UNITED STATES SUPREME COURT’S DECISION NOVEMBER 2, 1887

Is as follows:

The court holds in brief: First, that the first ten amendments to the constitution are limitations upon federal and not upon State action: second, that the jury law of Illinois is upon its face valid and constitutional, and that it is similar in its provisions to the statute of Utah, which was sustained in this court in the case of Hopt vs. The Territory of Utah; third, that it does not appear in the record that upon the evidence the trial court should have declared the juror Sanford incompetent; fourth, that the objection to the admission of the Johann Most letter and the cross-examination of Spies, which counsel for the prisoners maintained virtually compelled them to testify against themselves, were not objected to in the trial court, and that therefore no foundation was laid for the exercise of this court’s jurisdiction, and fifth, that the questions raised by General Butler in the cases of Spies and Fielden upon the basis of their foreign nationality were neither raised nor decided in the State courts, and therefore cannot be considered.

The writ of error prayed for was consequently denied.

There was no dissenting opinion.

The above decision of the Supreme Court was received by the condemned anarchists with coolness amounting to indifference. A. R. Parsons then handed the copy of a letter sent to Governor Oglesby to the Daily News for publication, as follows:

“To His Excellency Richard J. Oglesby, Governor of the State of Illinois—DEAR SIR:

I am aware that petitions are being signed by hundreds of thousands of persons addressed to you, beseeching you to interpose your ~~perogative~~prerogative and commute the sentences of myself and comrades from death to imprisonment in the penitentiary. You are, I am told a good constitutional lawyer and a sincere man. I therefore beg of you to examine the record of the trial, and then conscientiously decide for yourself as to my guilt or innocence. I know that as a just man you will decide in accordance with the facts, the truth, and the justice of this case. But I write to reiterate the declaration made in my published appeal to the people of America September 21, 1887. I am guilty or I am innocent of the charge for which I have been condemned to die. If guilty, then I prefer death rather than to go ‘like the quarry slave at night scourged to his dungeon’. If innocent then I am entitled to and will accept nothing less than liberty. The records of the trial made in Judge Gary’s court prove my innocence of the crime of murder. But there exists a conspiracy to judicially murder myself and imprisoned companions in the name and by virtue of the authority of the State. History records every despotic, arbitrary deed of the people’s rulers as having been done in the name of the people, even to the destruction of the liberties of the people.

“I am a helpless prisoner, completely in the power of the authorities, but I strongly protest against being taken from my cell and carried to the penitentiary as a felon. Therefore, in the name of the people, whose liberty is being destroyed; in the name of peace and justice, I protest against the consummation of this judicial murder, this proposed strangulation of freedom on American soil. I speak for myself, I know not what course others may pursue, but for myself I reject the petition for my imprisonment. I am innocent, and I say to you that under no circumstances will I accept a commutation to imprisonment. In the name of the American people I demand my right—my lawful, constitutional, natural, inalienable right to liberty. Respectfully yours,

“A. R. PARSONS, Prison Cell 29.”

On receipt of the decision of the Federal Court not to interfere in the anarchists case, the doomed men were sullen. Louis Lingg, the bomb-maker, was blatant and defiant, and said to his attendants, “I will never die on the scaffold,” he continued, “I hate and defy you all.” A week before the execution Lingg said: “I approach my last moment cheerfully, but I will not go alone.” This was significant language, and no doubt was an allusion to the fact that he intended to use the bombs, afterwards found in his cell for the purpose of producing an explosion in the jail that might have resulted in the death of scores of victims. Lingg, ~~Engle~~Engel, Fischer and Parsons refused absolutely and persistently to sign any petition to His Excellency, Governor Oglesby, for executive clemency in the commutation of their sentence to imprisonment. The following is a copy of letters from Lingg, Engel and Fischer to Governor Oglesby. They demand liberty or death:

Cook County Jail, November 1.—An open letter to Mr. R. J. Oglesby, Governor of the State of Illinois.

Dear Sir: I am aware that petitions are being circulated and signed by the general public, asking you to commute the sentence of death which was inflicted upon me by a criminal court of this State. Anent the action of a sympathizing and well-meaning portion of the people, I solemnly declare that it has not my sanction. As a man of honor, as a man of conscience, and as a man of principle, I cannot accept mercy. I am not guilty of the charge in the indictment——of murder. I am no murderer, and cannot apologize for an action of which I know I am innocent. And should I ask “mercy” on account of my principles, which I honorably believe to be true and noble! No! I am no hypocrite, and have, therefore, no excuses to offer with regard to being an anarchist, because the experiences of the past eighteen months have only strengthened my convictions. The question is: Am I responsible for the death of the policemen at the Haymarket? and I say no, unless you assent that every abolitionist could have been responsible for the deeds of John Brown. Therefore I could not ask or accept “mercy” without lowering myself in my self-estimation. If I cannot obtain justice from the authorities and be restored to my family, then I prefer that the verdict should be carried out as it stands. Every informed person must, I should think, admit that this verdict is solely due to class hatred, prejudice, the inflaming of public opinion by the malicious newspaper fraternity, and a desire on the part of the privileged classes to check the progressive labor movement. The interested parties, of course, deny this, but it is nevertheless true, and I am sure that coming ages will look upon our trial, conviction, and execution as the people of the ~~ninteenth~~nineteenth century regard the barbarities of past generations—as the outcome of intolerance and prejudice against advanced ideas. History repeats itself. As the powers that be have at all times thought that they could stem the progressive tide by exterminating a few “kickers,” so do the ruling classes of to-day imagine that they can put a stop to the movement of labor emancipation by hanging a few of its advocates. Progress in its victorious march has had to overcome many obstacles which seemed invincible, and many of its apostles have died the death of martyrs. The obstacles which bar the road to progress to-day seem to be invincible, too; but they will be overcome, nevertheless. At all times when the condition of society had become such, that a large portion of the people complained of the existing injustice, the ruling classes have denied the truth of these complaints, and have said that the discontent of the portion of the people in question was due only to the “pernicious influence” of “malicious agitators.” To-day, again, some people assert that the “d----d agitators” are the cause of the immense dissatisfaction among the working people! Oh, you people who speak thus, can you not, or will you not, read the signs of the time? Do you not see that the clouds on the social firmament are thickening? Are you not, for instance, aware that the control of industry and the means of transportation, etc., is constantly concentrating in fewer hands; that the monopolists, i. e., the sharks among the capitalists, swallow the little ones among them; that “trusts,” “pools,” and other combinations are being formed in order to more thoroughly and systematically fleece the people; that under the present system the development of technic and machinery is from year to year throwing more working men on the wayside; that in some parts of this great and fertile land a majority of the farmers are obliged to mortgage their homes in order to satisfy the greed of monstrous corporations; that, in short, the rich are constantly growing richer, and the poor poorer? Yes? And do you not comprehend that all these evils find their origin in the present institution of society which allows one portion of the human race to build fortunes upon the misfortunes of others; to enslave their fellow men? Instead of trying to remedy these evils, and instead of ascertaining just what the cause of the widening dissatisfaction is, the ruling classes, through their mouth-pieces, press, pulpit, etc.—defame and misrepresent the character, teachings, and motives of the advocates of social reconstruction, and use the rifle and the club on them, and, if opportunity is favorable, send them to the gallows and prisons. Will this do any good? As an answer I may as well quote the following words with which Benjamin Franklin closed his satirical essay, “Rules for Reducing a Great Empire to a Small One,” which he dedicated to the English government in 1776: “Suppose all their (the ‘kickers’) complaints to be inverted, and promoted by a few factious demagogues, whom if you could catch and hang, all would be quiet. Catch and hang a few accordingly; and the blood of the martyrs shall work miracles in favor of your purpose” (i. e., your own ruin).

So, I say, society may hang a number of disciples of progress who have disinterestedly served the cause of the sons of toil which is the cause of humanity, but their blood will work miracles in bringing about the downfall of modern society, and in hastening the birth of a new era of civilization. Magna est veritas et prevalebet!

Adolph Fischer.

A letter to Governor Oglesby

Dear Sir—I, George Engel, citizen of the United States and of Chicago, and condemned to death, learn that thousands of citizens petition you as the highest executive officer of the State of Illinois, to commute my sentence from death to imprisonment. I protest emphatically against this on the following grounds: I am not aware of having violated any laws of this country. In my firm belief in the constitution which the founders of this republic bequeathed to this people and which remains unaltered, I have exercised the right of free speech, free press, free thought and free assemblage, as guaranteed by the constitution, and have criticised the existing condition of society, and succored my fellow-citizens with my advice, which I regard as the right of every honest citizen. The experience which I have had in this country, during the fifteen years that I have lived here, concerning the ballot and the administration of our public functionaries who have become totally corrupt, have eradicated my belief in the existence of equal rights of poor and rich, and the action of the public officers, police and militia have produced the firm belief in me that these conditions cannot last long. In accordance with this belief I have taught and advised. This I have done in good faith of the rights which are guaranteed by the constitution, and, not being conscious of my guilt, the “powers that be” may murder me, but they cannot legally punish me. I protest against a commutation of my sentence and demand either liberty or death. I renounce any kind of mercy.

Respectfully,
George Engel.

AN OPEN LETTER.

To Mr. R. J. Oglesby, Governor of Illinois: Anent the fact that the progressive and liberty-loving portion of the American people are endeavoring to prevail upon you to interpose prerogative in my case, I feel impelled to declare, with my friend and comrade Parsons, that I demand either liberty or death. If you are really a servant of the people according to the constitution of the country, then you will, by virtue of your office unconditionally release me.

Referring to the general and inalienable rights of men. I have called upon the disinherited and oppressed masses to oppose the force of their oppressors—exercised by armed enforcement of infamous laws, enacted in the interest of capital—with force, in order to attain a dignified and manly existence by securing the full returns of their labor. This—and only this—is the “crime” which was proved against me, notwithstanding the employment of perjured testimony on the part of the State. And this crime is guaranteed not only as a right, but as a duty, by the American constitution, the representative of which you are supposed to be in the State of Illinois. But if you are not the representative of the constitution, like the great majority of officeholders, a mere tool of the monopolists or a specific political clique, you will not encroach upon the ~~thrist~~thirst for blood displayed by the executioner, because a mere mitigation of the verdict would be cowardice, and a proof that the ruling classes which you represent are themselves abashed at the monstrosity of my condemnation, and consequently, of their own violation of the most sacred rights of the people.

Your decision in that event will not only judge me, but also yourself and those whom you represent. Judge then!

Cook County Jail, 30, 10, ‘87.
Louis Linng.

P. S.—In order to be sure that this letter will come to your official notice, I will send you the original manuscript as a registered letter.

L. L.