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It does not mean to stand by the President or any other public official save exactly to the degree in which he himself stands by the country.
It is patriotic to support him in so far as he efficiently serves the country. It is unpatriotic not to oppose him to the exact extent that by inefficiency or otherwise he fails in his duty to stand by the country. In either event, it is unpatriotic not to tell the truth—whether about the President or about any one else—save in the rare cases where this would make known to the enemy information of military value which would otherwise be unknown to him.
Sedition, in the legal sense, means to betray the government, to give aid and comfort to the enemy, or to counsel resistance to the laws or to measures of government having the force. There can be conduct morally as bad as legal sedition which yet may not be violation of law.
The President—any President—can by speech or action by advocating an improper peace.
One form of servility consists in a slavish attitude—of the kind, incompatible with self-respecting manliness—toward any person who is powerful by reason of his office or position. A distinguished Federal judge recently wrote me as follows: Any one who did not join that chorus was liable to imprisonment for treason or sedition.
Since Marshall tried Burr for treason it has been clear that that crime cannot be committed by words, unless one acts as a spy, or gives advice to the enemy of military or naval operations.
It cannot be committed by statements reflecting upon officers or measures of government.
Any one who directly advises or counsels resistance to measures of government is guilty of sedition. That is not sedition. It is within the protection of the first amendment. The electorate cannot be qualified to perform its duty in removing incompetent officers and securing the repeal of unwise laws unless those questions may be freely discussed.
The Republic is founded upon the faith that if the American people are permitted freely to hear foolish and wise speech, a majority will choose the wise. If that faith is not justified the Republic is based on sand.
John Milton said it all in his defense of freedom of the press: Who ever knew truth to be beaten in a fair fight? The following extracts from his speeches, during war-time, about the then President ought to be illuminating to those persons who do not understand that one of the highest and most patriotic duties to be performed in his country at this time is to tell the truth whenever it becomes necessary in order to force our government to speed up the war.
It would, for example, be our highest duty to tell it if at any time we became convinced that only thereby could we shame our leaders out of hypocrisy and prevent the betrayal of human rights by peace talk of the kind which bewilders and deceives plain people.
In a speech on January 12,Lincoln justified himself for voting in favor of a resolution censuring the President for his action prior to and during the war which was still going on.
Let him answer with facts and not with arguments. Let him remember that he sits where Washington sat, and so remembering, let him answer as Washington would answer.
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