Dr. Rosa Luxemburg, with whom the following speech of Dr. Liebknecht deals, was tried in 1914 because at a public meeting she attacked militarism and the tragedies which were happening in the German barracks: brutal treatments, abuses and suicides of German soldiers. At her trial nine hundred and twenty-two men from all parts of Germany were ready to testify to something like thirty thousand separate instances of brutal treatment of soldiers.
Dr. Rosa Luxemburg was born in Russian Poland, of Jewish parents, and studied in Switzerland. She went later to Germany in order to become active in Social-Democratic propaganda. Being a foreigner, she would have been immediately exiled by the authorities, had she not married a Mr. Luxemburg—with whom she never lived—and in that way became a German citizen.
Dr. Rosa Luxemburg, or "Die Rote Rosa" (The Red Rose) as the Junkers call her, is one of the very brilliant speakers of the Social-Democratic Party of Germany and very few in the party equal her in debate. She has written various books on scientific socialism.
Assembly Session, March 9, 1915.
Third reading of the Budget for the fiscal year 1915, with the proposed law regarding the determination of the budget, with a special chapter in reference to the administration of justice. Taking part in the discussion of this special chapter, Dr. K. Liebknecht, Minister of Justice Dr. Beseler and v. Pappenheim (Conservative), who by his motion that the discussion on this chapter should be closed, made it impossible for Liebknecht to answer the Secretary of Justice.
Dr. Liebknecht: Gentlemen, a few days ago, continuing an old tradition of this house, which remained true to itself, even in this respect, you deprived me of the floor; to-day you will have to endure what I shall tell you,—what I really think.
As is known to you, my party friend, Rosa Luxemburg, was condemned to one year in prison for an alleged appeal to the soldiers for insubordination. This decision was approved a few months ago by the Supreme Court. In January of this year the execution of the sentence was postponed until March 31st on account of her illness. She spent a few weeks in a hospital at Schöneberg and was dismissed from it not cured, on condition that she follow a certain course of treatment. On February 18th she was suddenly arrested at Südende by two officers of the Criminal Department, brought to the Berlin Police Department, and then to Division 7, that is, to the political division, and not to the criminal division. Thence she was transported in the green wagon, together with common criminals, to the women's prison in the Barminstrasse, for the fulfillment of her one year's prison sentence.
This incident unmasks with the precision of physical experiment the real nature of the so-called Burgfrieden (civil truce). ("Very true.") Because this fundamentally political, this party political sentence is executed now, we do not complain. Let those complain who believe in the civil truce. (Stroebel, "Very true.") I know that my friend Luxemburg will see in the execution of this sentence a proof that she has fulfilled her duty, even in these times, of working for the interest of the people in the socialistic way. But gentlemen, this is remarkable, and this fact I wish most to emphasize—she was arrested for the execution of the sentence, in spite of the fact that the execution of the sentence was postponed until March 31, without giving her an opportunity voluntarily to begin her term after the authorities thought that the reasons for the postponement of the execution of the sentence did not exist any longer. She was taken away without being given an opportunity voluntarily to begin her sentence. The method of this execution is open to much criticism. This transportation in the green wagon and the details which I have just mentioned deserve the severest reproach against those officials who are responsible for this action. ("Very true" by the Soc.-Dem.)
Of special political significance is the reason for this execution. The Deutsche Tageszeitung brought out a notice, even before there appeared any communication in our party press, of the arrest of my party friend, which was surely inspired, and probably originated from a well-informed source, and in which it was said in unmistakable language, that this trial was started because Madame Dr. Luxemburg arranged political meetings ("Hear, hear!" from the Socialists), because she was active politically ("Hear, hear!" from the Soc.-Dem.). Surely the arrest was not really a military measure, surely it was an execution of a sentence; but the means described were used, and put in execution from motives which put on it the seal of partisan political persecution in the most objectionable form. Very remarkable it is, as I know, that this happened after the Berlin secret police told the Commander of the Province of the appearance of Madame Luxemburg at a few meetings. ("Hear, hear!" from the Soc.-Dem.) The Commander in the Province, as the highest military authority in the province of Brandenburg, advised the District Attorney, who is in these days subordinate to him, to begin action against Madame Luxemburg, to begin action against her on account of holding meetings, on account of her political activity. ("Hear, hear!" from the Soc.-Dem.)
Now let me give an illustration of how promptly the espionage system, which was in this case at the service of the Justice officials and so in confidential coöperation with the military dictatorship, functions. On February 10th, Madame Luxemburg spoke at a party meeting in Charlottenburg. On the 13th of February the order was given at Frankfort-on-the-Main to arrest her. During this interval of three days, or rather of two days, because the meeting took place on the evening of February 10th, the spy who must have been present at the meeting (and in whose behalf, as an officer of the Department of Justice, you will now approve the Budget), reported the meeting to the Police Headquarters, which reported to the Supreme Command, and from the Supreme Command the report was forwarded to Frankfort-on-the-Main, from which the order for arrest was given. So promptly does the machinery of the Prussian State function for the political suppression of the people, even in these days of the party truce. In this field the mechanism of the Prussian State did prove itself remarkable.
It should not be said that Madame Dr. Luxemburg was arrested because after she held meetings she could not be located. Gentlemen, I know that only by using all her strength, ill as she was, could she fulfill her duty to the interests of the German people, to the interests of the entire international proletariat. But, gentlemen, who wants to make us believe that this action was taken without any connection with what she did? ("Very true," from the Soc.-Dem.) The political aspect of what she said was the determining factor for the authorities which "do not recognize parties any longer." If she had only joined in buying the usual market commodity labeled "Patriotism," then not only would she have been spared from this remarkable attack but probably amnesty would have been forced upon her. ("Very true," from the Soc.-Dem.) But, gentlemen, she tried by summoning all her strength, to act in the proletarian and socialistic cause against the frenzied slaughter of peoples. This does not suit the dominant power, and that is why the arrest took place.
But the worst feature is that it was not sufficient to arrest my friend Luxemburg in this way, but that they also tried to stigmatize her honor by stating that she had shown intentions of flight.
Gentlemen, Madame Dr. Luxemburg wanted to travel to a friend in Holland, and for this purpose she asked for a foreign passport from the police in her district, who were naturally informed about her sentence, and then she addressed herself to the Berlin police headquarters, also well informed about her sentence, before the permission for a passport could be had; as suspicion was aroused at the Berlin police headquarters, she addressed herself, one day before she was arrested, with my help, to the District Attorney of Frankfort-on-the-Main,—the official who was to have executed the sentence, and had asked from him permission to take the trip to Holland. The order to make this motion to the District Attorney was given to her lawyer in Frankfort on the afternoon of February 17th. Gentlemen, I do not need to tell you that a woman such as Madame Dr. Luxemburg does not belong to the class who try to escape from a sentence,—that a woman such as Madame Dr. Luxemburg is brave enough to look her enemies in the eye and would not think of leaving Germany in times like these, where there is being waged such an important part of the struggle against international reaction,—against imperialism. It is necessary to be a real Prussian police spirit in order not to understand that.
Considering the facts of which I just spoke, considering the possibilities of passing the frontier in these times without the will of the authorities, the talk about escaping can be characterized only as an attempt to stigmatize the honor of this really persecuted woman, exactly after the Russian method, which is not satisfied to punish politically disagreeable subjects, but tries also to insult their honor as much as possible. In fact, it happened that the military authorities arranged that Madame Luxemburg should not be able to be active outside of Germany in a manner not to the liking of the German ruling powers. Why don't you say so openly and honestly, instead of hiding behind such obscure phrases? Just as we have only one counterpart for your denial of the suffrage reform, for the continuance of the exceptional laws, for your refusal of any interior reform, namely the political ignorance and animosity against the people of the Government of the Czar, so this action against my friend Luxemburg is a counterpart to the arrest of the Russian Duma Deputies, our admired and excellent friends in the struggle for the freedom of the people and for the restoration of the peoples' peace, trying in common with us to serve,—each in his own country,—in universal opposition against its own government, for the benefit of its own people and the good of the other people, the good of the international proletariat, the good of humanity. And so sure as it is that the arrest of the Duma deputies in Russia opened the eyes of hundreds of thousands of blind ones, so sure are we that the action against our comrade Luxemburg will awaken many a dreamer ("Very true" from Soc.-Dem.), and that they will demand a struggle for a free Prussia and a struggle for the ending of the mass murder of the people. ("Bravo!" from the Soc.-Dem.)
On March 23, 1915, Liebknecht was ordered to place himself at the disposal of the German military authorities.
From this day on he was under military law as a member of a Landsturm regiment.
Beginning with August 20, 1915, Liebknecht began putting his questions in the Reichstag which so much embarrassed the German Government.
In England this form of parliamentary control of the Government is very common. In Germany this form is very seldom used. The possibility of putting supplementary questions gives this method a particularly great usefulness where there is so little parliamentary criticism as in Germany.
Reichstag Meeting, Aug. 20, 1915, 2 P. M.
At the table of the Federal Government are present: Ministers Delbrück, Helfferich, and Lisco.
The first order of business is a question by Dr. Karl Liebknecht.
Dr. Karl Liebknecht: (reads his question amid great commotion in the House) "Is the Government, in case of corresponding readiness of the other belligerents, ready, on the basis of the renunciation of annexations of every kind, to enter into immediate peace negotiations?"
Secretary of State v. Jagow: "I believe I shall meet the wishes of the great majority of the House if I decline to answer the question of the member, Dr. Liebknecht, at the present time as inopportune." (Great applause, especially at the right side of the House.)
Dr. K. Liebknecht: "That is concealing the capitalistic policy of conquest (great uproar). The answer of the Secretary of State is a confession of a policy of annexation (repeated great uproar). The people want peace" (continual uproar and laughter).
Reichstag Meeting, Dec. 15, 1915
The energy which Liebknecht displayed at this meeting was remarkable considering that he had not completely recovered from the injury which he had received in October, 1915, at the front.
Twenty-third meeting of the Reichstag, Dec. 14,1915, 2 P. M.
Present at the Federal Council table: Ministers v. Jagow and Helfferich.
The first point on the order of the day—Questions by Dr. K. Liebknecht (Soc.-Dem.).
Dr. K. Liebknecht:
First Question
(I-a) Is the Government prepared, if the other belligerents are also ready and prepared, to enter peace negotiations on the basis of the renunciation of annexations? This question I withdraw since on Thursday, Dec. 9, 1915 (Liebknecht refers here to Bethman-Hollweg's speech in the Reichstag on Dec. 9, 1915, in which the Imperial Chancellor answered the majority Socialist's peace interpellation. S. Z.), the Imperial Chancellor answered this question in the negative. The Government wants a war of conquest, not peace!
(I-b) On what other basis is the Government ready to enter immediately upon peace negotiations?
(Foreign Minister von Jagow by mistake begins to read the answer to another question (laughter).) Then the following answer is given to question I-b:
In view of the debate of the 9th of December I decline to answer this question.
Dr. K. Liebknecht asks the floor for a supplementary question: What will be the attitude of the Government towards peace proposals from neutral countries as asked now by the Social-Democrats of Switzerland through the Swiss Government.... (Great commotion.)
President Dr. Kaempf: This is not a supplementary question. It is ruled out of order.
Dr. K. Liebknecht reads his
Second Question
II. Is the Government ready to lay before the nation the official documents and semi-official documents relating to the secret negotiations which preceded the declaration of war, especially
(a) The diplomatic history of the Austrian Ultimatum to Serbia of July 23, 1914, including the official and semi-official negotiations between the German and Austrian Governments after the crime of Sarajevo?
(b) The history of the German entry into Luxemburg and Belgium?
(c) Is the Government ready to create as soon as possible a parliamentary commission for the examination of these documents and reveal the responsible parties?
Foreign Minister von Jagow: The available material about the origin of the war has been published already. The Government intends to publish other important documents relating to diplomatic negotiation, in so far as they appear to be necessary for the enlightenment of public opinion (my italics, S. Z.), but refuses to set up a parliamentary committee dealing with the examination of these documents. The parties responsible are our enemies.
Dr. K. Liebknecht asks the floor for a supplementary question (great merriment): Is the Government ready to lay immediately before us the entire official documentary material dealing with the war?
Foreign Minister von Jagow: I have nothing to add to my answer.
Dr. K. Liebknecht: A supplementary question (great merriment). Is it known to the Imperial Chancellor that according to a remark made on Dec. 5, 1914, by the former neutral Italian Prime Minister Giolitti, Austria planned as early as 1913 an attack against Serbia (Italics S. Z.) (Great indignation and shouts.)
President Dr. Kaempf: This is a new question. We will proceed to your next question.
Dr. K. Liebknecht: According to paragraph 31 of our order of business I have asked the floor to supplement my former question.
President Dr. Kaempf: You have already asked two supplementary questions.
Dr. K. Liebknecht: The order of business does not limit me to any definite number. Amid great commotion in the House Dr. Liebknecht reads another supplementary question: "Why did the Imperial Chancellor conceal from the Reichstag earlier and at the meeting of August 4, 1914, the Belgium Ultimatum?"
President Dr. Kaempf: This also is not a supplementary question, but a new question. Do you have another supplementary question? Now we come to your next question.
Third Question
III (a) Is it known to the Government that the mass of German people demand for themselves the right to decide about the external policy of Germany, that they demand abolition of secret diplomacy in favor of permanent public control of foreign policy and its general democratization? (Italics, S. Z.)
(b) Is the Government prepared to bring in the course of the present session of the Reichstag a bill which will fulfill the demand above mentioned and submit the decisions on questions of war and peace to the people's representatives?
Minister of Exterior v. Jagow: The Government is not willing (Italics, S. Z.) to correspond with the wishes of Dr. Liebknecht and to propose such a change in the Constitution. With this answer the rest of the question is also answered.
Fourth Question
Does the Government know in what economic distress the masses of the German people labor on account of the war and on account of the desire in capitalistic circles for profits and the impotence of the Government in dealing with the situation? Is the Government now ready to check this economic distress by improving the general welfare without further delay and by putting aside all special interests, and taking the necessary steps to provide for the population the necessary means of living (food, clothing, shelter, heat and light); especially by regulating production according to the general welfare? And by commandeering products and by the uniform distribution of foodstuffs in such a way that the needy may get sufficient food free or at low cost?
Minister Director Dr. Lewald: The Imperial Chancellor declines to answer the question.
Dr. K. Liebknecht: A supplementary question (great merriment). Does the Government recognize that according to experiments up to this time general commandeering of products....
President Dr. Kaempf: This is not a supplementary question but a new question.
Dr. K. Liebknecht: I ask the floor for another supplementary question (great commotion and merriment). Will the Government put into operation as soon as possible the decisions of the Budget Commission in line with these demands?
Minister Director Lewald: In the name of the Imperial Chancellor I refuse to answer this supplementary question.
Fifth Question
(a) What meaning does the Government ascribe to the expression "new internal political orientation?" (Neuorientierung der inneren Politik.)
(b) Does the Government have a concrete program concerning this new internal political orientation?
(c) What is this program in detail?
(d) When does the Government intend to effect this program?
(e) Does the Government intend during the present session or later to introduce the reforms necessary to the democratization of the constitution, democratization of the legislative powers and democratization of the administration of the German Empire and the states which compose the Empire? Particularly will the Government reform the franchise laws governing the legislative and administrative bodies and democratization of the constitution of the army?
Minister Director Lewald: The Imperial Chancellor refuses to answer this question also.
Dr. K. Liebknecht: A supplementary question. (Great commotion.) What is the stand of the Government on the Prussian Franchise Reform? (Great merriment at the right side of the House.) This is a question which is of importance to the entire German people. That is the way Government and Reichstag treat with the life and death problems of the German people. The people will know now where they stand! (Continued commotion.)
President Dr. Kaempf: This is not a supplementary question, but a new question. With that we are finished with the short questions.
Reichstag meeting January 11, 1916, 2 P. M. At the table of the Federal Council are present: Ministers Helfferich and Delbrück.
The first order of business: Questions by Member Dr. K. Liebknecht.
Dr. K. Liebknecht reads his first question:
"Is it known to the Imperial Chancellor that during the present war in the United Turkish Empire the Armenian people were driven from their homes and slaughtered by the hundred thousands? What negotiations has the Imperial Chancellor undertaken with the United Turkish Government in order to bring about the necessary punishment, to alleviate the situation of the rest of the Armenian population in Turkey and to make the repetition of such horrors impossible?
To answer this question the floor is given to:
Privy Council Frhr. v. Stumm: It is known to the Imperial Chancellor that inflammatory demonstrations took place in Armenia on account of which the Turkish Government was forced to deport the Armenian population of certain districts and to assign them new living places. About the reaction on the population taking place on account of these measures an exchange of ideas between us and the Turkish Government is now occurring. More details cannot be communicated.
Dr. K. Liebknecht: A supplementary question. Is it known to the Imperial Chancellor that Professor Lepsius spoke of an absolute extermination of the Armenians and that for these horrors the Christian population of Turkey considers the German Government responsible?
At this point great uproar broke out in the House and made it impossible for Dr. Liebknecht to finish his questions.
Shouts from the House: This is a new question! Finish!
President Dr. Kaempf: This is a new question for which I cannot give the floor.
Dr. K. Liebknecht: Mr. President, before you have heard the whole question, you are not in a position to judge (laughter in the House) if it is a new question or not. At any rate I wish to assert that the President reached this conclusion that it is a new question not from his own impulses (shouts in the House: Oho!) but because from parts of the House it was called to his attention.
President Dr. Kaempf: I ask you not to criticize the way I preside (applause). We come now to the following question:
Dr. K. Liebknecht: Will the Government be ready very soon to place before the Reichstag for action data concerning the situation of the population in the territory occupied by Germany? Further data concerning the measures taken for the people in the occupied territory, concerning the means of living, (food, clothing, shelter), concerning their health condition, their rights, their numbers? Then data concerning the kind and reason of the punishments decreed and reprisal measures taken against the people in this territory by the German authorities, the number of people executed, military requisitions of property and methods followed in such operations? And the extent of the contributions levied upon them, especially on the Belgian people?"
To answer these questions the floor is given to:
Minister Director Lewald: The Imperial Chancellor declines to put before the Reichstag the material desired by Dr. Liebknecht. But he will give information about the activities of the civil authorities in the occupied territory on the request of the committee of the Reichstag.
Dr. K. Liebknecht: A supplementary question. How many places and buildings were destroyed by the German authorities since the beginning of the war for the purpose of reprisal—how many persons were arrested and killed for the same purpose?
President Dr. Kaempf: This is a new question. It is ruled out of order.
Dr. K. Liebknecht reads the third question: Is the Government ready to lay before the Reichstag without delay material concerning
(a) Measures taken by the German military and civic authorities on the basis of the state of martial law for the suppression of the right of assemblage and of personal liberty (prohibiting meetings, dissolving societies, interference in private correspondence, arrests, searching of homes, etc.), particularly the number of those put in military and police (cachot) arrest without trial, during the war? Also the reason for and length of these arrests?
(b) The number, extent and causes of punishments inflicted during the war upon members of the army and also the number of convicts in the military prisons since the beginning of the war?
Minister Director Lewald: The Imperial Chancellor declines to put before the Reichstag the material asked by Dr. Liebknecht. (Dr. Liebknecht shouts: That also is very characteristic.)
President Dr. Kaempf: This word of Dr. Liebknecht is ruled out of order as not permissible.
Dr. K. Liebknecht: A supplementary question. Does the Imperial Chancellor know that in Germany the Military Authorities and Police Authorities have established nearly everywhere dark chambers (laughter), in which places the correspondence of people who are politically disagreeable, among whom are Deputies of the Reichstag or Assembly, is opened secretly?... (Great uproar. The bell of the President!)
Dr. K. Liebknecht: I wish to protest against this autocratic suppression of the order of business by the President and Reichstag.
This finishes Liebknecht's questions.
On January 13, 1916, by a vote of sixty to twenty-five, the Socialist Central Committee expelled Dr. Karl Liebknecht from membership in the Socialist Party for continuous "gross infractions of party discipline." The majority Social-Democrats took that measure against Liebknecht for having greatly embarrassed the Government with his questions two days before in the Reichstag.
January 19, 1916
Liebknecht was unable to obtain the floor at the general discussion. In a personal remark after the discussion was closed he made the following characteristic remarks:
"Repeatedly members of this House told me that I work in the service of the enemy, that I am a traitor. ("Very true," from the left side of the House.) I wish to answer this by saying that I prefer being insulted by you as a traitor or anything else, to being praised for speaking according to your taste, as some members of the Social-Democratic group of this House have done lately (merriment). Gentlemen, by your attitude you show me that you wish to suppress truth and right."
Twentieth Meeting of the Assembly, Friday, March 3, 1916, 11 o'clock morning session.
On the Ministerial Bench: Freiherr v. Schorlemer, v. Loebell and Beseler.
The order of the day: Continuation of the discussion on second reading of the budget of the Department of Justice.
Taking part in the discussion: Assemblymen: Delbrück (Conservative), Reinhard (Centrum), Minister of Justice Beseler, Assemblymen Liepmann (National Liberal), Kanzow (Progressive Peoples Party), Nissen (Dane), v. Trampczynski (Pole) and Dr. K. Liebknecht.
Dr. K. Liebknecht: It must be regretted that we have no statistics concerning certain social phenomena which mirror justice under war conditions of to-day. Thus there are lacking statistics of the number of bankrupts, whose places of business could not be opened on account of lack of actual supplies; statistics concerning evictions; concerning suits against stores which sell on credit; statistics concerning firms which have gone out of business and statistics concerning business events and corporations registrations, from which it might have been possible to see to what colossal degree small concerns have been ruined by the war. There is no information concerning the shiftings on the real-estate market; concerning new societies formed specially for the purpose of exacting high interest from the people. Again, we have no accurate information as to what proportion of existing societies increased their capital,—some of whose increases went high into the millions. ("Hear, hear!" from the Soc.-Dem.) Statistics of the war measures would show that they are nothing but patchwork, and that economic war-damages can be prevented only when we strike at the root of capitalism. The war-necessity measures are sufficient only to prevent the population from resorting, as best they can, against frightful economic injuries. ("Very true!" from the Soc.-Dem.) Such statistics would give us an X-ray of the terrific injury and destruction which the war has caused and continually causes the economic body of capitalism; an X-ray picture of the capitalistic elephantiasis which the war has brought into being (laughter from the right side of the House) in most branches of big business, and a picture of the tearing apart of the middle class and the accelerated proletarization of the masses. ("Very true!" from the Soc.-Dem.) Such a picture would show us the truth of the well-known phrase: "Socialism whither we are tending." The extent of crime is not indicated, only by cases brought to court. There exists to-day surely a greater divergence than ever before between real criminality and that brought before justice. With reference to the crimes which come to justice statistics are lacking, and apart from that, the accused is kept secretly hidden from the population, first by the tendency, increasing more and more, to exclude the public from trials and then by the censor,—which makes it impossible for the public to get a clear picture of criminal justice. Thus the Vorwärts is forbidden to report without permission of the censor anything concerning arrests made ("Hear, hear!" by the Soc.-Dem.). To report political matters which could cause excitement is absolutely forbidden to the Vorwärts. Thus a while ago the Vorwärts could not write a syllable of the imminent discharge from prison of Madame Dr. Rosa Luxemburg ("Hear, hear!" from the Soc.-Dem.), and could only, later on, report the resulting discharge. It seems that the authorities were conscious of the fact that the announcement of her imminent discharge would bring out a great mass of the population to express their sympathies for Madame Dr. Luxemburg. In spite of the prohibiting order of the censor there were, as is known, a great number of men and women who received and welcomed Madame Luxemburg. Further it was reported that March 22nd was the date fixed for the trial against the Internationale magazine (Rosa Luxemburg and Franz Mehring endeavored to publish in Germany a Socialist monthly under the title of The International, to voice the views of the Anti-War section of the German Social-Democratic Party. The magazine was suppressed and the editors jailed. S. Z.), in which Rosa Luxemburg, Clara Zetkin and Franz Mehring were accused. Of that also the Vorwärts could not mention a single syllable. ("Hear, hear!" from the Soc.-Dem.)
Furthermore, it has become a rule of the censor that no report is permitted of trials which refer in any way to peace demonstrations and to riots on account of lack of food, so that the population shall not get an idea in what numbers such trials are taking place. Statistics in regard to sentences imposed on account of frauds involving military supplies would be important,—which are happening very often; statistics in regard to sentences on account of bribery in order to obtain contracts for military supplies, offenses which flourished especially at the beginning of the war. Of great value would be statistics in regard to cases in which the state interfered on account of furnishing war material to enemy states. As you know, in the period of the war, a semi-official warning was issued against the inclination in big business circles even during the war to furnish the enemy war material in a roundabout way through the neutral states. ("Hear, hear!" from the Soc.-Dem.) The official notification accentuated the fact that this roundabout subterfuge through neutral countries is so plain that there cannot be any doubt that the capitalistic circles concerned were entirely conscious of the far-reaching effect of their action. ("Hear, hear!" from the Soc.-Dem.) A very noted senator in Lübeck (Lübeck is one of three German Republics, S. Z.), for instance, has been for a long time under arrest for treason, because he put his Swedish copper mines at the disposition of the Russians. ("Hear, hear!" from the Soc.-Dem.) These cases must have increased, otherwise the official warning would be unexplainable. You know how international business is related, especially Big Business. The kinship exists, even if in changed form, and naturally continues even now. You know that this kinship, especially in the field of the armament industry,—(bell of the President).
Assemblyman Adolf Hoffman: "Now comes the holy of holies!"
Vice-President Dr. Krause: "I cannot see what that has to do with the administration of justice and its responsibilities. We cannot now go into a discussion of the censor and the capitalistic mischief, as you call it."
Dr. K. Liebknecht: I demand statistics which will show in how many cases indictments were brought on account of such offenses. When in this connection I point out the international kinship of capitalism, in war contracts supplying German cannons to foreign countries, I believe I am speaking to the point which is now open for discussion. In reality German soldiers were shot by Krupp cannon which were furnished to foreign countries. (Most of the Belgium cannons were Krupp cannons. S. Z.) (Lively "Hear, hear!" from the Soc.-Dem.)
Vice-President Dr. Krause: "The connection of this with the Department of Justice is difficult for any logically-thinking man to find. I call you to the question." ("Bravo!" at the right side of the House.)
Assemblyman Dr. Liebknecht: We are also without comprehensive statistics in regard to the inmates of our prisons. We obtained in Committee only a few communications, according to which the number of inmates of the prisons of the Department of Justice had diminished, in so far as the men are concerned, but the number of sentences imposed on women increased. ("Hear, hear!" from the Soc.-Dem.) Later it was communicated to us that in the prisons of our Department of Justice there are an extraordinary number of sentenced soldiers, whom the authorities had to take there, because the military and fort prisons are entirely overfilled. ("Hear, hear!" from the Soc.-Dem.) In the Prisons of the Prussian Department of Justice there are at present 5000 prisoners. And prisons which are under the control of the Minister of the Interior are certainly being strongly demanded by military prisoners. It is a fact, however, in very many cases, that sentenced soldiers are not entering upon their sentences immediately, but are serving in the army. The decrease in the number of prison inmates can also for the greatest part be attributed to the pardons granted. In many cases it was decided, that even without granting a pardon there should be a postponement in the execution of the sentence, even an interruption in the fulfillment of the sentence, in order that the soldiers concerned could be brought to the barracks or into the trenches. ("Hear, hear!" from the Soc.-Dem.) Referring to the question of the release of prisoners, the ex-convict in the army was discussed in Committee. According to my experience, it is in war that the ex-convicts, those who were ostracized in civil life, have particularly shown, in the most excellent way, the qualities of human fellowship. But the danger must not be overlooked. It consists in this—that people of criminal inclination, whose temptations are greater in the dangers which are facing them, are in the army in great numbers. ("Very true!" from the Soc.-Dem.) Our great responsibility towards the defenseless population in the occupied territories must therefore give us special concern. German papers commented bitterly when prisons were opened in foreign countries in order that the inhabitants could enter the army. But to a certain degree that happened also here in Germany. I do not want to assert that the majority of excesses which happened in the occupied territories against the civil population, the cruelties which carry a special personal stamp, and which surpass the real war cruelties, are committed particularly by discharged convicts—at all events the question deserves special attention. It is important to note, further, that our civil justice takes in to-day only a very small part of the male population, as those who are called to the colors are under the jurisdiction of the courts martial. There are courts martial also for the civil population, as you know, especially in the provinces of the frontier. Statistics are also lacking as to the doings of these military courts. From the decrease of prisoners we cannot draw a favorable conclusion as to the criminality of to-day. The source of crime flows without interruption. The entire activity of justice is a circulus vitiosus, a faulty short conclusion. Neglect leads to crime, penalty to the increase of social weakness, to demoralization, to new crime, new sentence and so on. Crime is a constitutional disease of bourgeois society. (Laughter at the right side of the House.) What is the condition at the roots of crimes during war? The first root is the strengthening of the social causes of crime, the distress of the population, the increase in the cost of living, the ruin of the family. In order to examine the social roots of war criminality, the report of the Trade Council Inspectors would be important—which unfortunately we do not receive during the war. But by banishing these facts in a dark chamber, they are not kept from the world. When the material in regard to the secret social history of the war will finally be presented, humanity will be terrified at the horrors which have shown themselves. ("Very true!" from the Soc.-Dem.)
I come now to the second root of war criminality. Mr. Kanzow (Assemblyman of the Progressive People's Party) called Right one of the holiest gods of the people. To-day Right is in a state of siege. How is the principle of Right compatible with the principle of Might; how can the idea of Right live in the atmosphere of war psychology, which means a destruction of the fundamentals of all that is right? The conception: "Might goes before Right," "Necessity Knows no Law," must pull down all safeguards of law. ("Very true!" from the Soc.-Dem.) The question as to how the Ten Commandments stand to-day we hardly need to open. ("Very true!" from the Soc.-Dem.) To-day it is not: "Love thy neighbor," but kill thy neighbor! (The bell of the President.)
Vice-President Dr. Krause: By such method you could throw the entire world into the circle of your examination. ("Very true," and laughter at the right side of the House.)
Assemblyman Adolf Hoffman (Soc.-Dem.): "Justice has nothing to do with right!"
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 für Jugendfürsorge (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 rôle. ("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: Maiköfer 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 rôle, 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 Düsseldorf 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 Düsseldorf 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 rôle 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 Vorwärts (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 Düsseldorf 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.")