Despite the rousing words of Wilson about a war "to end all wars" and "to make the world safe for democracy," Americans did not rush to enlist. A million men were needed, hut in the first six weeks after the declaration of war only 73,000 volunteered. Congress voted overwhelmingly for a draft.
George Creel, a veteran newspaperman, became the government's official propagandist for the war; he set up a Committee on Public Information to persuade Americans the war was right. It sponsored 75,000 speakers, who gave 750,000 four-minute speeches in five thousand American cities and towns. It was a massive effort to excite a reluctant public. At the beginning of 1917, a member of the National Civic Federation had complained that "neither workingmen nor farmers" were taking "any part or interest in the efforts of the security or defense leagues or other movements for national preparedness."
The day after Congress declared war, the Socialist party met in emergency convention in St. Louis and called the declaration "a crime against the people of the United States." In the summer of 1917, Socialist antiwar meetings in Minnesota drew large crowds—five thousand, ten thousand, twenty thousand farmers—protesting the war, the draft, profiteering. A local newspaper in Wisconsin, the Plymouth Review, said that probably no party ever gained more rapidly in strength than the Socialist party just at the present time." It reported that "thousands assemble to hear Socialist speakers in places where ordinarily a few hundred are considered large assemblages." The Akron Beacon-Journal, a conservative newspaper in Ohio, said there was "scarcely a political observer ... but what will admit that were an election to come now a mighty tide of social-
WAR IS 1'HE HEALTH OF TITF. STATE
ism would inundate the Middle West." It said the country had "never embarked upon a more unpopular war."
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. fit turned out to be one
3 66
A PEOPLE'S HISTORY OF THE UNITED STATES
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:
The most stringent protection of free speech would not protect a man in
falsely shouting fire in a theatre and causing a panic. ... The question in every case is whether the words used -.ire used in such circumstances and are of such ;i nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
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 insider
Perhaps tree 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 [unsuccessfullyl 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
WAR IS THE HEALTH OF THE STATE
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. 1 have no earthly use for the Junkers oF Germany, and not one particle more use tor the Junkers in the United States." (Thunderous applause and cheers.)
They tell us that we live in a great tree republic; that our institutions are democratic; that we are a tree and self-govern ing; people. That is too much, even for a joke.. . .
Wars throughout history have been waged for conquest am! plunder. . . -And that is war in a nutshell. The master class has always declared the wars; the subject class has always fought the battles. . ..
Debs was arrested for violating the Espionage Act. Their were ilnirr-age youths in his audience, and hi
s words would "obstruct the ivxruiting or enlistment service."
His words were intended to do much more limn that:
Yes, in good time we are going to sweep into power in ibis nation and throughout the world. We are going to destroy all enslaving anil degrading capitalist institutions and re-create them as free and humanizing institutions. The world is daily changing before our eyes. The sun of capitalism is setting; the sun of Socialism is rising.... In due time the hour will strike and this great cause triumphant... will proclaim the emancipation of the working class and the brotherhood of all mankind. (Thunderous and prolonged applause.)
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:
T have been accused of obstructing the war. 1 admit it. Gentlemen, 1 abhor war. I would oppose war if I stood alone.... I have sympathy with the snf-
A PEOPLE'S HISTORY OF THE UNITED STATFS
fering, struggling people everywhere. Tt docs not make any difference under what flag they were born, or where they live. . . .
The jury found him guilty of violating the Espionage Act. Debs addressed the judge before sentencing:
Your honor, years ago I recognized my kinship witii all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, T am in it; while there is a criminal element, I am of it; while mere is a soul in prison, 1 am not free.
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 Wendcll 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
WAR rs THE HEAT.TH OF THE STATE
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 mails are supposed to be sacred. ... But let us call the American Protective League sometimes almost clairvoyant as to letters done by suspects. . .. Tt is supposed that breaking and entering a man's home or office place without warrant is burglary. Granted. But the League has done that thousands of dines and has never been detected!
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."
37°
A PEOPLE'S HISTORY OF THE UNITED STATES
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. Tn 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 fanners -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 Com 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:
IS THIS A POPULAR WAR, WHY CONSCRIPTION? WHO STOLE PANAMA? WHO CRUSHED HAITI? WE DEMAND PEACE.
The New York Call said eight thousand people marched, including "4000 members of the Central Labor Union, 2000 members of the Lettish Socialist Organizations, 1500 Lithuanians, Jewish members of cloak trades, and other branches of the party." The parade was attacked by soldiers and sailors, on orders from their officers.
The Post Office Department began taking away the mailing privileges of newspapers and magazines that printed antiwar articles. The Musses, a socialist magazine of politics, literature, and art, was banned from the mails. It had carried an editorial by Max Eastm
an in the summer of 1917, saying, among other things: "For what specific purposes
WAR IS THE HEALTH OF THE STATE
are you shipping our bodies, and the bodies of our sons, to Europe? For my part, J do not recognize the right of a government to draft me to a war whose purposes I do not believe in."
In Los Angeles, a film was shown that dealt with the American Revolution and depicted British atrocities against the colonists. It was called The Spirit of '76. The man who made the film was prosecuted under the Espionage Act because, the judge said, the film tended "to question the good faith of our ally, Great Britain," He was sentenced to ten years in prison. The case was officially listed as U.S. v. Spirit of '7(5.
In a small town in South Dakota, a fanner and socialist named Fred Fairchild, during an argument about the war, said, according to his accusers: "If I were of conscription age and had no dependents and were drafted, I would refuse to serve. They could shoot me, but they could not make me fight." He was tried under the Espionage Act, sentenced to a year and a day at Leavenworth penitentiary. And so it went, multiplied two thousand times (the number of prosecutions under the Espionage Act).
About 65,000 men declared themselves conscientious objectors and asked for noncombatant service. At the army bases where they worked, they were often treated with sadistic brutality. Three men who were jailed at Fort Riley, Kansas, for refusing to perform any military duties, combatant or noncombatant, were taken one by one into the corridor and:
... a hemp rope slung over the railing of the upper tier was put about their necks, hoisting them off dieir feet until they were at the point of collapse. Meanwhile the officers punched diem on their ankles and shins. They were then lowered and the rope was tied to their arms, and again they were hoisted off their feet. This time a garden hose was played on their faces with a nozzle about six inches from them, until they collapsed completely... .