THE NATURE OF THE STATE BY DR. PAUL CARUS ὁ ἄνθρωπος φύσει πολιτικὸν ζῷον. Aristotle, Polit. I, 1, 9. CHICAGO THE OPEN COURT PUBLISHING COMPANY LONDON KEGAN PAUL, Trench, TrÜBNER & Co., LTD. 1904 This One 6QDS-2J8-K70T PREFACE. T HE indictment of the Homestead rioters for treason, in 1892, elicited from Gen. M. M. Trumbull, in his Current Topics in No. 269 of The Open Court, the following remarks: "The prosecution of the Homestead laborers for treason is a "moral victory for them. They may now exclaim with Patrick "Henry 'If this be treason, make the most of it.' It throws grave "suspicions on the cause of the masters, that they have been driven "for vindication to conjure up the ghost of that sanguinary old "fantasy known as 'treason'; and in sarcastic harmony with all "the other parts of the serio-comic play, it has been ordered that "the Homestead men shall be tried by a 'king's jury.' Every for"'ward step taken by social and political civilisation since govern"ments began was an act of treason in its time; and there never was a scarcity of judges to declare it so. The law of treason has "to be dug out of mouldy statutes, and the antiquated and foolish "decisions of hired courts. A great newspaper, complimenting "the charge of the Chief Justice of Pennsylvania, wherein he ex"pounded the tory law of treason, says: 'It is essentially the ruling "of the judge in the Chicago anarchist cases, which ruling was sus"tained by the Supreme Court of Illinois.' The compliment is de“served, but it might be made stronger by saying also that it was 'essentially the ruling of Judge Jeffries at the trial of Alice Lisle "when that 'distinguished jurist' went the 'bloody circuit' in the "West, a little more than two hundred years ago; which ruling, by "a happy coincidence 'was sustained' by king James the Second. "The attainder of Alice Lisle was reversed in the next generation, "as the American attainders of this generation will be reversed in "due time. Alice Lisle was put to death, but King James himself I was driven from the throne a few years afterward for tyranny, "which according to Lord Byron is 'the worst of treasons.' And our own Lowell, with the heroic blood of historic traitors coursing "through his veins, and inspiring his genius as he wrote, has told "us that 'The traitor to humanity is the traitor most accursed; "man is more than constitutions.' The great newspaper aforesaid "'insinuates also that 'the time has come when heroic treatment is necessary, and that the Homestead affair must be used to teach "disorderly strikers that they must obey the laws.' This has ever "been the cant of kings. It was the exhortation of Strafford to "King Charles, urging him to that career of tyranny which brought "king and minister to the block; although instead of 'heroic,' "Strafford used the word 'thorough.' It is the excuse condemned "by grand old Milton, himself a traitor, where he says: "'Necessity, "The tyrant's plea excused his devilish deeds.'"' This remark evoked the following editorial comment, published in the same number: " The above note of General Trumbull seems to us to call for "special editorial comment. Is not our highly esteemed contribu"tor here carried away by his sympathy for one party-viz., the "strikers-and thus become unjust toward the other-the State? "His glorification of treason is a masterpiece of eloquence; it is "excellent in sentiment, and breathes a lofty love of freedom, but "it seems to us that it is not sound in logic, and so will not stand. "The impeachment of the Homestead strikers for treason was "made in the name of the State of the same State whose authority was inconsiderately trampled under foot by the strikers. In our "American society where the State as a rule is so little thought of, "so often ridiculed, and sometimes even despised, it is praiseworthy "that the Chief Justice of Pennsylvania courageously stands up for "the dignity of the State. The State is that power which protects "peaceful citizens in their industrial pursuits; it protects also our "liberal institutions, freedom of thought, free speech, and a free "press. Without the protection of our liberties we could not fear"lessly publish all sides of a question as we actually do. "What is treason? Treason is that crime which directly at"tempts to undermine the existence of the State. "While it is true that all ruling classes such as usurpers, ty"rants, monopolies, aristocracies, and castes, are in the habit of “branding every attempt at reform or progress as treason, General "Trumbull goes too far in speaking of treason as the ghost of a "sanguinary old fantasy. He exalts treason; and his argument "makes it appear as if real felonious treason did not exist. The "State in order to maintain itself must defend itself against treason. "The State that suffers treason not only becomes ridiculous but "will soon terminate its existence. 'What would become of society if General Trumbull's view "should prevail! Guiteau must have read similar encomiums on "the sublimity of treason. With General Trumbull's argument, "he could at least regard his impeachment as a 'moral victory.' "Being condemned for felony and murder, he suffered, in his own "opinion, the death of a reformer and martyr. It was more piti"able than grotesque when that poor, misguided wretch died on "the scaffold with the shout 'Glory, glory, hallelujah!' on his "lips. "The Chicago Anarchists were tried for murder and for con'spiracy to murder, a crime of which they were not guilty, at least "of which they were not proved to be guilty. They should have "been tried for treason. The Open Court was strongly opposed to "their execution, and since that time we have not changed our "opinion. The execution of the convicted anarchists was neither |