ASSEMBLYMAN DR. LIEBKNECHT: How would it be possible to speak about

criminology without considering it as a social phenomenon? ("Very true!"

from the Soc.-Dem.) When we wish to speak about criminality during war

we certainly must consider the special social phenomena of the war which

lead to crime! Justice is indeed not only the concern of the employees

of the Department of Justice, but the affair of the entire people.

("Very true!" from the Soc.-Dem.) It is generally recognized to-day that

crime is to be considered a social disease. That war psychology is

responsible for preliminaries for the increase of crime is clear. Many a

sharp word could be said on this point, many a lash with the whip could

be given to the bourgeoisie society, but because the President does not

wish it, I will have to be silent about that which should also be said.

When Assemblyman Schenk von Schweinsburg said recently that the war

should not end very soon, lest after the war we shall again face such

conditions as in 1870--then I say, that from the present war no moral

regeneration can grow; from blood no innocence can grow; from might no

right can grow. The Apocalyptic rider rides even over righteousness and

tramples the seed of righteousness.

The crime among the young is an especially serious phenomenon which can

be recognized in its entire importance only in connection with the

increased death rates of the young and the death rates of children, and

with the increased commitments to the reformatory. According to the

investigation of the _Zentrale fuer Jugendfuersorge_ (Headquarters of the

Welfare Society for the Youth), criminality among youths between twelve

and fourteen years has increased almost twice. ("Hear, hear!" from the

Soc.-Dem.) This increase touches also the youth of fourteen to sixteen

and naturally increases with the duration of the war. Offenses on

account of need and offenses on account of neglect of youth play an

important role. ("Hear, hear!" from the Soc.-Dem.) Statistics would be

important which would show the relation between criminality and the

increase in the cost of living and the increase of the calls to the

army. The ruin of the family, insufficient education, need of better

housing, the partial abolition of laws protecting youth, all help to

increase criminality among the youth. To-day the youth of the

proletariat is in the position described in the melancholy song:

_Maikoefer fliege, dein Vater ist im Kriege_. (May-bug fly, your father

is in the war.) ("Very true!" from the Soc.-Dem.) The state took its

protecting hand away from the children; it is replaced by the

reformatory and criminal justice, in order to meet these phenomena of

human misery. ("Very true!" from the Soc.-Dem.) Added to that are the

moral causes, the contradiction of the entire present state of affairs

of Christian morality as preached in peace time; the entire morale of

bourgeoisie society is overturned. ("Very true!" from the Soc.-Dem.) How

the old are singing, the young are twittering! The neglect of the youth

is a natural result of neglect of the entire human race in this war, the

neglect of our entire culture. ("Very true!" from the Soc.-Dem.)

Now commissioned officers are put into the schools to drum morality into

the youth; outside of the schools also a strong militarization of the

youth will take place. All kinds of demands for extreme reaction shoot

luxuriantly into blossom. In fact there was recently demanded the

restriction of free emigration of the youth from place to place. ("Hear,

hear!" from the Soc.-Dem.)

VICE-PRESIDENT DR. KRAUSE: All your last reproaches are not referring to

the administration of the Department of Justice. I call you for the

second time to the question, and call your attention to the resulting

consequences, according to the order of business.

ASSEMBLYMAN DR. K. LIEBKNECHT: In time of peace it was possible to

discuss thoroughly in this connection the causes of criminality. Now

they try to muzzle me. ("Very true!" calls from the Soc.-Dem. "Even in

Parliament!") That is plainly impossible. (The bell of the President.)

VICE-PRESIDENT DR. KRAUSE: I refuse to permit any criticism of the way I

preside. Certainly the discussion on the budget is the suitable place

for discussing all those social matters, but not in the section on the

Department of Justice's administration. This belongs to the general

discussion.

ASSEMBLYMAN DR. K. LIEBKNECHT: I made my remarks in close connection

with the deliberation of the method for decreasing criminality among

youth. It is not possible to discuss criminality without discussing the

complex social conditions on which it grows. The Minister of Justice is

deeply interested in those methods which must be considered in

decreasing crimes. ("Very true!" from the Soc.-Dem.)

Another branch of material and spiritual misery is the increase of crime

among women. The President would not permit me to go into details to

show that just as crimes among the young go together with reform

schools, so criminology among women goes hand in hand with prostitution.

To discuss this matter in great detail is, according to the instructions

of the President, not suitable for this place. In criminality among

women, offenses because of misery and offenses because of neglect play

an important role, especially miscarriages. The campaign of our

Department of Justice against birth control is a particular chapter of

special importance which demands also sharp criticism. Birth control is

fought particularly on account of its danger to the military strength of

the people. We find that our criminal law, especially of late, has taken

sharp measures against abortion, in order to protect our army strength.

The women who are very often in most difficult distress, are forced to

give birth to future defenders of the Fatherland. I must protest against

this kind of procedure from the Department of Justice which defends

bayoneting the womb of the mother. (Great laughter at right side of the

House.) Previously not so much attention was given to the welfare of the

youth, to the remedy for crimes among the young. All these matters

attracted great interest only when they began to be considered from the

point of view of Militarism, in the light of the army strength of the

people. That is how irritability is to be explained when those questions

are touched. Sentences on offenses on account of neglect and offenses on

account of want in their severity present a great contrast to the mild

sentences against the profiteers of the necessities of life, those

vampires on the strength of the people. ("Very true!" from the

Soc.-Dem.) This justice functioning strongly against the unfortunate

ones, who through social misery fell under the wheels of the law, and

the milder sentences on those dangerous hyenas of the battlefield,

gentlemen of high position, gentlemen from wealthy strata, show most

clearly that the class character of the present society is not

abolished during the war, but is aggravated, if that were at all

possible. All this in spite of the party truce and in spite of the

phrase "I know no parties any longer." (Liebknecht refers here to the

phrase of the Kaiser. _S. Z._) Also political justice did not cease to

any extent during the war. I wish to remind you of the way the

_schutzhaft_ (That is, confinement in prison till the end of the war.

_S. Z._) is treated now as a sentence without trial, without verdict, as

a punishment without any guaranties under the code of criminal

procedure. The relation between the military dictatorship and justice

also needs examination. Upon the searching of houses, which casts on our

justice the deepest shadow, the so-called Schutzhaft follows. Those who

are in the Schutzhaft cannot defend themselves in any way. The word

Schutzhaft taken literally means a "safe place," exactly the contrary of

what it really is. Those in Schutzhaft are not even in a position to get

the advice of counsel. Here in Berlin the authorities having

jurisdiction over the Schutzhaft are treating the lawyers very roughly

and excluding them more and more. An attempt of Attorney Weinberg to

obtain the interference of the Bar Association of Berlin against this

undeserved treatment was unfortunately put down by the Bar Association.

Hundreds and hundreds are or have been in the Schutzhaft for months,

yes, ever since the beginning of the war. A special light is thrown upon

this situation by some political trials also. In the criminal trials

against Westkamp and comrades in Duesseldorf the defendants were first

taken under the Schutzhaft, then under preventative arrest. In court the

warrant of arrest was withdrawn, but in spite of that, they were again

taken from the court room to prison, in Schutzhaft. ("Hear, hear!" from

the Soc.-Dem.) The result was that the appeals had to be given up, in

order not to extend their arrest, I do not know how long. My comrade

Caston in Duesseldorf was taken in preventative arrest one month before

trial began. The order for this arrest was rescinded, but he was held in

Schutzhaft until the beginning of the trial, and although he was

acquitted, he was taken back and interned in Schutzhaft again. ("Hear,

hear!" from the Soc.-Dem. Shouts "_The Russian Way!_") Now look at the

Prussia which was selected in this war to liberate the Russian people

from czarism. (Uproar on the right. "Very true!" from the Soc.-Dem.

Shouts from the Soc.-Dem. "Liberation is necessary here!")

There is the case of Caston, in which the Imperial Chancellor was asked

for redress, but naturally in vain, because the sword of justice is now

in the hands of the military powers, its scales also, and behind the

figure of Justice grins Militarism. ("Very true!" from the Soc.-Dem.

Laughter from the right.)

The beginning of political trials under the party truce is as follows:

The military authorities hand over any kind of work, book or other kind

of material to the prosecuting attorney, with the instruction to

interfere. A very invidious role for our Justice! _Justitia Fundamentum

Regnorum_ (Justice is the foundation of states). No,--_Militarismus

Fundamentum Regnorum!_ (Militarism is the foundation of states!) Our

Justice does not know parties any longer, wherever there are not any

parties, where they capitulated before the military dictatorship. But

she knows very well parties when they have remained in opposition. There

is a very fine distinction in recognizing and considering only a certain

wing in the Social Democracy as a party, which for this wing is

considered a great honor. ("Very true!" from the Soc.-Dem. Laughter on

the right.) This was expressed practically in the trial against my

comrade Walcher for distributing leaflets, of which the District

Attorney of District Court I in Berlin said in the indictment that the

leaflets were directed particularly against the majority wing of the

Social-Democratic representation in the Reichstag. The majority wing and

their policy are for the Department of Justice a particularly holy

object, and on different occasions expressing doubt as to this policy or

hindering the same was worked up in trials by the District Attorney as a

kind of new crime. The indictment against the said Walcher reads: "At

the same time the leaflet contains at the end an appeal to those workmen

who are not in accord with the policy accepted by the majority wing of

the Social-Democratic representation in the Reichstag, by violence to

alienate supporters of the majority Social-Democratic Party. To say

that the public peace is endangered by such action; I need not explain."

("Hear, hear!" from the Soc.-Dem.) We can be only very thankful to you

when by such methods you clarify over and over again the "Party truce"

(_Burgfrieden_), and in that way admit the correctness of our policy; in

that way you naturally attain only the contrary of what you wish to

attain.

The editor of the _Vorwaerts_ (Dr. Meyer) was indicted on account of his

book against the actions of responsible and irresponsible inciters to

annexation and on account of another work, "WHO IS RESPONSIBLE FOR THE

WAR," where he says what every one could say in Germany until July 29,

1914, and what was also said by your parties. In this pamphlet those who

are responsible for the kindling of the world war were pointed out. Dr.

Meyer, it is true, was acquitted, against the motion of the District

Attorney.

The paragraphs about agitation, disturbance of the peace, high treason,

etc., are interpreted more and more loosely. Placing one class in a less

favorable light than another is now considered as inciting to

discontent. Every energetic peace move is prosecuted according to the

criminal code. At the Police Headquarters in Berlin a special commission

was appointed to try those who are arrested on account of peace

propaganda. ("Hear, hear!" from the Soc.-Dem.) This, surely enough, is

not only a German but an international phenomenon. Like Comrade Castor,

a number of Social-Democrats in Italy were also indicted on account of

distributing the Zimmerwald peace manifesto. In Italy the Zimmerwald

peace manifesto was declared not punishable, but in Duesseldorf it was

punishable.

Furthermore, a number of persons were prosecuted on account of

distributing the peace manifesto adopted in Bern at the International

Women's Conference. Among others Clara Zetkin was arrested for the

distribution of the manifesto mentioned. She was arrested for treason

because she engaged in peace propaganda. The French Socialist Louise

Soumonneau was arrested for that also, but acquitted. In Germany the

proceedings are still pending, and so far as I can judge, there does not

exist any inclination to follow the good example of France. But the fact

that an Internationale of enemies of peace get together, with the help

of the Department of Justice, to fight the peace propaganda shows the

condition of the Christian foundation of our present culture. ("Very

true!" from the Soc.-Dem.) If defending the peace idea, if the

proclamation of the international proletariat class struggle against

war, is treason, then it is an honor to be reproached as a traitor.

("Very true!" from the Soc.-Dem.) For us, who see our country in the

Internationale of the proletariat, it is impossible thus to be deceived

by the Department of Justice. But the administration of the Department

of Justice should consider if it is not the highest insult to our

present order of society to consider work for peace and against the

murdering of the people as treason! The Administration of the

Department of Justice, it seems, felt no breath of this Christian

spirit. Equal rights for all in our time? Peace propagandists are

prosecuted, war instigators not. War propaganda is considered as a

special political duty. Why are not capitalists prosecuted and

authorities who, under the threat of sending the working people to the

trenches, prevent them from putting forward demands to improve their

condition, prevent them in that way from going on strike? Why are not

those prosecuted for provocation who withhold from the people the rights

promised to them at the outbreak of the war, and who are accusing the

women of waste and gluttony? Why are not food profiteers prosecuted?

They who conspire to violate an agreement are committing treason. ("Very

true!" from the Soc.-Dem.) High treason has come to be, in a certain

sense, a noble crime. There are certain places in Germany to-day,

especially in prison camps, where high treason is conceived, high

treason other than that just mentioned by me. (Liebknecht refers here to

plots about the Irish Revolution in the German prison camps. _S. Z._) In

1904 German citizens were indicted for high treason against czarism.

To-day those who breed revolutions are high traitors. (Great

disturbance. Shouts--"That's the limit!")

VICE-PRESIDENT DR. KRAUSE: For the unworthy expression that the

Government breeds high treason, I call you to order. According to our

rules I could ask the House if you should speak any further. (Cries of

dissent from the Soc.-Dem.) I shall not do so yet, but if you continue

in that way I will have to do it.

ASSEMBLYMAN DR. LIEBKNECHT: On account of writing and publishing a poem,

death sentence was pronounced, which later on was commuted to five

years' imprisonment. There exists a country, where conditions are even

worse than in Germany, and that is not Russia, but Austria. Only here

and there a cry of distress comes through to the civilized countries.

(Continual disturbance.) If in capitalistic society justice is the veil

of force, the war has torn aside this veil and the legend of the

Christian state, just like the legend of the constitutional state,

vanished over the entire world. One of the most important and proudest

philosophies of bourgeois society is crushed under the blows of the

world war; that can be said also about international law. Even a member

of this House (presumably he means Prof. Liszt, teacher of Law in the

University of Berlin. _S. Z._) revised his handbook on international

law, in order to defend as not contrary to international law all German

methods used in carrying on this war. Just as science, art, religion and

humanity, broke down in this volcanic eruption, so justice broke down

too. In the Budget Committee the Minister of Justice promised to

prohibit German law students from studying law in cities of the neutral

countries where there is a strong sentiment against the German. If that

system were applied to all higher institutions of learning, in which an

unfriendly view against Germany is manifested, then the whole world

would be closed to German students. We protest against drawing such

chauvinistic conclusions from the occurrences at Geneva and Lausanne,

and we protest that the extent of race hatred, under which the whole

world is suffering at present, is exaggerated. ("Very true!" from the

Soc.-Dem.) The clemency decrees were so much praised here that we must

think that to-day even clemency itself is used for war purposes. (Great

disturbance.) On account of these considerations the clemency decrees

must be examined very critically.

What future prospects has our Justice? The source of war criminality

will flourish more and more, the longer the war lasts; and will not the

lowering of the entire standard of living through enormous pressure,

lead to this--that the whip of need should be even after the war one of

the long-remaining acquisitions of our great time? ("Very true!" from

the Soc.-Dem.) Will not the war ethics, the stirred-up inclinations to

acts of violence, that "Necessity knows no law" and "Might goes before

right," produce effects of which we shall be afraid? The passions which

were unshackled by our present order of society cannot be gotten rid of

so quickly. Sodom and Gomorrha are not yet destroyed and with the

sharpening of the class struggle political justice and reaction will

also grow sharper. Those are the prospects for the future. There is in

prospect for the future of humanity in Europe a morale, physical and

economic, bled white. For us it follows inevitably from this side of

our social life that we should put all our strength into the

international class struggle against the war, in order to enforce peace

by the will of the people. ("Very true!" from the Soc.-Dem.) The cries

of distress from the prisons and penitentiaries and places of misery

which cannot reach the public will sound one fine day more clearly in

the ears of those who now stop their ears and will help to wake up

humanity to the only holy struggle known by us Social-Democrats,--for

peace against war, against the capitalistic order of society, for

Socialism! (Lively applause from the Soc.-Dem. Great disturbance.)

(After this masterful exposition by Liebknecht of the condition of

justice in Germany, the Minister of Justice of Prussia, Beseler, took

the floor for some general statements, ending by saying: "I refuse to

give an answer to Dr. Liebknecht.")

THE SITUATION IN AUSTRIA

(At the same meeting Assemblymen Nissen (Dane) and v. Trampcynski (Pole)

protested against the prosecution of their nationalities by the

authorities of the Department of Justice. To them the Minister of

Justice gave no definite reply. This situation gave Liebknecht another

chance and he took the floor again to add his protest and by a few

remarks to show the conditions existing in Austria, Germany's ally.)

DR. LIEBKNECHT: The disciplining of a nationality living in Prussia fits

exactly into the general picture which I just sketched. Such a

"liberation" of our Danish compatriots I took as certain. The Minister

of Justice limited himself to general remarks about my speech, saying

that I resorted to insults. In that way he thought to provide himself a

comfortable retreat. I have no desire, after such words, to concern

myself any longer with the Minister of Justice. Only at one point I

shall have to add something, and that is in relation to his denial of my

remarks about the conditions in Austria. The Minister of Justice

represented that my facts had been invented. But in Austria

courts-martial are carrying out a true regime of terror, such as was not

carried on in the worst days in Russia. (Lively "Hear, hear!" from the

Soc.-Dem.--continued noise from the majority parties.) I have the

material in my hands. ("Hear, hear!" from the Soc.-Dem.) In Austria

there is no possibility of discussing those things from the tribune of a

Parliament. (Continued noise and shouts from the majority parties to

finish the debate.)

ASSEMBLYMAN STROeBEL (Soc.-Dem.): You make yourselves accomplices of

those bloody sentences. (Again continued noise.)

DR. LIEBKNECHT, continuing: In a few months hundreds of years of hard

labor were decreed and also the death sentence which I mentioned before,

and which was pronounced by a military court on account of the poem I

spoke of before. (Lively "Hear, hear!" from the Soc.-Dem. Commotion

among the majority.) One of my party comrades was sentenced to death on

account of a so-called seditious speech.

(A few other sentences of the speech remain unheard on account of the

noise among the majority parties in the House. That closes the debate.

The Budget is approved.)

EDUCATION IN GERMANY DURING WAR

MEETING OF THE PRUSSIAN ASSEMBLY

March 16th, 1916, 11 o'Clock Morning Session

On the Ministerial Bench: V. Trott zu Solz (Minister of Religion

and Education).

The subject of discussion was: The Education and Religion Budget,

and as a special topic: The Higher Schools of Prussia.

Taking part in the discussion: Dr. Karl Liebknecht (Social

Democrat), Wilderman (Centrum), Frhr. v. Zedlitz (Free

Conservative), Minister (Progressive People's Party).

In this discussion Liebknecht exposes the method and system of teaching

in the higher schools of Germany and gives full play to his great

courage. "The ideal _classical education lies in the spirit of

independence and humanity_," he exclaimed. And, addressing himself to

this reactionary parliament, he added: "Your ideal of classical

education is '_the ideal of the bayonet, of the bombshell, of poison gas

and grenades, which are hurled down on peaceful cities, and the ideal of

submarine warfare_.'"

He also proves that an educational system cannot be separated from

social conditions and demands, along with a reform of the entire school

system, particularly that promotion from the primary school to the high

school shall not be considered any longer an act of charity but a right

to be demanded for every able pupil.

His remarks brought out a cyclone of protest. Liebknecht was twice

recalled to the subject and thrice to order, and as the President

inquired of the House after the third call to order if it wished to

listen to the speaker any longer, the entire house, with the exception

of the small group of Social-Democrats, voted that he be denied the

floor. In this way they avoided listening to Liebknecht's indictments.

The Future Belongs to the People · 第 4 / 7 段