Page:Max Eastman's Address to the Jury in the Second Masses Trial (1918).pdf/31

 human law, but in the sight of heaven 'tis murder; and though millions of years may roll away, while his ashes and yours lie mingled together in the earth, the day will yet come when his spirit and the spirits of his children must be met at the seat of omnipotent justice. May God, in his compassion, shield me from any participation in the enormity of this guilt."

Now, I have no doubt that my friend, the District Attorney, will call your attention to the fact that when those utterances were made there was no Espionage Law on the Statute Books, and no Conscription Law on the Statute Books. And I hope he will, because I want to call your attention to the same point, and also to the point that when these utterances were made, and when these articles were written, there was no Espionage Law on the Statute Books and there was no Conscription Law on the Statute Books. And if these articles can prove that I in writing them at that time when a conscription law recommended by the President was in contemplation, had a criminal intent to violate the law, supposing it should be passed, then those utterances of Daniel Webster prove that he had a criminal intent, and was a lawless citizen, and was ready to fight the Conscription Law and Espionage Law supposing that they should be passed. He was against the whole principle of conscription and the military laws and the Espionage Laws which go with it. And so was I, and he was supported in his contention by an absolute conviction that such a conscription of American citizens for service on foreign soil was illegal and unconstitutional. And so was I. And at the very time when I was writing those articles Mr. Hannis Taylor, who is the leading authority on constitutional law in America, was announcing in Washington that he did not believe this proposed law was constitu-