Socialism and American ideals

by William Starr Myers

WHY IT APPEALS TO OUR FOREIGN-BORN POPULATION

It is often remarked that a reading of the names of the members of the present Socialist party, or of those who advocate Socialism in the United States to-day, will disclose the fact that most of these names denote foreign or Continental European, as contrasted with American or British, origin. This can readily be understood when it is remembered that the governments of Continental Europe are theoretically on a different basis and of different origin from those of the United States and Great Britain or of those countries where the English Common Law prevails.

Whether in democratic France, Italy, Belgium or Norway, or in autocratic Germany or Austria-Hungary, the government is considered as in a sense coming down from above. It is believed, and taught, that government exists by divine right and that it has per se its own position and rightful place of domination. That it exists for itself, and not as a means to an end. But in Great Britain, the United States, and also in the British self-governing colonies, as compared with this, the whole order of things is upside down, so to speak. We believe that all governments arise from the people, that they should derive their just powers from the consent of the governed, and that they are merely an instrumentality to help the people to help themselves—to protect them in their inherent, inborn right to life, liberty and the pursuit of happiness. Also the government should act upon the principle of the greatest good of the greatest number as a test when there is any conflict between individual and social rights.

Of course it is now popularly understood that an autocracy like that of Germany until recently, was built up on the theory of the divine right of governments and of the princes who administered them. The constitutions of the German states and especially of the Empire of Germany, were the gift or gifts of the German princes to the people and not the expression of the will of the people, as in the United States, or of the people as represented in Parliament, as in Great Britain. Thus the King of Prussia, who was also Emperor of Germany, was God's representative on earth and responsible to God alone for the administration of his office. He, as well as the various princes in their respective states, were above all earthly law, were laws unto themselves, and they and their serving (or servile) officials were to be obeyed without question. Disobedience to the "princes'" laws was not only treasonable but sacrilegious as well. This fact goes far to explain the atrocities committed with the consent of German public opinion. William the Damned and his bureaucracy were believed to be above all moral or human law, and from the earthly standpoint were infallible and irresponsible. Their orders must be obeyed without question.

As already stated, few people realize that while even the European democracies do not accept the bald theory of the divine right of kings but believe in the divine right of the people, yet somehow or other these divine rights come down to the people by the gift of the government, and are not inherent or inalienable, as our Declaration of Independence would say. This is well illustrated by the principle of the freedom of the press, which is usually considered one of the greater guarantees of individual liberty. An examination of the provisions of various continental constitutions shows that this freedom is given or guaranteed by the government or by these documents themselves.

"The press shall be free," says the Constitution of Italy (Article 28). "No previous authorization shall be required in order that one may publish his thoughts or opinions through the press, except that every person shall be responsible according to law."—Cons. of The Netherlands (Art. 7). "There shall be liberty of the press."—Cons. of Norway (Art. 100). "Every third year the Riksdag (Parliament) ... shall ... appoint six persons of known intelligence and knowledge, who with the solicitor general as president shall watch over the liberty of the press ... If they decide that the [any] manuscript may be printed, both author and publisher shall be free from all responsibility, but the commissioners shall be responsible."—Cons. of Sweden (Art. 108). "The freedom of the press is guaranteed. Nevertheless, the cantons, by law, may enact measures necessary for the suppression of abuses.... The Confederation may also enact penalties for the suppression of press offenses as directed against it or its authorities."—Cons. of Switzerland (Art. 55). "The press is free; no censorship shall ever be established; no security shall be exacted of writers, publishers or printers. In case the writer is known and is a resident of Belgium, the publisher, printer, or distributor shall not be prosecuted."—Cons. of Belgium (Art. 18). But this same Constitution later on says quite pointedly (Art. 96, clause 2) when prescribing the administration of justice,—"In case of political offenses and offenses of the press closed doors shall be enforced only by a unanimous vote of the court." Also (in Art. 98) "The right of trial by jury shall be established in all criminal cases and for all political offenses of the press." A further reading of the provisions of these constitutions will show that the whole intention of the documents is to grant various rights and privileges to the people.

In contrast with these establishments of the freedom of the press by the constitutions and governments of the various European countries, the Constitution of the United States merely says in the First Amendment—"Congress shall make no law ... abridging the freedom of speech or of the press." Stating this in other words, our Constitution merely protects an already existing, inalienable right. Its guarantee is in an entirely different sense from that of one of the above named European constitutions.

In case of riot or disorder, the divinely constituted government of a country of Continental Europe need merely "suspend the constitution," usually by the method of executive decree, and it suspends the freedom of the press and all constitutional guarantees with it, as was done in Hamburg, Germany, recently. In the United States this would be impossible. Even though Germany or some other nation should invade this country and destroy the governments at Washington and Albany, let us say for extreme illustration, yet if any person were unjustly thrown into prison in any part of New York state and a judge of any duly constituted court happened to be nearby, he undoubtedly would issue a writ of habeas corpus and the person be brought into the court for substantiation of the charges in a legal manner according to the common law. It would not matter whether there were a government or not, the inalienable common law rights of an American citizen would continue to exist and the destruction of the government would only remove one of the means of protecting these rights and not destroy the rights themselves. In other words, the judge would merely act on the common law rights of the individual.

Furthermore, in the United States no person, whether high or low, official or private citizen, is immune from the operation of the common law. All are finally subjected to it, and the temporary immunity of the President, a Governor, or any other official, only exists during the term of office for which that official has been elected. At the expiration of the term the obligations and penalties of the law immediately are again in operation. On the other hand, in the countries of Continental Europe the officials are not subject to the common law but to the Droit Administratif or Administrative Law, which is an official law for the regulation or trial of officials. The average European would consider it almost an act of sacrilege to hale an official into court like any other private citizen.

All the above goes to show why many of our foreign-born population look upon a government as "something from above." They are wont to be more subservient to it, or to look upon it as responsible for the welfare of its citizens. Therefore Socialism, which stands essentially for the dependence of the individual upon the State as well as for the governmental direction of the individual and the substitution of State for individual judgment, for this reason appeals to them, and it has made its greatest gains upon the Continent of Europe or among the foreign-born or descended citizens of the United States.