NY Governor Theodore Roosevelt - June 23, 1900
In the class of cases where the offense was one involving the misuse of large sums of money the reason for the pressure was different. Cases of this kind more frequently came before me when I was President, but they also came before me when I was Governor, chiefly in the cases of county treasurers who had embezzled funds. A big bank president, a railway magnate, an official connected with some big corporation, or a Government official in a responsible fiduciary position, necessarily belongs among the men who have succeeded in life. This means that his family are living in comfort, and perhaps luxury and refinement, and that his sons and daughters have been well educated. In such a case the misdeed of the father comes as a crushing disaster to the wife and children, and the people of the community, however bitter originally against the man, grow to feel the most intense sympathy for the bowed-down women and children who suffer for the man's fault. It is a dreadful thing in life that so much of atonement for wrong-doing is vicarious. If it were possible in such a case to think only of the banker's or county treasurer's wife and children, any man would pardon the offender at once. Unfortunately, it is not right to think only of the women and children. The very fact that in cases of this class there is certain to be pressure from high sources, pressure sometimes by men who have been beneficially, even though remotely, interested in the man's criminality, no less than pressure because of honest sympathy with the wife and children, makes it necessary that the good public servant shall, no matter how deep his sympathy and regret, steel his heart and do his duty by refusing to let the wrong-doer out. My experience of the way in which pardons are often granted is one of the reasons why I do not believe that life imprisonment for murder and rape is a proper substitute for the death penalty. The average term of so-called life imprisonment in this country is only about fourteen years.
Of course there were cases where I either commuted sentences or pardoned offenders with very real pleasure. For instance, when President, I frequently commuted sentences for horse stealing in the Indian Territory because the penalty for stealing a horse was disproportionate to the penalty for many other crimes, and the offense was usually committed by some ignorant young fellow who found a half-wild horse, and really did not commit anything like as serious an offense as the penalty indicated. The judges would be obliged to give the minimum penalty, but would forward me memoranda stating that if there had been a less penalty they would have inflicted it, and I would then commute the sentence to the penalty thus indicated.
In one case in New York I pardoned outright a man convicted of murder in the second degree, and I did this on the recommendation of a friend, Father Doyle of the Paulist Fathers. I had become intimate with the Paulist Fathers while I was Police Commissioner, and I had grown to feel confidence in their judgment, for I had found that they always told me exactly what the facts were about any man, whether he belonged to their church or not. In this case the convicted man was a strongly built, respectable old Irishman employed as a watchman around some big cattle-killing establishments. The young roughs of the neighborhood, which was then of a rather lawless type, used to try to destroy the property of the companies. In a conflict with a watchman a member of one of the gangs was slain. The watchman was acquitted, but the neighborhood was much wrought up over the acquittal. Shortly afterwards, a gang of the same roughs attacked another watchman, the old Irishman in question, and finally, to save his own life, he was obliged in self-defense to kill one of his assailants. The feeling in the community, however, was strongly against him, and some of the men high up in the corporation became frightened and thought that it would be better to throw over the watchman. He was convicted. Father Doyle came to me, told me that he knew the man well, that he was one of the best members of his church, admirable in every way, that he had simply been forced to fight for his life while loyally doing his duty, and that the conviction represented the triumph of the tough element of the district and the abandonment of this man, by those who should have stood by him, under the influence of an unworthy fear. I looked into the case, came to the conclusion that Father Doyle was right, and gave the man a full pardon before he had served thirty days.
The various clashes between myself and the machine, my triumph in them, and the fact that the people were getting more and more interested and aroused, brought on a curious situation in the Republican National Convention at Philadelphia in June, 1900. Senator Platt and the New York machine leaders had become very anxious to get me out of the Governorship, chiefly because of the hostility of the big corporation men towards me; but they had also become convinced that there was such popular feeling on my behalf that it would be difficult to refuse me a renomination if I demanded it. They accordingly decided to push me for Vice-President, taking advantage of the fact that there was at that time a good deal of feeling for me in the country at large. [See Appendix B to this chapter.] I myself did not appreciate that there was any such feeling, and as I greatly disliked the office of Vice-President and was much interested in the Governorship, I announced that I would not accept the Vice-Presidency. I was one of the delegates to Philadelphia. On reaching there I found that the situation was complicated. Senator Hanna appeared on the surface to have control of the Convention. He was anxious that I should not be nominated as Vice-President. Senator Platt was anxious that I should be nominated as Vice-President, in order to get me out of the New York Governorship. Each took a position opposite to that of the other, but each at that time cordially sympathized with the other's feelings about me—it was the manifestations and not the feelings that differed. My supporters in New York State did not wish me nominated for Vice-President because they wished me to continue as Governor; but in every other State all the people who admired me were bound that I should be nominated as Vice-President. These people were almost all desirous of seeing Mr. McKinley renominated as President, but they became angry at Senator Hanna's opposition to me as Vice-President. He in his turn suddenly became aware that if he persisted he might find that in their anger these men would oppose Mr. McKinley's renomination, and although they could not have prevented the nomination, such opposition would have been a serious blow in the campaign which was to follow. Senator Hanna, therefore, began to waver.
Meanwhile a meeting of the New York delegation was called. Most of the delegates were under the control of Senator Platt. The Senator notified me that if I refused to accept the nomination for Vice-President I would be beaten for the nomination for Governor. I answered that I would accept the challenge, that we would have a straight-out fight on the proposition, and that I would begin it at once by telling the assembled delegates of the threat, and giving fair warning that I intended to fight for the Governorship nomination, and, moreover, that I intended to get it. This brought Senator Platt to terms. The effort to instruct the New York delegation for me was abandoned, and Lieutenant-Governor Woodruff was presented for nomination in my place.
I supposed that this closed the incident, and that no further effort would be made to nominate me for the Vice-Presidency. On the contrary, the effect was directly the reverse. The upset of the New York machine increased the feeling of the delegates from other States that it was necessary to draft me for the nomination. By next day Senator Hanna himself concluded that this was a necessity, and acquiesced in the movement. As New York was already committed against me, and as I was not willing that there should be any chance of supposing that the New Yorkers had nominated me to get rid of me, the result was that I was nominated and seconded from outside States. No other candidate was placed in the field.
By this time the Legislature had adjourned, and most of my work as Governor of New York was over. One unexpected bit of business arose, however. It was the year of the Presidential campaign. Tammany, which had been lukewarm about Bryan in 1896, cordially supported him in 1900; and when Tammany heartily supports a candidate it is well for the opposing candidate to keep a sharp lookout for election frauds. The city government was in the hands of Tammany; but I had power to remove the Mayor, the Sheriff, and the District Attorney for malfeasance or misfeasance in office. Such power had not been exercised by any previous Governor, as far as I knew; but it existed, and if the misfeasance or malfeasance warranted it, and if the Governor possessed the requisite determination, the power could be, and ought to be, exercised.
By an Act of the Legislature, a State Bureau of Elections had been created in New York City, and a Superintendent of Elections appointed by the Governor. The Chief of the State Bureau of Elections was John McCullagh, formerly in the Police Department when I was Police Commissioner. The Chief of Police for the city was William F. Devery, one of the Tammany leaders, who represented in the Police Department all that I had warred against while Commissioner. On November 4 Devery directed his subordinates in the Police Department to disregard the orders which McCullagh had given to his deputies, orders which were essential if we were to secure an honest election in the city. I had just returned from a Western campaign trip, and was at Sagamore Hill. I had no direct power over Devery; but the Mayor had; and I had power over the Mayor. Accordingly, I at once wrote to the Mayor of New York, to the Sheriff of New York, and to the District Attorney of New York County the following letters:
STATE OF NEW YORK OYSTER BAY, November 5, 1900.
To the Mayor of the City of New York.
Sir: My attention has been called to the official order issued by Chief of Police Devery, in which he directs his subordinates to disregard the Chief of the State Election Bureau, John McCullagh, and his deputies. Unless you have already taken steps to secure the recall of this order, it is necessary for me to point out that I shall be obliged to hold you responsible as the head of the city government for the action of the Chief of Police, if it should result in any breach of the peace and intimidation or any crime whatever against the election laws. The State and city authorities should work together. I will not fail to call to summary account either State or city authority in the event of either being guilty of intimidation or connivance at fraud or of failure to protect every legal voter in his rights. I therefore hereby notify you that in the event of any wrong-doing following upon the failure immediately to recall Chief Devery's order, or upon any action or inaction on the part of Chief Devery, I must necessarily call you to account.
Yours, etc., THEODORE ROOSEVELT.
STATE OF NEW YORK OYSTER BAY, November 5, 1900.
To the Sheriff of the County of New York.
Sir: My attention has been called to the official order issued by Chief of Police Devery in which he directs his subordinates to disregard the Chief of the State Election Bureau, John McCullagh, and his deputies.
It is your duty to assist in the orderly enforcement of the law, and I shall hold you strictly responsible for any breach of the public peace within your county, or for any failure on your part to do your full duty in connection with the election to-morrow.
Yours truly, THEODORE ROOSEVELT.
STATE OF NEW YORK OYSTER BAY, November 5, 1900.
To the District Attorney of the County of New York.
Sir: My attention has been called to the official order issued by Chief of Police Devery, in which he directs his subordinates to disregard the Chief of the State Election Bureau, John McCullagh, and his deputies.
In view of this order I call your attention to the fact that it is your duty to assist in the orderly enforcement of the law, and there must be no failure on your part to do your full duty in the matter.
Yours truly, THEODORE ROOSEVELT.
These letters had the desired effect. The Mayor promptly required Chief Devery to rescind the obnoxious order, which was as promptly done. The Sheriff also took prompt action. The District Attorney refused to heed my letter, and assumed an attitude of defiance, and I removed him from office. On election day there was no clash between the city and State authorities; the election was orderly and honest.
Theodore Roosevelt (1913)
Thank you for your support of Autobiographies and for being a patron of great literature and the arts.
Best wishes!
“Every man has within himself the entire human condition."
~ Michel de Montaigne