1. The offense specified in Section 100 cannot be committed except

there be an intention to incite to hatred and contempt. A contingent

incitement to hatred and contempt, an incitement by inadvertence, is

in this case not conceivable. If such a contingent incitement, an

unintended incitement to hatred and contempt, were conceivable, what

would not the consequences be? We have, all of us, for instance,

recently read certain speeches delivered in the upper house, which

have, we will say, filled me,--and not me alone, Gentlemen, but along

with me a very large part of the nation--with hatred and contempt to

the point of distraction. Does it follow that the public prosecutor

could take action against the speakers in question? He is not

competent to do so, even aside from the political prerogative of the

speakers, for, although such has been the effect of these speeches,

the purpose of these gentlemen was assuredly not to stir up hatred and

contempt. But it is equally true that no one can deny that the purpose

of my address was to impart knowledge. The most that the public

prosecutor can allege is that it was a matter of indifference to me if

the knowledge imparted stirred up hatred and contempt,--an allegation

without significance, since there is no such thing as an incitement to

hatred and contempt by inadvertence.

But, in point of fact, a deliberate incitement of this kind is in the

present case absolutely excluded for another reason, which at the same

time establishes that the address in question could not even have had

the effect of stirring up hatred and contempt. I, therefore, in order

to prevent repetition, beg to present this reason in connection with

the second, viz.: that my address could not have the effect of causing

hatred and contempt.

I have, therefore, to say, as the second count under this head, that

this address cannot possibly have had the effect of stirring up hatred

and contempt, and _a fortiori_ cannot have had that intention.

On what grounds alone can hatred and contempt be deserved?

On the ground of viciousness, which in turn is an attribute of

voluntary human actions alone. But in this address of mine, I show

that the dominance of this principle of the bourgeoisie, against which

I am by the public prosecutor accused of inciting to hatred and

contempt, is but a stage of economic and ethical development, which is

the outcome of historical necessity, and that its nonexistence is an

utter impossibility and that it therefore has all the character of

natural necessity that belongs to the developmental progress of the

earth.

Do we hate Nature because we have to struggle with her? Because we

have to strive to guide her processes and improve her products?

But there is the further question: How has the public prosecutor

understood my pamphlet?

The fundamental idea of my address is that the dominance of the

bourgeoisie has in no wise been produced, consciously and by their own

motion, intentionally and in a responsible manner, by the propertied

class as persons or individuals. On the contrary, the bourgeois are

but the unconscious, choiceless, and therefore irresponsible products,

not the producers of the situation as it stands and as it has

developed under the guidance of quite other laws than the direction of

personal choice. Even their reluctance to surrender this their mastery

I refer back to the laws of human nature, whose character it is to

hold fast to whatever is and to account it necessary. But a doctrine

which goes the length of denying the propertied class all

responsibility for the existing state of things, which makes them a

product instead of the producers of this state of things--this

doctrine the public prosecutor construes to have incited to hatred and

contempt of these persons.

For, be it noted, we have here to do with persons and classes of

persons, under section 100, not with institutions established by the

State, as under section 101.

No workingman has got so faulty an understanding of my address as the

public prosecutor, and I leave it to him to say whether this is due to

his lack of understanding or to his lack of will to understand.

But, more than all this, I go on to show that the dominance of the

idea of the bourgeoisie is a great historic move in the liberation of

humanity; that it was a most potent moral cultural advance; that in

fact it was the historically indispensable prerequisite and

transitional stage through development out of which the idea of the

working class was to emerge.

I therefore must be said to reconcile the working class to the

dominance of the bourgeoisie as an historical fact by showing the

logical necessity of this dominance. I reconcile them to it, for a

comprehension of the rationality of what restricts us is the fullest

possible reconciliation to it.

And if I proceed, further, to show that the idea of the bourgeoisie is

not the highest stage of the historical development, not the perfect

flower of advancing improvement, but that beyond it lies yet a higher

manifestation of the human spirit, and that this ulterior phase rests

on the former as its base--does this mean that I incite to hatred and

contempt of the former?

The working class might as well hate and despise themselves and all

human nature, whether in their own or in their neighbors' persons,

because it is the law of human nature to unfold step by step and to

proceed to each succeeding stage of development from the indispensable

vantage ground of the phase preceding.

If I had any predilection for homiletical discourse, Gentlemen, I

should be quite justified in saying that I have exhorted the working

classes to a filial piety toward the bourgeoisie, in that I have shown

that the dominance of the bourgeoisie was the indispensable

prerequisite and condition by transition out of which alone the idea

of the working class could come forth. For even if the son, by grace

of a freer and fuller education and a larger endowment of personal

force, strives to place himself above the level on which his father

stood, still he never forgets the source of his own blood and the

author of his own being. How deep in the mud is it the intention to

thrust the noblest of all the sciences in bringing this charge of

criminal instigation against the doctrine that history is an unfolding

evolution of reason and human liberty?

It was for long incomprehensible to me how the public prosecutor could

use such words as instigation to hatred and contempt in this

connection. In the end I have been able to explain this fact to myself

only on this one supposition. The public prosecutor must have

endeavored in reading this address, to put himself in the place of a

working man and has then come to feel that he would in such a case be

moved to hatred.

The public prosecutor, then, is sensible that he would hate.

Now, Gentlemen, I might say that this would be attributable to the

peculiarity of his temperament, and that he had no call to generalize

and go beyond that. But I will lend a hand to the public prosecutor in

this perplexity. I will bring the charge against myself in a more

telling form than he has been able to do. I will formulate it as the

facts of the case require that it must be formulated if it is to be

preferred at all. And in so doing, the more pointedly I may be able to

bring to light the essential nature of the charge, the more utterly

shall I annihilate it.

This is what the public prosecutor should have said:

It is true this address held by Lassalle appeals to the intellect of

the auditors, not to their practical impulses or their emotions. It is

accordingly true also that this address does not come within the

sphere of competence of the penal code.

But in a person endowed with the normal complement of human

sensibility, cognition, will and emotion are not so many insulated

pigeonholes which stand in no relation to one another. Whenever the

one compartment is full it flows over into the next. Will and emotion

are servants of the intellect and are controlled by it.

Lassalle, it is true, has not a word to say of hatred and contempt; he

is simply occupied with a theoretical exposition of how certain

arrangements, for instance, the three-class suffrage, is pernicious. I

am unable to confute this teaching. But I have this to say with

respect to the organic unity of human nature, that if the doctrine is

true then it follows that every normally constituted working man must

come to hate and distrust not only these arrangements and institutions

but also those who profit by them.

Such is the logical framework on which this indictment must proceed.

This is the line of argument which avowedly or not, by logical

necessity comes to expression in this indictment.

It is not I, but the public prosecutor speaking from the eminence of

his curule chair, who proclaims to the working classes the awful

doctrine: You must hate and distrust.

It is not for me, it is for the public prosecutor to square himself

with the bourgeoisie.

But what is my answer to the public prosecutor and his indictment

which charges me with his own offense?

My answer is a four-fold one:

In the first place a full recognition of the inadequacy or the

viciousness of a given institution must arouse in any person of normal

sensibility an enduring purpose to change such an institution, if

possible, and the arousing of such an undying purpose in my hearers

has necessarily been the aim of my scientific investigation, as it

necessarily is the end of all scientific work. But such a purpose, so

long as it does not utter itself in an illegal manner, is absolutely

unconstrained by law. The like is true of all effort to arouse such a

purpose, so long as it does not resort to illegal means. But such a

purpose to amend the shortcomings of any established arrangement, is

by no means the same thing as hatred and contempt of the arrangement

in question; since these shortcomings are a matter of historical

growth, of historical necessity; since, indeed, they may even be, in

effect, a factor in the work of liberation, and a factor of the

gravest consequence and of the most beneficial effect for cultural

growth. Further reasons to the like effect have already been recited

and I will not take up your time with their repetition and further

development. Here, then, is the first hiatus in the public

prosecutor's argument.

In the second place, if it actually follows in any given case that

hatred and contempt is, for a normally constituted human being, the

necessary consequence of a scientific knowledge of the facts, such

hatred and contempt could by no means be laid under penalties by the

legislator.

Whatever institution is so vicious that knowledge of it necessarily

excites hatred and contempt, that institution should be hated and

despised.

The legislator lays penalties upon such hatred and contempt as are but

the effects produced by blind emotions and passions. But he has not

imposed penalties upon human reason and the moral constitution of man.

He consequently does not impose penalties upon hatred and contempt

which are the necessary outcome of these two features of human nature.

The public prosecutor construes section 100 to the effect that the

legislator has therein intended to prohibit the use of reason and

proscribe the moral nature of man. But such a purpose has not entered

the thoughts of the law-giver. No court will put such a construction

upon the law as to make the legislator the avowed enemy of

intelligence and science,--and here come into bearing again all the

arguments of my defense directed to Article 20 of the Constitution.

The only meaning of these arguments in this connection is that even if

science and its teaching were not by Article 20 of the Constitution

exempt from the application of the criminal code, still section 100,

except it be construed to intend the utter destruction of human

nature, cannot be leveled against such hatred and contempt as is the

necessary outcome of scientific knowledge.

In the third place, hatred and contempt of a given institutional

arrangement or expedient is by no means the same thing as hatred and

contempt of those persons who profit by the arrangement in question;

whereas section 100 deals only with hatred of persons,--so that we

have here the third break in the public prosecutor's argument, and it

is a veritable _saltomortale_.

In the fourth place I have to present an argument of fact. The

prosecutor's argument presents the most remarkable _quid pro quo_[56]

that has ever come to light in a legal discussion. The point which I

here touch upon constitutes the transition to the second part of my

argument, showing that all proof touching the second condition to be

fulfilled by the indictment is wanting; viz.: that even if there were

ground for speaking of hatred and contempt in this connection, it is

still quite plain that there has been no instigation to hatred or

contempt of those against whom I am charged with having incited to

hatred and contempt.

As to this second part of the indictment: I am accused of instigating

the unpropertied classes to hatred and contempt of the propertied

classes.

"By this presentation," says the indictment, "working men will plainly

be incited to hatred and contempt of the bourgeoisie, that is to say,

the unpropertied classes will be inflamed against the propertied

classes." And after having in this way, quietly and by subreption,

introduced this its definition of the term "_bourgeoisie_," the

indictment goes on to formulate its final charge as follows:

"It is accordingly charged that the above named citizen, F.L., (1),

by his lecture etc., and (2) by publishing the pamphlet containing

this same lecture, has publicly instigated the unpropertied classes

of the State's subjects to hatred and contempt of the propertied

classes."

It is true, in my address I speak of the "_bourgeoisie_." But what is

my definition of this term? It will be sufficient to cite a single

passage which contains the definition of "_bourgeoisie_" as used by me

in this pamphlet. This will show what an incomprehensible, unheard-of,

uncharacterisable _quid pro quo_ the public prosecutor has attempted

to impute to me in charging me with instigating the unpropertied

classes to hatred and contempt of the propertied classes.

On page 20 of this pamphlet is the following passage, quoted

literally:

"I have now reached the point, Gentlemen, where it becomes necessary

that, in order to avoid a possible gross misapprehension of what I

have to say, I explain what I mean by the term 'bourgeoisie' or 'great

bourgeoisie,' as the designation of a political party--that I define

what the word 'bourgeoisie' means in my use of it.

"The word 'bourgeoisie' might be translated into German by the term

_Bürgertum_ (citizenship, or the body of citizens). But that is not the

meaning actually attached to the word. We are all citizens--workingmen,

petty burghers, commercial aristocracy and all the rest alike. On the

other hand the word 'bourgeoisie' has, in the course of historical

development, come to designate a particular political bias and

movement which I will now go on to characterize.

"At the time of the French Revolution, and, indeed, even yet, that entire

body of subjects which is not of noble birth, was roughly divided into

two sub-classes: First the class comprising those persons who, wholly or

chiefly, get their income from their own labor and are without capital,

or are, at the most, possessed of but a moderate capital which affords

them the means of carrying on some employment from which they and their

families derive their subsistence. This class comprises the

workingmen, the lower middle classes (_Kleinbürger_), the citizen

class and also the body of the peasants. The second class is made up

of those persons who have the disposal of a large property, of a large

capital, and who are producers or receivers of income on the basis of

their possession of capital. These latter might be called the great

burghers or commoners, or the capitalist gentry. But such a great

burgher or capitalist gentleman, is not by reason of that fact a

bourgeois. No commoner has any objection to raise because a nobleman

in the bosom of his family finds comfort in his pedigree and in his

lands. But when, on the other hand, this nobleman insists on making

such pedigree or such landed property the basis of a peculiar

importance and prerogative in the State, when he insists on making

them a ground for controlling public policy, then the commoner takes

offense at the nobleman and calls him a feudalist.

"The case is entirely similar as regards the distinctions in respect

of property within the body of commoners.

"That the capitalist gentleman in his chamber takes pleasure in the high

degree of comfort and the great advantage which large wealth confers

upon its possessor,--nothing can be more natural, simpler or more

legitimate than that he should do so."

Incidentally, then, Gentlemen, so far am I in this pamphlet from

instigating the unpropertied classes to hatred and contempt of the

wealthy, that, on the contrary, I expressly declare myself for the

legitimacy of such property. I explicitly declare that the

satisfaction taken in the advantages and amenities which flow from

such wealth are the most natural and legitimate things in the world.

Let me now go on with the definition referred to:

"The workingmen and the lower middle class, that is to say the class

without capital, may be wholly justified in demanding that those by whose

hands all that wealth which is the pride of our civilization is produced,

whose hands have brought forth all these products without which society

could not live for a single day--it may well be demanded that these should

be secured an ample and unfailing income, and thereby be given an

opportunity for some intellectual development, and that they be by this

means put in the way of a truly human manner of life. But, while I

am free to say that the working classes are fairly within their rights in

making these demands of the State, and to stand out stiffly for their

demands as being the essential purpose for which the State exists, yet

the workingman must never allow himself to forget that all property

that has once been acquired and is legally held must be considered lawful

and inviolable."

Such, then, is the manner and degree of my instigation of the

unpropertied class to hatred and distrust that I incontinently preach

to them the inviolability and sacredness of all property acquired by

the wealthy classes, and exhort them to respect it.

But I go on to say:

"In case the man of means is not content with the material amenities

of large wealth, but insists that possession of wealth, of capital, be

made the basis of a control to be exercised over the State, a condition

of participation in the direction of public policy and of the direction

of public affairs, then and only then does the man of means become a

bourgeois; then does he make the fact of property a legal ground of

political power; then does he stand forth as representative of a

privileged class aiming to put the imprint of its prerogative upon all

social features and institutions, just as truly as the nobility of the

Middle Ages did with respect to the basis of their privilege, landed

property."

Accordingly, in my use of the term, as I have explicitly and

painstakingly defined it, the man of means, the man of the

upper-middle class, is a _bourgeois_ in case he proceeds to set up the

essentially harmless and inoffensive fact of his large property as a

legal condition of participation in the direction of public affairs;

in short, when he proceeds to set up the ownership of capital as a

legal and political prerogative, and so abolishes the equality of the

propertied and the unpropertied classes before the law, and thereby

infringes upon the liberty and further growth of the people, in the

interest of accumulated wealth and continued upper-class mastery. Only

under these circumstances, as I particularly point out, does the

_bourgeoisie_ become a privileged class, which it otherwise, in spite

of all inequality of wealth, is not.

In my pamphlet I point out how all this has its effect through the

census rating whereby admission to a share in the direction of public

policy, through eligibility to any legislative body, is so limited by

property qualifications as to make the possession of capital a

prerequisite. I point out further that this effect follows equally

whether the property qualification is open and above-board or

under-hand, and finally that the existing three-class system of

elections, dating back to 1849, amounts to such an under-hand,

disguised property rating.

The point at which the pamphlet strikes, therefore, albeit in a purely

theoretical way, is the three-class system of elections. It makes no

attack upon the propertied classes, whose accumulated wealth, on the

contrary, I am repeatedly at pains to define as wholly incontestable,

inoffensive, inviolable and perfectly lawful.

This three-class system of elections is one of our political

institutions.

Now, this being the case, why has not the public prosecutor indicted

me under section 101 of the criminal code, "for having exposed the

measures of the State to hatred and to contempt?" To be sure, if the

prosecutor had chosen to make this charge, I should have known how to

answer him. To go into this matter today would be superfluous,

for I am not accused of this offense, and my defense would be drawn

out endlessly if I were to defend myself against charges that have

never been brought against me.

But why, among all impossible charges, does the public prosecutor

choose to bring precisely the most impossible? Why does he make this

substitution as to the point of my attack? I point out that the

three-class system of elections is an injustice because it makes an

essentially innocent difference in wealth a legal qualification for

participation in the direction of public affairs; whereupon this

envenomed accusation is brought against me that I have instigated the

unpropertied classes to hatred and contempt of the propertied.

Is there, then, no remedy, Gentlemen, against such a public defamation

of one's name and fame?

Can we say that among us the introduction, of the three-class system

of elections is to be laid at the door of the propertied classes or

the commonalty? Something of that kind might be said of the French

_bourgeoisie_. In France the property qualification and rating was

introduced as long ago as the revolutionary _Assemblée Constituante_.

But the like has not been done by the German.

When the Prussian bourgeoisie came into power through the March

revolution of 1848 it introduced universal and equal suffrage by the

law of the 8th of April, 1848. The German bourgeoisie at St. Paul's

Church, Frankfort, enacted universal equal suffrage.

The three-class system of elections which we now have, was arbitrarily

imposed, imposed by the government.

Now, why does the public prosecutor shelter the government behind the

backs of the Prussian _bourgeoisie? A tout seigneur tout honneur_![57]

It is the Prussian government, not the propertied classes, that must

for all time and in the eyes of all people bear the responsibility of

this arbitrarily imposed three-class system of elections.

But, whatever may have been the reasons which decided the public

prosecutor to make this very singular substitution of grievances in

his indictment--and we may perhaps presently come to find out what his

reasons were--at any rate, this second ground of the indictment also

fails. There has been no incitement against the propertied classes of

the community; there has been no instigation against those against

whom I am accused of instigating to hatred and contempt.

The third ground on which the indictment is brought, the charge of

having endangered the public peace, fails likewise.

As to this third count:

Section 100 says: "Any person who endangers the public peace by

publicly inciting the subjects of the State to hatred or to contempt

of one another is to be punished."

Now, when the State speaks of the public peace it cannot be taken to

mean peace of mind, for the State is not a pietistic overseer

concerned about the subjects' peace of mind and the general sphere of

spiritual edification. What it looks to is the peace of the streets.

This is made quite plain by the phrase, "public peace."

The German Classics of the Nineteenth and Twentieth Centuries, Volume 10 Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle · 第 38 / 42 段