions when they
get strong and militant. By hook and crook they oppose your every
advance as a class-conscious worker. Every movement for the
improvement of labor's condition they hate and fight tooth and nail.
They'll spend millions on the kind of education and propaganda that
serves the continuation of their rule rather than on improving your
conditions as a worker. They will spare neither expense nor energy to
stifle any thought or idea that may reduce their profits or threaten
their mastery over you.
It is for this reason that they try to crush every aspiration of
labor for better conditions. Consider, for instance, the movement for
the eight-hour day. It is comparatively recent history, and probably
you remember with what bitterness and determination the employers
opposed that effort of labor. In some industries in America and in
most European countries the struggle is still going on. In the United
States it began in 1886, and it was fought by the bosses with the
greatest brutality in order to drive their workers back to the
factories under the old conditions. They resorted to lockouts,
throwing thousands out of work, to violence by hired thugs and
Pinkertons upon labor assemblies and their active members, to the
demolition of union headquarters and meeting places.
Where was 'law and order'? What side of the struggle was the
government on? What did the courts and the judges do? Where was
justice?
The local, State, and Federal authorities used all the machinery
and power at their command to aid the employers. They did not even
shrink from murder. The most active and able leaders of the movement
had to pay with their lives for the attempt of the workers to reduce
their hours of toil.
Many books have been written on that struggle, so that it is
unnecessary for me to go into details. But a brief summary of those
events will refresh the reader's memory.
The movement for the eight-hour workday started in Chicago, on May
1, 1886, gradually spreading throughout the country. Its beginning
was marked by strikes declared in most of the large industrial
centers. Twenty-five thousand workers laid down their tools in
Chicago on the first day of the strike, and within two days their
number was doubled. By the 4th of May almost all unionized labor in
the city was on strike.
The armed fist of the law immediately hastened to the aid of the
employers. The capitalist press raved against the strikers and called
for the use of lead against them. There followed immediately assaults
by police upon the strikers' meetings. The most vicious attack took
place at the McCormick works, where the conditions of employment were
so unbearable that the men were compelled to go on strike already in
February. At this place the police and Pinkertons deliberately shot a
volley into the assembled workers, killing four and wounding a score
of others.
To protest against the outrage a meeting was called at Haymarket
Square on the 4th of May, 1886.
It was an orderly gathering, such as were daily taking place in
Chicago at the time. The Mayor of the city, Carter Harrison, was
present; he listened to several speeches and then - according to his
own sworn testimony later on in court - he returned to police
headquarters to inform the Chief of Police that the meeting was all
right. It was growing late - about ten in the evening, heavy clouds
overcast the sky; it looked like rain. The audience began to disperse
till only about two hundred were left. Then suddenly a detachment of
a hundred policemen rushed upon the scene, commanded by Police
Inspector Bonfield. They halted at the speakers' wagon, from which
Samuel Fielden was addressing the remnant of the audience. The
Inspector ordered the meeting to disperse. Fielden replied: 'This is
a peaceful assembly.' Without further warning the police threw
themselves upon the people, mercilessly clubbing and beating men and
women. At that moment something whizzed through the air. There was an
explosion, as of a bomb. Seven policemen were killed and about sixty
wounded.
It was never ascertained who threw the bomb, and even to this day
the identity of the man has not been established.
There had been so much brutality by the police and Pinkertons
against the strikers that it was not surprising that some one should
express his protest by such an act. Who was he? The industrial
masters of Chicago were not interested in this detail. They were
determined to crush rebellious labor, to down the eight-hour
movement, and to stifle the voice of the spokesmen of the workers.
They openly declared their determination to 'teach the men a lesson'.
Among the most active and intelligent leaders of the labor
movement at the time was Albert Parsons, a man of old American stock,
whose forebears had fought in the American Revolution. Associated
with him in the agitation for the shorter workday were August Spies,
Adolf Fischer, George Engel, and Louis Lingg. The money interests of
Chicago and of the State of Illinois determined to 'get' them. Their
object was to punish and terrorize labor by murdering their most
devoted leaders. The trial of those men was the most hellish
conspiracy of capital against labor in the history of America.
Perjured evidence, bribed jurymen, and police revenge combined to
bring about their doom.
Parsons, Spies, Fischer, Engel, and Lingg were condemned to death,
Lingg committing suicide in jail; Samuel Fielden and Michael Schwab
were sentenced to prison for life, while Oscar Neebe received 15
years. No greater travesty of justice was ever staged than the trial
of these men known as the Chicago Anarchists.
What a legal outrage the verdict was you can judge from the action
of John P. Altgeld, later Governor of Illinois, who carefully
reviewed the trial proceedings and declared that the executed and
imprisoned men had been victims of a plot of the manufacturers, the
courts, and the police. He could not undo the judicial murders, but
most courageously he liberated the still imprisoned Anarchists,
stating that he was merely making good, so far as was in his power,
the terrible crime that had been committed against them.
The vengeance of the exploiters went so far that they punished
Altgeld for his brave stand by eliminating him from the political
life of America.
The Haymarket tragedy, as the case is known, is a striking
illustration of the kind of 'justice' labor may expect from the
masters. It is a demonstration of its class character and of the
means to which capital and government will resort to crush the
workers.
The history of the American labor movement is replete with such
examples. It is not within the scope of this book to review the great
number of them. They are dealt with in numerous books and
publications, to which I refer the reader for a nearer acquaintance
with the Golgotha of the American proletariat. On a smaller scale the
Chicago judicial murders are repeated in every struggle of labor. It
is sufficient to mention the strikes of the miners in the State of
Colorado, with its fiendish Ludlow chapter, where the State militia
deliberately shot into the workers' tents, setting the latter afire
and causing the death of a number of men, women and children; the
murder of strikers in the hopfields of Wheatland, California, in the
summer of 1913; in Everett, Washington' in 1916; in Tulsa, Oklahoma;
in Virginia and in Kansas; in the copper mines of Montana, and in
numerous other places throughout the country.
Nothing so arouses the hatred and vengeance of the masters as the
effort to enlighten their victims. This is as true to-day as it was
in the time of slavery and serfdom We have seen how the church
persecuted and martyred her critics and fought every advance of
science as a threat to her authority and influence. Similarly has
every despot always sought to stifle the voice of protest and
rebellion. In the same spirit capital and government to-day furiously
fall upon and tear to pieces every one who dares shake the
foundations of their power and interests.
Take two recent cases as instances of this never-changing attitude
of authority and ownership: the Mooney- Billings case and that of
Sacco and Vanzetti. One took place in the East, the other in the
West, the two separated by a decade and the whole width of the
continent. Yet they were exactly alike, proving that there is neither
East nor West, nor any difference of time or place in the masters'
treatment of their slaves.
Mooney and Billings are in prison in California for life. Why? If
I were to answer in just a few words, I should say, with perfect
truth and completeness: because they were intelligent union men who
tried to enlighten their fellow-employees and improve their
condition.
It was just this, and no other reason, that doomed them. The
Chamber of Commerce of San Francisco, the money power of California,
could not tolerate the activities of two such energetic and militant
men. Labor in San Francisco was becoming restive, strikes were taking
place, and demands were being voiced by the toilers for a greater
share of the wealth they were producing.
The industrial magnates of the coast declared war upon organized
labor. They proclaimed the 'open shop' and their determination to
break the unions. That was the preliminary step towards placing the
workers in a position of helplessness and then reducing wages. Their
hatred and persecution were directed first of all against the most
active members of labor.
Tom Mooney had organized the street-car men of San Francisco, a
crime for which the traction company could not forgive him. Mooney
together with Warren Billings and other workers had also been active
in a number of strikes. They were known and admired for their
devotion to the union cause. That was enough for the employers and
the San Francisco Chamber of Commerce to try to get them out of the
way. On several occasions they had been arrested on frame-up charges
by agents of the traction and other corporations. But the cases
against them were of such flimsy nature that they had to be
dismissed. The Chamber of Commerce bided its opportunity to 'get'
those two labor men, as their agents openly threatened to do.
The opportunity came with the explosion during the Preparedness
Parade in San Francisco, July 22, 1916. The labor unions of the city
had decided not to participate in the parade, because the latter was
merely a show of strength by California capital as against unionized
labor which the Chamber of Commerce had set out to crush. The 'open
shop' was its frankly proclaimed policy, and it made no secret of its
determined and bitter hostility to unions.
It has never been ascertained who placed the infernal machine
which exploded during the parade, but the San Francisco police never
made any serious effort to find the responsible party or parties.
Immediately following the tragic occurrence Thomas Mooney and his
wife Rena were arrested, as well as Warren Billings, Edward D. Nolan,
member of the machinists' union, and I. Weinberg, of the jitney
drivers' union.
The trial of Billings and Mooney proved one of the worst scandals
in the history of American courts.
The State witnesses were self-confessed perjurers, bribed and
threatened by the police into giving false testimony. Evidence
showing the entire innocence of Mooney and Billings was ignored.
Mooney was accused of having placed the infernal machine at the very
time when he was in the company of friends upon the roof of a house
about a mile and a half distant from the scene of the explosion. A
photograph taken of the demonstration by a film company during the
parade clearly shows Mooney on the roof, and in the background a
street clock indicating the time as 2.02 p.m. The explosion having
taken place at 2.06 p.m., it would have been a physical impossibility
for Mooney to have been at both places at almost the same time.
But it was not a question of evidence, of guilt or innocence. Tom
Mooney was bitterly hated by the vested interests of San Francisco.
He had to be gotten out of the way. Mooney and Billings were
convicted, the former being sentenced to death, the latter receiving
a lifetime term.
The outrageous manner in which the trial was conducted, the
evident perjury of the State witnesses, and the clear hand of the
manufacturers back of the prosecution aroused the country. The matter
ultimately was brought up before Congress. The latter passed a
resolution ordering the Labor Department to investigate the case. The
report of Commissioner John B. Densmore, sent to San Francisco for
this purpose, exposed the conspiracy to hang Mooney as one of the
methods of the Chamber of Commerce to destroy organized labor in
California.
Since then most of the State witnesses, having failed to receive
the reward promised them, confessed to having perjured themselves at
the instigation of Charles M. Fickert, then District Attorney of San
Francisco and known tool of the Chamber of Commerce. Draper Hand and
R. W. Smith, police officials of the city, have both declared in
sworn affidavits that the evidence against Mooney and Billings was
manufactured from beginning to end by the District Attorney and his
bribed witnesses from the lowest social dregs of the coast.
The Mooney-Billings case attracted national and even international
attention. President Wilson felt induced to wire to the Governor of
California twice, asking for a revision of the case. Mooney's death
sentence was commuted to life imprisonment, but no effort has
succeeded in securing him a new trial. The money power of California
was bent on keeping Mooney and Billings in the penitentiary. The
Supreme Court of the State, obedient to the Chamber of Commerce,
steadfastly refused, on technical grounds, to review the trial
testimony, the perjured character of which had become a byword in
California.
Since then all the surviving jurors have made statements to the
effect that if the true facts of the case had been known to them
during the trial, they would have never convicted Mooney. Even Judge
Fraser, who presided at the trial, has asked for Mooney's pardon, on
similar grounds.
Yet both Tom Mooney and Warren Billings still remain in the
penitentiary. The Chamber of Commerce of California is determined to
keep them there, and their power is supreme with the courts and the
government.
Can you still speak of justice? Do you think justice to labor
possible under the reign of capitalism?
The judicial murder of the Chicago Anarchists took place many
years ago, in 1887. Considerable time has also elapsed since the
MooneyBillings case, in 1916-1917. The latter, moreover, happened far
away, on the Pacific Coast, at a time of war hysteria. Such rank
injustice could take place only in those days, you might say; it
could hardly be repeated to-day.
Let us then shift the scene to our own day, to the very heart of
America, the proud seat of culture - to Boston, Massachusetts.
It is sufficient to mention Boston to call up the picture of two
proletarians, Nicola Sacco and Bartolemeo Vanzetti, one a poor
shoemaker, the other a fish peddler, whose names to-day are known and
honored in every civilized country the world over.
Martyrs to humanity, if ever there were any; two men who gave up
their lives because of their devotion to mankind, because of their
loyalty to the ideal of an emancipated and freed working class. Two
innocent men who bravely suffered torture during seven long years,
and who died a terrible death with a serenity of spirit rarely
equaled by the greatest martyrs of all time.
The story of that judicial murder of two of the noblest of men,
the crime of Massachusetts that will neither be forgotten nor
forgiven as long as the State exists, is too fresh in the memory of
every one to need recapitulation here.
But why did Sacco and Vanzetti have to die? This question is of
utmost moment; it bears directly upon the matters at issue.
Do you think that if Sacco and Vanzetti had been just a pair of
criminals, as the prosecution tried to make you believe, there would
have been such ruthless determination to execute them in the face of
the appeals, pleadings, and protests of the entire world?
Or if they had been plutocrats actually guilty of murder, with no
other issue involved, would they have been executed? Would no appeal
to the higher courts of the State have been allowed, would the
Federal Supreme Court have refused to consider the case?
You have often heard of some rich fellow killing a man, or of the
sons of wealthy parents found guilty of murder in the first degree.
But can you name a single one of them ever executed in the United
States? Will you even discover many of them in prison? Does not the
law always find excuses of 'mental excitation', of 'brain storm', of
'legal irresponsibility in cases of rich men convicted of crime?
But even if Sacco and Vanzetti had been ordinary criminals
sentenced to die, would not appeals from prominent men in all walks
of life, from charitable societies, and hundreds of thousands of
friends and sympathizers have secured clemency for them? Would not
doubt of their guilt, expressed by the highest legal authorities,
have resulted in a new trial, a revision of the old testimony, and
the consideration of new evidence in their behalf?
Why was all this refused to Sacco and Vanzetti? Why did 'law and
order', beginning with the local police and Federal detectives, up to
the confessedly prejudiced trial judge, all through the Supreme Court
of the State, the Governor, and ending with the Federal Supreme Court
show such a determination to send them to the electric chair?
Because Sacco and Vanzetti were dangerous to the interests of
capital. These men voiced the dissatisfaction of the workers with
their condition of servitude. They expressed consciously what the
workers mostly feel unconsciously. It is because they were
class-conscious men, Anarchists, that they were a greater menace to
the security of capitalism than if they had been a whole army of
strikers not conscious of the real objects of the class struggle. The
masters know that when you strike you demand only higher pay or
shorter hours of work. But the class-conscious struggle of labor
against capital is a far more serious matter; it means the entire
abolition of the wage system and the freeing of labor from the
domination of capital. You can readily understand then why the
masters saw a greater danger in such men as Sacco and Vanzetti than
in the biggest strike for the mere improvement of conditions with in
capitalism.
Sacco and Vanzetti threatened the whole structure of capitalism
and government. Not those two poor proletarians as individuals. No;
rather what those two men represented - the spirit of conscious
rebellion against existing conditions of exploitation and oppression.
It is that spirit which capital and government meant to kill in
the persons of those men. To kill that spirit and the movement for
labor's emancipation by striking terror into the hearts of all who
might think and feel like Sacco and Vanzetti; to make an example of
those two men that would intimidate the workers and keep them away
from the proletarian movement.
This is the reason why neither the courts not the government of
Massachusetts could be induced to give Sacco and Vanzetti a new
trial. There was danger of their being acquitted in the atmosphere of
an aroused public sense of justice; there was the fear that the plot
to murder them would be exposed. That is why the Justices of the
Federal Supreme Court declined to hear the case, just as the judges
of the Supreme Court of the State of Massachusetts refused a new
trial in spite of important new evidence. For that reason also the
President of the United States did not intercede in the matter,
though it was no less his moral than his legal duty to do so. His
moral duty, in the interests of justice; his legal obligation because
as President he had sworn to uphold the Constitution which guarantees
every one a fair trial, which Sacco and Vanzetti did not get.
President Coolidge had sufficient precedents for interceding in
behalf of justice, notably the example of Woodrow Wilson, in the case
of Mooney. But Coolidge had not the courage to do so, being entirely
subservient to the Big Interests. No doubt the case of Sacco and
Vanzetti was also considered of even greater importance and class
significance than that of Mooney. At any rate, both capital and
government agreed in their resolve to uphold the courts of
Massachusetts at all cost and to sacrifice Nicolo Sacco and
Bartolemeo Vanzetti.
The masters were determined to uphold the legend of 'justice in
the courts', because their whole power rests on the popular belief in
such justice. It is not that infallibility is claimed for judges. If
that were the attitude, there would be no appeal from the decision of
a judge, there would be neither superior nor supreme courts. The
fallibility of Justice is admitted, but the fact that the courts and
all government institutions serve only to support the rule of the
masters over their labor slaves - that their justice is but class
justice - that could not be admitted for even an instant. Because if
the people found that out, capitalism and government would be doomed.
That is exactly why no impartial review of the evidence in the Sacco
and Vanzetti case could be permitted, no new trial given them, for
such a proceeding would have exposed the motives and objects back of
their prosecution.
Therefore there was no appeal and no new trial- only a star
chamber hearing behind closed doors in the Governor's mansion, by men
whose loyalty to the dominant class was above suspicion; men who by
all their training and education, by their tradition and interests
were bound to Sustain the courts and clear the Sacco and Vanzetti
verdict of any imputation of class justice. Therefore Sacco and
Vanzetti had to die.
Governor Fuller of Massachusetts pronounced the final word of
their doom. There were, even up to the last moment, thousands who had
hoped that the Governor would shrink from committing this coldblooded
murder. But they did not know or had forgotten that years before, in
1919, the same Fuller had stated in Congress that every 'radical,
socialist, IWW, or anarchist should be exterminated'; that is, that
those who seek to free labor should be murdered. Could you reasonably
expect such a man to do justice to Sacco and Vanzetti, two avowed
Anarchists?
Governor Fuller acted according to his sentiments, in keeping with
his attitude and interests as a member of the ruling class, in a
manner thoroughly class-conscious. Similarly have acted Judge Thayer
and all those involved in the prosecution, no less than the
'respectable gentlemen of the Commission appointed by Fuller to
'review' the case in secret session. All of them class-conscious,
they were interested only in sustaining capitalistic 'justice', so as
to preserve the 'law and order' by which they live and profit.
Is there justice for labor within capitalism and government? Can
there be any as long as the present system exists? Decide for
yourself.
The cases I have cited are but a few of the numerous struggles of
American labor against capital. The same can be duplicated in every
country. They clearly demonstrate the fact that
- (1) there is only class justice in the war of capital against
labor; there can be no justice for labor under capitalism.
-
(2) law and government, as well as all other capitalist institutions
(the press, the school, the church, the police, and courts) are
always at the service of capital against labor, whatever the merits
of any given case. Capital and government are twins with one common
interest.
-
(3) capital and government will use any and all means to keep the
proletariat in subjection: they will terrorize the working class and
ruthlessly murder its most intelligent and devoted members.
It cannot be otherwise, because there is a life-and-death struggle
between capital and labor.
Every time that capital and its servant, the law, hang such men as
the Chicago Anarchists or electrocute the Saccos and Vanzettis, they
proclaim that they have 'freed society from a menace'. They want you
to believe that the executed were your enemies, enemies of society.
They also want you to believe that their death has settled the
matter, that capitalistic justice has been vindicated, and that 'law
and orders has triumphed. But the matter is not settled, and the
masters' victory is only temporary. The struggle goes on, as it has
continued all through the history of man, all through the march of
labor and liberty. No matter is ever settled unless it is settled
right. You can't suppress the natural yearning of the human heart for
freedom and well-being, however much terror and murder governments
may resort to. You can't stifle the demand of the toiler for better
conditions. The struggle goes on and will continue in spite of
everything law, government, and capital may do. But that the workers
may not be wasting their energy and efforts in the wrong direction,
they must clearly understand that they can no more hope for justice
from the courts, from law and government, than they can expect wage
slavery to be abolished by their masters.
'What's to be done, then?' you ask. 'How shall the workers get
justice?'
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