A People's History of the United States (55 page)

In the municipal elections of 1917, against the tide of propaganda and patriotism, the Socialists made remarkable gains. Their candidate for mayor of New York, Morris Hillquit, got 22 percent of the vote, five times the normal Socialist vote there. Ten Socialists were elected to the New York State legislature. In Chicago, the party vote went from 3.6 percent in 1915 to 34.7 percent in 1917. In Buffalo, it went from 2.6 percent to 30.2 percent.

George Creel and the government were behind the formation of an American Alliance for Labor and Democracy, whose president was Samuel Gompers and whose aim was to “unify sentiment in the nation” for the war. There were branches in 164 cities; many labor leaders went along. According to James Weinstein, however, the Alliance did not work: “Rank-and-file working class support for the war remained lukewarm. . . .” And although some prominent Socialists—Jack London, Upton Sinclair, Clarence Darrow—became prowar after the U.S. entered, most Socialists continued their opposition.

Congress passed, and Wilson signed, in June of 1917, the Espionage Act. From its title one would suppose it was an act against spying. However, it had a clause that provided penalties up to twenty years in prison for “Whoever, when the United States is at war, 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 wilfully obstruct the recruiting or enlistment service of the U.S. . . .” Unless one had a theory about the nature of governments, it was not clear how the Espionage Act would be used. It even had a clause that said “nothing in this section shall be construed to limit or restrict . . . any discussion, comment, or criticism of the acts or policies of the Government. . . .” But its double-talk concealed a singleness of purpose. The Espionage Act was used to imprison Americans who spoke or wrote against the war.

Two months after the law passed, a Socialist named Charles Schenck was arrested in Philadelphia for printing and distributing fifteen thousand leaflets that denounced the draft law and the war. The leaflet recited the Thirteenth Amendment provision against “involuntary servitude” and said the Conscription Act violated this. Conscription, it said, was “a monstrous deed against humanity in the interests of the financiers of Wall Street.” And: “Do not submit to intimidation.”

Schenck was indicted, tried, found guilty, and sentenced to six months in jail for violating the Espionage Act. (It turned out to be one of the shortest sentences given in such cases.) Schenck appealed, arguing that the Act, by prosecuting speech and writing, violated the First Amendment: “Congress shall make no law . . . abridging the freedom of speech, or of the press. . . .”

The Supreme Court's decision was unanimous and was written by its most famous liberal, Oliver Wendell Holmes. He summarized the contents of the leaflet and said it was undoubtedly intended to “obstruct” the carrying out of the draft law. Was Schenck protected by the First Amendment? Holmes said:

Holmes's analogy was clever and attractive. Few people would think free speech should be conferred on someone shouting fire in a theater and causing a panic. But did that example fit criticism of the war? Zechariah Chafee, a Harvard law school professor, wrote later
(Free Speech in the United States)
that a more apt analogy for Schenck was someone getting up between the acts at a theater and declaring that there were not enough fire exits. To play further with the example: was not Schenck's act more like someone shouting, not falsely, but truly, to people about to buy tickets and enter a theater, that there was a fire raging inside?

Perhaps free speech could not be tolerated by any reasonable person if it constituted a “clear and present danger” to life and liberty; after all, free speech must compete with other vital rights. But was not the war itself a “clear and present danger,” indeed, more clear and more present and more dangerous to life than any argument against it? Did citizens not have a right to object to war, a right to be a danger to dangerous policies?

(The Espionage Act, thus approved by the Supreme Court, has remained on the books all these years since World War I, and although it is supposed to apply only in wartime, it has been constantly in force since 1950, because the United States has legally been in a “state of emergency” since the Korean war. In 1963, the Kennedy administration pushed a bill [unsuccessfully] to apply the Espionage Act to statements uttered by Americans abroad; it was concerned, in the words of a cable from Secretary of State Rusk to Ambassador Lodge in Vietnam, about journalists in Vietnam writing “critical articles . . . on Diem and his government” that were “likely to impede the war effort.”)

The case of Eugene Debs soon came before the Supreme Court. In June of 1918, Debs visited three Socialists who were in prison for opposing the draft, and then spoke, across the street from the jail, to an audience he kept enthralled for two hours. He was one of the country's great orators, and was interrupted again and again by laughter and applause. “Why, the other day, by a vote of five-to-four—a kind of craps game, come seven, come eleven—they declared the child labor law unconstitutional.” He spoke of his comrades in jail. He dealt with the charges that Socialists were pro-German. “I hate, I loathe, I despise Junkers and Junkerdom. I have no earthly use for the Junkers of Germany, and not one particle more use for the Junkers in the United States.” (Thunderous applause and cheers.)

Debs was arrested for violating the Espionage Act. There were draft-age youths in his audience, and his words would “obstruct the recruiting or enlistment service.”

His words were intended to do much more than that:

Debs refused at his trial to take the stand in his defense, or to call a witness on his behalf. He denied nothing about what he said. But before the jury began its deliberations, he spoke to them:

The jury found him guilty of violating the Espionage Act. Debs addressed the judge before sentencing:

The judge denounced those “who would strike the sword from the hand of this nation while she is engaged in defending herself against a foreign and brutal power.” He sentenced Debs to ten years in prison.

Debs's appeal was not heard by the Supreme Court until 1919. The war was over. Oliver Wendell Holmes, for a unanimous court, affirmed Debs's guilt. Holmes discussed Debs's speech: “He then expressed opposition to Prussian militarism in a way that naturally might have been thought to be intended to include the mode of proceeding in the United States.” Holmes said Debs made “the usual contrasts between capitalists and laboring men . . . with the implication running through it all that the working men are not concerned in the war.” Thus, Holmes said, the “natural and intended effect” of Debs's speech would be to obstruct recruiting.

Debs was locked up in the West Virginia state penitentiary, and then in the Atlanta federal penitentiary, where he spent thirty-two months until, at the age of sixty-six, he was released by President Harding in 1921.

About nine hundred people went to prison under the Espionage Act. This substantial opposition was put out of sight, while the visible national mood was represented by military bands, flag waving, the mass buying of war bonds, the majority's acquiescence to the draft and the war. This acquiescence was achieved by shrewd public relations and by intimidation—an effort organized with all the power of the federal government and the money of big business behind it. The magnitude of that campaign to discourage opposition says something about the spontaneous feelings of the population toward the war.

The newspapers helped create an atmosphere of fear for possible opponents of the war. In April of 1917, the
New York Times
quoted Elihu Root (former Secretary of War, a corporation lawyer) as saying: “We must have no criticism now.” A few months later it quoted him again that “there are men walking about the streets of this city tonight who ought to be taken out at sunrise tomorrow and shot for treason.” At the same time, Theodore Roosevelt was talking to the Harvard Club about Socialists, IWWs, and others who wanted peace as “a whole raft of sexless creatures.”

In the summer of 1917, the American Defense Society was formed. The New York
Herald
reported: “More than one hundred men enrolled yesterday in the American Vigilante Patrol at the offices of the American Defense Society. . . . The Patrol was formed to put an end to seditious street oratory.”

The Department of Justice sponsored an American Protective League, which by June of 1917 had units in six hundred cities and towns, a membership of nearly 100,000. The press reported that their members were “the leading men in their communities . . . bankers . . . railroad men . . . hotel men.” One study of the League describes their methods:

The League claimed to have found 3 million cases of disloyalty. Even if these figures are exaggerated, the very size and scope of the League gives a clue to the amount of “disloyalty.”

The states organized vigilante groups. The Minnesota Commission of Public Safety, set up by state law, closed saloons and moving picture theaters, took count of land owned by aliens, boosted Liberty bonds, tested people for loyalty. The Minneapolis
Journal
carried an appeal by the Commission “for all patriots to join in the suppression of antidraft and seditious acts and sentiment.”

The national press cooperated with the government. The
New York Times
in the summer of 1917 carried an editorial: “It is the duty of every good citizen to communicate to proper authorities any evidence of sedition that comes to his notice.” And the
Literary Digest
asked its readers “to clip and send to us any editorial utterances they encounter which seem to them seditious or treasonable.” Creel's Committee on Public Information advertised that people should “report the man who spreads pessimistic stories. Report him to the Department of Justice.” In 1918, the Attorney General said: “It is safe to say that never in its history has this country been so thoroughly policed.”

Why these huge efforts? On August 1, 1917, the New York
Herald
reported that in New York City ninety of the first hundred draftees claimed exemption. In Minnesota, headlines in the Minneapolis
Journal
of August 6 and 7 read: “Draft Opposition Fast Spreading in State,” and “Conscripts Give False Addresses.” In Florida, two Negro farm hands went into the woods with a shotgun and mutilated themselves to avoid the draft: one blew off four fingers of his hand; the other shot off his arm below the elbow. Senator Thomas Hardwick of Georgia said “there was undoubtedly general and widespread opposition on the part of many thousands . . . to the enactment of the draft law. Numerous and largely attended mass meetings held in every part of the State protested against it. . . .” Ultimately, over 330,000 men were classified as draft evaders.

In Oklahoma, the Socialist party and the IWW had been active among tenant farmers and sharecroppers who formed a “Working Class Union.” At a mass meeting of the Union, plans were made to destroy a railroad bridge and cut telegraph wires in order to block military enlistments. A march on Washington was planned for draft objectors throughout the country. (This was called the Green Corn Rebellion because they planned to eat green corn on their march.) Before the Union could carry out its plans, its members were rounded up and arrested, and soon 450 individuals accused of rebellion were in the state penitentiary. Leaders were given three to ten years in jail, others sixty days to two years.

On July 1, 1917, radicals organized a parade in Boston against the war, with banners: