III.  This incitement must be of such a nature as to endanger the public peace.

These three conditions must concur, must combine, if the section of the law is to apply,—­and not one of these conditions occurs.

As to I. There must be incitement to hatred and contempt; there can in the case before you be no question of this point, and for several reasons.

1.  The offense specified in Section 100 cannot be committed except there be an intention to incite to hatred and contempt.  A contingent incitement to hatred and contempt, an incitement by inadvertence, is in this case not conceivable.  If such a contingent incitement, an unintended incitement to hatred and contempt, were conceivable, what would not the consequences be?  We have, all of us, for instance, recently read certain speeches delivered in the upper house, which have, we will say, filled me,—­and not me alone, Gentlemen, but along with me a very large part of the nation—­with hatred and contempt to the point of distraction.  Does it follow that the public prosecutor could take action against the speakers in question?  He is not competent to do so, even aside from the political prerogative of the speakers, for, although such has been the effect of these speeches, the purpose of these gentlemen was assuredly not to stir up hatred and contempt.  But it is equally true that no one can deny that the purpose of my address was to impart knowledge.  The most that the public prosecutor can allege is that it was a matter of indifference to me if the knowledge imparted stirred up hatred and contempt,—­an allegation without significance, since there is no such thing as an incitement to hatred and contempt by inadvertence.

But, in point of fact, a deliberate incitement of this kind is in the present case absolutely excluded for another reason, which at the same time establishes that the address in question could not even have had the effect of stirring up hatred and contempt.  I, therefore, in order to prevent repetition, beg to present this reason in connection with the second, viz.:  that my address could not have the effect of causing hatred and contempt.

I have, therefore, to say, as the second count under this head, that this address cannot possibly have had the effect of stirring up hatred and contempt, and a fortiori cannot have had that intention.

On what grounds alone can hatred and contempt be deserved?

On the ground of viciousness, which in turn is an attribute of voluntary human actions alone.  But in this address of mine, I show that the dominance of this principle of the bourgeoisie, against which I am by the public prosecutor accused of inciting to hatred and contempt, is but a stage of economic and ethical development, which is the outcome of historical necessity, and that its nonexistence is an utter impossibility and that it therefore has all the character of natural necessity that belongs to the developmental progress of the earth.