Socialism and Democracy in Europe

by Samuel Peter Orth

Bismarck prefaced his law with a very clever prologue (Begründung). In simple language he arraigned the Social Democracy as being, first, anti-social, because it aims at the modern system of production, and does so, not through "humanitarian motives," but through revolution; second, as anti-patriotic, because it makes "the most odious attacks" on the German Empire. "The law of preservation therefore compels the state and society to oppose the Social Democratic movement with decision.... True, thought cannot be repressed by external compulsion; the movements of minds can only be overcome in intellectual combat. But when movements take wrong pathways and threaten destruction, the means for their growth can and should be taken away by legal means. The Socialist agitation, as carried on for years, is a continual appeal to violence and to the passions of the multitudes, for the purpose of subverting the social order. The state can check such a movement by depriving Social Democracy of its principal means of propaganda, and by destroying its organization; and it must do so unless it is willing to surrender its existence, and unless the conviction is to spread amongst the people that either the state is impossible or the aims of Social Democracy are justifiable.[11]

The law was passed against the vehement protest of the Socialists. They disclaimed any connection with the dastardly attempts on the life of the aged Emperor. Bebel, in an impressive speech, declared that while Socialists do "wish to abolish the present form of private property in the factors of production, labor, and land," they had never been guilty of destroying a penny's worth of property. Nor did they aim to do so. It was the system of private ownership of great properties, that enabled a few to oppress the many, that they were fighting. And here they were in good company: Rodbertus, Rosher, Wagner, Schaeffle, Brentano, Schmoller, and a host of other scholars and economists, Bebel affirmed, were Socialistic in their tendencies.

Bismarck was unyielding. He said he would welcome any real effort to alleviate harsh conditions. But the Socialists were a party of destruction and were enemies to mankind.

The leader of the Progressists said, "I fear Social Democracy more under this law than without it." The vote of 221 to 149 in favor of the law showed the grim Chancellor's sway over the assembly.

The law made clean work of it. It forbade all organizations which promulgated views controvening the existing social and political order. It prohibited the collecting of money for campaign purposes; put the ban on meetings, processions, and demonstrations; on publications of all kinds, confiscating the existing stock of prohibited books; and created a status akin to martial law by endowing the police authorities with the power of declaring a locality in a "minor state of siege," and exercising arbitrary authority for one year.

A commission was appointed by the Chancellor to carry out these inquisitions, and the war between Socialistic democracy and medieval autocracy was on. Its events are instructive to every government; its sequel a warning to all nations.[12]

The government organized its commission; the Socialists met at Hamburg to consider the situation. They determined to perfect their organization, to promulgate a secret propaganda, and to use the tribune in the Reichstag as the one open pulpit whence they could proclaim their wrongs.

The government promptly declared Berlin in a "minor state of siege." In the course of a few months about fifty agitators were expelled, bales of literature confiscated, organizations dissolved, meetings dismissed, gatherings prohibited, and the Socialist agitation pushed into cellars and back rooms.

But there was one tribune which the Chancellor could not close—the Reichstag tribune. Here Bebel and Liebknecht talked to the nation, and their speeches were given circulation through the records of debate. Prince Bismarck, in his extremity, tried to muzzle the Socialist members and expunge their words from the records; but the members of the Reichstag refused this extreme measure. Then Bismarck asked permission to imprison Hasselman and expel Fritzche from Berlin. These two deputies had been especially vituperative in their attacks upon the law. The Chancellor claimed that the famous Section 28 of the anti-Socialist law authorizing the minor state of siege extended to members of the Reichstag. But the House, under the vehement leadership of Professor Gneist, the distinguished constitutional lawyer, refused to sanction this dangerous measure on the ground that the thirty-first article of the federal Constitution exempted members of the Reichstag from arrest.

Bismarck soon had another plan for ridding himself of the Socialist nettles in the Reichstag. He introduced a bill creating a parliamentary court chosen by the House, who should have the power to punish any member guilty of parliamentary indiscretion. The bill also empowered the House to prevent the publication of any of its proceedings if it desired. The Reichstag also refused to sanction this measure.