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.