Francis J. Coffey to Upton Sinclair
Title
Francis J. Coffey to Upton Sinclair
Creator
Coffey, Francis J.
Identifier
WWP25039
Date
1918 May 10
Description
US Attorney responds to letter from Upton Sinclair about the trial against the editors of "The Masses."
Source
Library of Congress, Woodrow Wilson Papers
Publisher
Woodrow Wilson Presidential Library & Museum
Subject
World War, 1914-1918
Socialism--United States--Periodicals
Lawyers--United States
Wilson, Woodrow, 1856-1924
Contributor
Morgan Willer
Relation
WWI1018, WWI1018A
Language
English
Provenance
Document scan was taken from Library of Congress microfilm reel of the Wilson Papers. WWPL volunteers transcribed the text.
Text
Upton Sinclair, Esq.,
Pasadena, Calif.
Dear Sir:
I beg to acknowledge receipt of your favor of May 3, 1918 with reference to the case now pending against the editors of “The Masses.”
Whatever may have been the motives actuating the defendants in this case, there is not in my opinion a shadow of a doubt that they intentionally endeavored to obstruct the raising of an army subsequent to the 15th day of June 1917 upon which date the law under which the indictment was found went into force.
This fact was proved not only by the issues of “The Masses” published and distributed subsequent to June 15th, 1917, but by a telegram from Max Eastman on April 6th, 1917 expressing a hope that rioutous resistance would follow any attempt to conscript an army for service abroad, by circular letter announcing the policy of the magazine to oppose conscription, by private letters written by Merrill Rogers, both prior to and subsequent to June 15th, 1917, by a statement of Merrill Rogers in July 1917 to a friend in private conversation “that nothing would give him greater pleasure than to see the entire military and naval policy of the Government go to smash”, and by a speech delivered by Max Eastman in Madison Square Garden on August 1st, 1917, in which he referred to “We bloody-handed Americans” pretending to fight a war for democracy, etc.
The fact that this group is now supporting this Government in its prosecution of the war is due not to a change of attitude toward the observance of the laws of this country, in my opinion, but to the fact that its members believe the cause of the international proletariat will be best advanced by the defeat of Germany, and I am perfectly satisfied that if changing events should cause these gentlemen in the future to believe that the particular propaganda in which they were interested was no longer being advanced by the prosecution of this war by this Government, they would not hesitate a moment in resuming their activities to interfere with its prosecution.
As public prosecutor it is my sworn duty to enforce the laws whether they are violated by persons actuated by sordid motives or by humanitarian motives. I feel further that to drop the prosecution of this case at this time would afford encouragement to persons to engage in similar obstructive activities for the purpose of assisting German propaganda in this country. Your suggestion that these defendants will be of more use to the administration out of jail would have had some weight had they frankly admitted their error at the trial and pledge themselves to an observance of the law in the future whether or not its operation interfered with their propaganda. Their attitude, however, was one of martyrs to the rights of free speech, and a testimonial dinner to them as such is now scheduled for the 10th day of this month.
It was and is the Government’s contention that no right of free speech as such is involved in their case, but merely the question whether under cloak of that right, persons may wilfully obstruct the raising of an army to wage a war which has been declared by Congress.
With reference to your statements concerning Dr. William J. Robinson, I beg to advise you that Dr. Robinson’s case has not been presented to the Grand Jury, and he has not been indicted. I have not as yet determined upon what disposition I will make of his case. The fact that he has retracted fully, confessed his error and promised to comply with the law in the future will be given consideration by me.
Respectfully,
Francis J. Coffey,
United States Attorney
Pasadena, Calif.
Dear Sir:
I beg to acknowledge receipt of your favor of May 3, 1918 with reference to the case now pending against the editors of “The Masses.”
Whatever may have been the motives actuating the defendants in this case, there is not in my opinion a shadow of a doubt that they intentionally endeavored to obstruct the raising of an army subsequent to the 15th day of June 1917 upon which date the law under which the indictment was found went into force.
This fact was proved not only by the issues of “The Masses” published and distributed subsequent to June 15th, 1917, but by a telegram from Max Eastman on April 6th, 1917 expressing a hope that rioutous resistance would follow any attempt to conscript an army for service abroad, by circular letter announcing the policy of the magazine to oppose conscription, by private letters written by Merrill Rogers, both prior to and subsequent to June 15th, 1917, by a statement of Merrill Rogers in July 1917 to a friend in private conversation “that nothing would give him greater pleasure than to see the entire military and naval policy of the Government go to smash”, and by a speech delivered by Max Eastman in Madison Square Garden on August 1st, 1917, in which he referred to “We bloody-handed Americans” pretending to fight a war for democracy, etc.
The fact that this group is now supporting this Government in its prosecution of the war is due not to a change of attitude toward the observance of the laws of this country, in my opinion, but to the fact that its members believe the cause of the international proletariat will be best advanced by the defeat of Germany, and I am perfectly satisfied that if changing events should cause these gentlemen in the future to believe that the particular propaganda in which they were interested was no longer being advanced by the prosecution of this war by this Government, they would not hesitate a moment in resuming their activities to interfere with its prosecution.
As public prosecutor it is my sworn duty to enforce the laws whether they are violated by persons actuated by sordid motives or by humanitarian motives. I feel further that to drop the prosecution of this case at this time would afford encouragement to persons to engage in similar obstructive activities for the purpose of assisting German propaganda in this country. Your suggestion that these defendants will be of more use to the administration out of jail would have had some weight had they frankly admitted their error at the trial and pledge themselves to an observance of the law in the future whether or not its operation interfered with their propaganda. Their attitude, however, was one of martyrs to the rights of free speech, and a testimonial dinner to them as such is now scheduled for the 10th day of this month.
It was and is the Government’s contention that no right of free speech as such is involved in their case, but merely the question whether under cloak of that right, persons may wilfully obstruct the raising of an army to wage a war which has been declared by Congress.
With reference to your statements concerning Dr. William J. Robinson, I beg to advise you that Dr. Robinson’s case has not been presented to the Grand Jury, and he has not been indicted. I have not as yet determined upon what disposition I will make of his case. The fact that he has retracted fully, confessed his error and promised to comply with the law in the future will be given consideration by me.
Respectfully,
Francis J. Coffey,
United States Attorney
Original Format
Letter
To
Sinclair, Upton, 1878-1968
Files
Collection
Citation
Coffey, Francis J., “Francis J. Coffey to Upton Sinclair,” 1918 May 10, WWP25039, World War I Letters, Woodrow Wilson Presidential Library & Museum, Staunton, Virginia.