On Invasion of Constitutional Rights

Memorandum on Invasion of Constitutional Rights, Presented by American Union Against Militarism, Aug. 13, 1917The evidence herewith presented covers the denial of established rights:1st. By arbitrary denial of the right of free speech and assemblage by local officials.2nd. By illegal arrest and search by local police and federal authorities3rd. By lawless assumption of power by members of the military forces.4th. Through unfounded complaints of overzealous federal district attorneys.5th. By arbitrary action of postmasters in denying the use of the mails.1. Free speech and assemblage.We have the record of eight indictments for crimes ranging from treason and conspiracy to simple misdemeanor for the sole offense of criticizing the government's war policies, or agitating for peace. (These cases have occurred in Philadelphia, Ohio, Chicago, Michigan, Indianapolis, New York City, Pittsburgh and Seattle.)In Philadelphia 13 persons were recently arrested and charged with treason for distributing a leaflet entitled "Long Live the Constitution of the United States", which dealt in a lawful way with the constitutionality of conscription. See Exhibit A. In one city (Indianapolis) an ordinance has been passed, making it a misdemeanor, punishable by a heavy fine "To speak disrespectfully of the President or the government of the U. S.", or to have in one's possession literature which comments disrespectfully upon officials or the government; and prohibiting the publication of any matter which might prompt workers to demand better conditions of work or hours of labor in industrial establishments during the war. See Exhibit B.

Two historic meeting places for free speech in New York City have been closed to meetings on peace or war policies, namely, Carnegie Hall and Cooper Union.

One man in New York City was arrested for distributing leaflets which contained only quotations from the Constitution and Declaration of Independence. He was sentenced to 90 days in jail, but later released by a superior court. See Exhibit C.

A post office employee in St. Paul, Minn. was discharged after years of faithful service solely because he went on the bonds of three old friends charged with failing to register under the conscription act.2. Unlawful arrest, search and seizure.The evidence presented shows that federal district attorneys, United States marshals, local prosecuting officials and the police have acted in gross violation of the law in making arrests for opposition to war policies and agitation for peace. In many cities men and women have been arrested without warrant, their private papers unlawfully siezed, and the opportunity denied them to secure bail or counsel for hours at a time. See Exhibit D.In Chicago recently a meeting called to discuss the problem of the conscientious objector, presided over by a distinguished woman, was virtually broken up by federal secret service men, who arrested many present without reason, taking them to the federal building, where they were held for hours, being released the next day on order of the federal district attorney, who apologized for the conduct of the men. See Exhibit E. 3. Assumption of power by the military.The most striking single instance of violence on the part of the military was the breaking up of the Peace Parade in Boston on Sunday, July 1st, by soldiers and sailors. Probably no more extreme violation of citizens' rights at the hands of men in the uniform of the United States has ever taken place in our history. Beginning at the statue of Abraham Lincoln in Park Square, sailors and soldiers followed this parade with the deliberate intention of breaking it up; they tore banners from the hands of women, they beat and injured men and women; later they forcibly entered the Socialist Party headquarters, destroyed property and burned many valuable papers and much literature. The police did nothing throughout this performance to protect the citizens' rights. See Exhibit F.

Less flagrant cases of violence on the part of soldiers and sailors in connection with peace meetings have been reported from all parts of the country. The New York cases were called to the attention of the War Department by local officials and citizens' organizations. Although the War Department has issued orders forbidding soldiers to interfere with peace meetings, the trouble has not ceased. We have the report of an eye-witness that a meeting in the interest of peace and democracy was broken up in Seattle on August 1st by soldiers of the United States.

Soldiers and sailors at many so-called peace meetings have held and searched men for registration cards. Those unable to produce them they have turned over to the police, who have detained them indefinitely until they could produce either the cards or some evidence of the date of birth. Men both above and below the registration age have thus been unlawfully held for hours in many places without any charge being lodged against them, and yet without the right to secure counsel or bail.4. Activities of over-zealous district attorneys.We have records of some 12 cases of men and women unlawfully arrested and held on authority of federal district attorneys. Most of the charges made are unfounded in fact and are evidently intended merely as a means of suppressing the activities of persons whom the district attorneys regard as a menace to the conduct of the war. These charges range from treason and conspiracy to violations of the espionage act. For example, in Grand Rapids, Michigan 12 citizens were indicted for distributing literature opposing conscription, before the passage of the espionage act, and under charges so general as to be insusceptible of proof. In Syracuse, New York, a young man who wrote on his registration blank in the state military census that he was opposed to participation in this war was proceeded against by the Federal District Attorney under the Espionage Act for obstructing the recruiting and enlistment service. See Exhibit G.5.Arbitrary action by postoffice officials.Seventeen issues of various publications have been held and declared nonmailable by the postoffice department under the Espionage Act, although the Department of Justice declined to recognize any of these publications as indictable under the same Act. In some cases the identical matter which caused the suppression of these publications appeared in other publications without interference.Furthermore, the postoffice department has summoned the editor of several of these publications to show cause why their second class mailing privileges should not be withdrawn on the ground that the "continuity of publication has been broken," knowing full well that the break in continuity of publication was caused solely by its own act in suppressing an issue. Denial of second class privilege would mean the total suppression of the papers. It is inconceivable that the postoffice department will be allowed to proceed to such manifest tyranny, unchecked.Private sealed first class mail has been held up by the Post office department for six weeks at a time, without notice. An extreme instance was the holding for weeks of two thousand circular letters mailed by the American Union Against Militarism which contained no reference to the war or conscription, but discussed the growing danger to free press and criticized the administration of the post office department. The fact that all these letters were finally declared "mailable" and allowed to proceed to their destination, makes it clear that the difficulty is due not to the treasonable character of the mail but to the misguided zeal of officious department heads. See Exhibit H.