Part 4

"Well," they say, "if the Constitution fetters you too much, why, change the Constitution. The Constitution provides that it can be changed." And so it does; but how?

You can change the Constitution of the United States. You could change Mt. Hood, but it would take a pile of shovels. (Laughter). You could change Mt. Hood a good deal easier. It could be done. The law provides that if you pass a law through congress and the senate and it is signed by the president, to change the Constitution, you may submit it to the people and if three-fourths of all the states in the Union consent to it, why you can change it. What do you think of that?

Do you suppose there is any power on earth that ever could get a law through congress and the senate, approved by the senate, and then get three-fourths of the individual states in the Union to approve it? You and your children and your children's children would die while you are doing it.

The best proof of that is the fact that we have had a constitution for one hundred and twenty-five years, and the Lord knows it needs patching. It needs something worse: It needs abolishing worse than anything else. (Applause).

If anybody does want to tinker with voting the first thing necessary is to get rid of the constitution. We have had one for a hundred and twenty-five years with a provision for changing it. It has needed change. It needs it all the while, and yet it has never been changed but once. They passed several amendments all in a heap. What were those? Those were amendments growing out of the Civil War, and they didn't permit any of the Southern States to vote. They just ran them over their heads, and they were all amendments protecting the negroes after enfranchisement. And those are the only amendments we have had in one hundred and twenty-five years, and it took a war to get those--considerable direct action.

Why, if a body of ingenious men had gotten together to make the frame work of a government to absolutely take from the people all the power they possibly could, they could not have contrived anything more mischievous and complete than our American form of government. (Applause).

Russia is easy and simple compared with this. If you did happen to get a progressive, kindly, sympathetic, humane Czar, which you probably won't, but if you did you could change all the laws of Russia and you could change them right away and get something. But if you got the wisest and kindest and most sympathetic man on earth at the head of our government he could not do anything; or if you filled congress with them they could not do anything, or the senate they could not, and the Supreme Court could not. You would have to fill them all at once, and then they would have to override all the precedents of a hundred and twenty-five years to accomplish it.

The English Government is simplicity itself compared to it. As compared with ours it is as direct as a convention of the I. W. W. (Applause). The English people elect a Parliament and when some demand comes up from the country for different legislation which reaches Parliament and is strong enough to demand a division in Parliament and the old majority fails, Parliament is dissolved at once, and you go right straight back to the people and elect a new Parliament upon that issue and they go at once to Parliament and pass a law, and there is no power on earth that can stop them. The king hasn't any more to say about the laws of England, nor any more power than a floor manager of a charity ball would have to say about it. He is just an ornament, and not much of an ornament at that. (Applause). The House of Lords is comparatively helpless, and they never had any constitution; there never was any power in England to set aside any law that the people made. It was the law, plain and direct and simple, and you might get somewhere with it. But we have built up a machine that destroys every person who undertakes to touch it. I don't know how you are ever going to remedy it. Nothing short of a political revolution, which would be about as complete as the Deluge, could ever change our laws under our present system (applause) in any important particular.

But while anybody is voting they had better vote the right way if they can find it out. If they can't it is just as well not to vote. They had better vote for some workingman's candidate and be counted as long as you are doing it. (Applause). Still any benefit that must come anywhere in the near future must come some other way. Workingmen have not raised their wages by it; they haven't shortened their hours of toil by it; they haven't improved the conditions of life by it; it has all been done in some other way. All of this has been accomplished by trades-unionism, by organization. If you can organize workingmen sufficiently so that they may make their demands strong enough you can accomplish something in all of these directions. (Applause). But our political institutions are such that before you could get anything like a political revolution you need an industrial revolution. (Applause).

And then we come to face some of the problems of today, and I want to speak a little bit about that. I have talked to you about as long as I ought to tonight, but I want to say something about some matters that perhaps are closer home than those.

We find the American workingman bound by the law, as I have said,--everything taken from him. He can't do anything by voting. The courts are almost always against him, for the simple reason that courts are made from lawyers, generally prominent lawyers and well known lawyers. In almost every instance these lawyers have been corporation lawyers. Their instincts are that way. Their beliefs are that way, and their training and heredity are that way; and they are not with the poor.

In order to be a lawyer you must spend considerable time, if not studying, at least you must spend it not working. You can't work while you are becoming a lawyer, and you won't work afterwards. (Laughter). It takes eight or ten years' schooling at least. That is one reason why a lawyer says he should have big fees, it takes him so long to learn the trade. That is, the poor people support a lawyer so long while he is preparing that they ought to support him better while he is practicing (laughter); because a fellow studying to be a lawyer, or a doctor, or a minister--I don't know what they study to be a minister, but I suppose they do (laughter)--has got to be living while he is studying and somebody must take care of him; to take care of him while he is learning--after he gets it learned he takes care of himself.

So the judges are not on your side. They don't look at things the way you do. They are trained differently. If they were picked out of your trade councils they would look at them differently and they could decide cases differently. Everything is in habit, and the environment and the training, and they are all the time fashioning the law against you.

Then what? Workingmen find themselves hedged about wherever they turn. They can't employ themselves. Somebody has got the earth. They can't mine ore; somebody owns it. They can't get the steel to do the work with themselves; they have got to buy it off somebody. They can't do the work except for wages; the employer does it and the employer insists upon open competition in labor and workingmen are constantly fighting each other.

Everybody admits that the systems must change, that the laws must change. They can't change them by political action, and the injustice goes on, and on, and on.

They find children taken from school and put in factories and mills; their children, not the children of the rich but the children of the poor. The rich love their children so much that they don't put them in factories and mills. Only the children of the poor are put in factories and mills, which shows that mother love is not the same with poor people as it is with rich people. Still the poor people have all the children anyway, so there are enough. (Laughter). They are good to the rich and they have the children for them.

They find that the life of a poor man is only about two-thirds as long as that of a rich man. A man dies because he is poor. A lawyer, or preacher or a doctor can take care of himself; but the workingman dies because he is poor. Lots of gray-headed lawyers and preachers and bankers and doctors, but there are not so very many gray-haired workingmen. That is lucky for them, too, because they would have to go to the poor house. (Laughter). Maybe they will get old age pensions sometimes. (Applause). It is always safe and economical to give workingmen old age pensions, because they never reach old age. They find themselves ground up by all kinds of machinery, ground to death under car wheels, sawed to pieces in factories and mills, falling from ten and twelve story buildings, picked up on the ground just one big spatter of blood and bones. They know these conditions are wrong and they can't change them, and the people who have control of it are squeezing them tighter and tighter all the time and they don't know which way to turn. And which way do they turn? They try voting. They don't accomplish it. They try organization, and that is hard. They try direct action, and that is hard, too. You wonder that they try it.

Now, a great many people condemned the McNamaras. A great many working people condemned them. I don't say that the working people ever need to resort to force, or ever should resort to force, but it is not for me to condemn anybody who believes they should. (Applause).

I know that the progress of the human race is one long bloody story of force and violence (applause); and from the time man got up on his hind legs and looked the world in the face he has been fighting, and fighting, and fighting for all the liberty and the opportunity that he has had. I think the time will come when he can stop. Perhaps it has come. And no one hates cruelty and force and violence more than I hate it. But don't let them ever tell you that all the force has been on our side. (Loud applause). It never has been; most all of it has been with them. (Applause). They are the ones who have the force, who have the power.

Why are these standing armies and navies; and, more than that, the militia building their armories in every great city in the United States? Are they there for a foreign foe or are they there to shoot strikers and workingmen when the time shall come? (Loud applause). Are they there to protect the people from China and Japan and England, or are they there to protect property against the poor? (Loud and prolonged applause).

What is a lockout in a factory or mill when they call it famine and want and hunger and cold, to do their work? Is that force, or is it peace and quietness and gentleness, and the Golden Rule?

What are the policemen, what are the officers of the law, what is the machinery of government directed against the workingmen, holding all the resources of the earth in the power of a few and compelling the money to go to those few for the means of life? Isn't this force?

What is the blacklist? Is it anything but force that drives children into the factories, that drives women into factories, and compels men to work with defective machinery for long hours and poor wages? Is it anything but the force of starvation and want that has always been used by the owners of the earth to make the poor do their bidding and their will?

The force is there. It is not with the weak. The weak have never had the strength or the opportunity to use the force. And when here and there some man like the McNamaras and others--I don't need to mention them alone, excepting that I want to live to see the day that justice will be done to them (loud applause)--here and there when they reach out blindly to meet force with force, call it blind if you will, call it wrong if you will; I have never counseled it or advised it, perhaps because I am not brave enough; it is not for me to say; but call it blind, call it mistaken, call it what you will; but the fact will ever remain that men who do it never do it for their own mean personal ends but because they love their fellowmen. (Loud applause). And long ago it was written down that "Greater love hath no man than this, that he who would give his life for his friend." Some day, I say, it will be understood, and some day the world will understand that they and Wood who was indicted from the other side for an attempt to charge something to labor that labor was not guilty of, and all of these other indictments growing out of the same acts, that all of these acts were not individual acts at all, but they were a part of a great industrial tragedy of a great evolution of society; that they are what are called social crimes or social acts for which these men were responsible in no degree. They were a part of a machine; they were risking their lives; a part of a system; and, do what you will, others will be ground out of it forever and forever, until the system shall change and until there will be some equity and justice in the world. (Loud applause).

The world is changing, and every person is doing his part in his own way. It is not for you to criticize me or for me to criticize you, but to judge men by their motives and to judge them by the side they are on. Labor must stand for its own men. (Loud applause). It must stand even for its own mistakes, and its own crimes if it is guilty of them. (Applause). There is one question, and only one, to ask concerning a man or concerning an act: "Was he on my side?" (Applause). You may counsel him to do differently; yes. You may teach him moderation, and believe in it; and all of us want to see peace and justice and harmony come out of all of these contending forces, as it one day will come; you may teach it and you may believe it, but the man who lets a thought loose in the universe can never tell what the results of that thought may be. It may bear fruit in a thousand ways of which we never dream; but even though it does and it must the thought must go forth to do its work and to change the face of the earth. The highest and the holiest and the best thought may bring on strife and war. And John Brown, a devoted man who believed in the liberty of the slaves, took his gun in his hand and went to Virginia and raised his hand in rebellion against the country. He was tried and convicted and hanged for murder, and he was guilty of murder under the laws of man, but under the laws of God he was a hero. The laws of justice and righteousness look not to the act but they look at the motive that moved the brain. Were they fighting on our side? Were they fighting for justice and humanity and the weak and the poor and the oppressed, as they saw it? If so, whoever they are and whatever, they demand our sympathy and our support. (Applause).

John Brown by his act of heroism plunged the United States into a civil war costing hundreds of thousands of lives, and billions of property. But he was not responsible for the thought. It came in the evolution of time. And so don't think that any one man is responsible for any one great event in this world. The earth is moving, the universe is working, all the laws of creation are working toward justice, toward a better humanity, toward a higher ideal, toward a time when men will be brothers the world over. (Applause). The evolution will not all be peaceful. It can't be. There will be conflict and blood shed; there will be prisons, there will be jails, but through it all this same humanity that has come onward and upward from the brute below us, onward and upward to where we are today, this same humanity will be growing in wisdom and strength and righteousness, and the good and the evil, the peace and the charity, the violence and all, will be combined to make man better and make the world juster and fairer than it has ever been before. (Loud applause).

(At the conclusion of the address of Mr. Darrow at the suggestion of a member of the audience three lusty cheers were given for the speaker).

TRANSCRIBER'S NOTES