eace and is therefore subject to punishment.
Such an interpretation would be wholly fallacious, on juridical as
well as on grammatical grounds. Its meaning is that any person who
puts the public peace in jeopardy through inciting to hatred and
contempt--that is to say in case the incitement is of such a nature
that it necessarily carries danger to the public peace--such a person
is subject to the penalties of this law. In making use of the term
"endanger," therefore, the law defines the crime of incitement to this
effect, that it must be incitement of such a kind that it at least may
lead to overt action--to the endangering of the peace of the
streets--otherwise it is not punishable.

To show how far my action falls short of this third criterion, how
little the alleged instigation is of the kind which might, even
conceivably, lead to tangible action in the way of endangering the
political peace, the peace of the public highways--to this end let me
simply point out that in this address I am occupied with a discussion
of periods of historical development of secular duration, and at the
close I make the explicit statement that in the advance of a
historical dawning one or two decades count but as a single hour in
the revolution of a natural day.

So that we have here to do with an indictment which meets the
requirements of the law at not a single point; whereas in order to an
adequate charge, the several counts should concur, should combine and
bear one another out.

It has frequently happened that indictments have been made in which
some one count has not been well taken. But an indictment of which not
even a single count proves to come within the contemplation of the
law,--such an indictment deserves a special, and in every sense of the
word a peculiar, place on honor in the temple of jurisprudence.

However, _audiatur et altera pars_.[58] Let us take one last look at
the motivation which the indictment offers. In so doing it is possible
that we shall find that in what I have been saying I have, by some
highly ingenious artifice of exposition, succeeded in concealing the
legally offensive features of my action; or on the other hand it may
turn out that the totally nugatory character of this indictment will
by this means be brought out in even more startling fashion than has
yet appeared.

There is one sentence in this indictment which serves as underpinning to
the whole structure. This sentence may, therefore, be e