The views I then held and now hold were expressed in a memorandum made in the case of a Negro convicted of the rape of a young Negro girl, practically a child. A petition for his pardon had been sent me.
WHITE HOUSE, WASHINGTON, D. C.,
August 8, 1904.
The application for the commutation of sentence of John W. Burley is denied. This man committed the most hideous crime known to our laws, and twice before he has committed crimes of a similar, though less horrible, character. In my judgment there is no justification whatever for paying heed to the allegations that he is not of sound mind, allegations made after the trial and conviction. Nobody would pretend that there has ever been any such degree of mental unsoundness shown as would make people even consider sending him to an asylum if he had not committed this crime. Under such circumstances he should certainly be esteemed sane enough to suffer the penalty for his monstrous deed. I have scant sympathy with the plea of insanity advanced to save a man from the consequences of crime, when unless that crime had been committed it would have been impossible to persuade any responsible authority to commit him to an asylum as insane. Among the most dangerous criminals, and especially among those prone to commit this particular kind of offense, there are plenty of a temper so fiendish or so brutal as to be incompatible with any other than a brutish order of intelligence; but these men are nevertheless responsible for their acts; and nothing more tends to encourage crime among such men than the belief that through the plea of insanity or any other method it is possible for them to escape paying the just penalty of their crimes. The crime in question is one to the existence of which we largely owe the existence of that spirit of lawlessness which takes form in lynching. It is a crime so revolting that the criminal is not entitled to one particle of sympathy from any human being. It is essential that the punishment for it should be not only as certain but as swift as possible. The jury in this case did their duty by recommending the infliction of the death penalty. It is to be regretted that we do not have special provision for more summary dealing with this type of case. The more we do what in us lies to secure certain and swift justice in dealing with these cases, the more effectively do we work against the growth of that lynching spirit which is so full of evil omen for this people, because it seeks to avenge one infamous crime by the commission of another of equal infamy.
The application is denied and the sentence will be carried into effect.
(Signed)
THEODORE ROOSEVELT.
One of the most curious incidents of lawlessness with which I had to deal affected an entire State. The State of Nevada in the year 1907 was gradually drifting into utter governmental impotence and downright anarchy. The people were at heart all right; but the forces of evil had been permitted to get the upper hand, and for the time being the decent citizens had become helpless to assert themselves either by controlling the greedy corporations on the one hand or repressing the murderous violence of certain lawless labor organizations on the other hand. The Governor of the State was a Democrat and a Southern man, and in the abstract a strong believer in the doctrine of State's Rights. But his experience finally convinced him that he could obtain order only through the intervention of the National Government; and then he went over too far and wished to have the National Government do his police work for him. In the Rocky Mountain States there had existed for years what was practically a condition of almost constant war between the wealthy mine-owners and the Western Federation of Miners, at whose head stood Messrs. Haywood, Pettibone, and Moyer, who were about that time indicted for the murder of the Governor of Idaho. Much that was lawless, much that was indefensible, had been done by both sides. The Legislature of Nevada was in sympathy with, or at least was afraid of not expressing sympathy for, Messrs. Moyer, Haywood, Pettibone, and their associates. The State was practically without any police, and the Governor had recommended the establishment of a State Constabulary, along the lines of the Texas Rangers; but the Legislature rejected his request. The Governor reported to me the conditions as follows. During 1907 the Goldfield mining district became divided into two hostile camps. Half of the Western Federation of Miners were constantly armed, and arms and ammunition were purchased and kept by the union as a body, while the mine-owners on their side retained large numbers of watchmen and guards who were also armed and always on duty. In addition to these opposing forces there was, as the Governor reported, an unusually large number of the violent and criminal element, always attracted to a new and booming mining camp. Under such conditions the civil authorities were practically powerless, and the Governor, being helpless to avert civil war, called on me to keep order. I accordingly threw in a body of regular troops under General Funston. These kept order completely, and the Governor became so well satisfied that he thought he would like to have them there permanently! This seemed to me unhealthy, and on December 28, 1907, I notified him that while I would do my duty, the first need was that the State authorities should do theirs, and that the first step towards this was the assembling of the Legislature. I concluded my telegram: "If within five days from receipt of this telegram you shall have issued the necessary notice to convene the Legislature of Nevada, I shall continue the troops during a period of three weeks. If when the term of five days has elapsed the notice has not been issued, the troops will be immediately returned to their former stations." I had already investigated the situation through a committee, composed of the Chief of the Bureau of Corporations, Mr. H. K. Smith, the Chief of the Bureau of Labor, Mr. C. P. Neill, and the Comptroller of the Treasury, Mr. Lawrence Murray. These men I could thoroughly trust, and their report, which was not over-favorable to either side, had convinced me that the only permanent way to get good results was to insist on the people of the State themselves grappling with and solving their own troubles. The Governor summoned the Legislature, it met, and the constabulary bill was passed. The troops remained in Nevada until time had been given for the State authorities to organize their force so that violence could at once be checked. Then they were withdrawn.
Nor was it only as regards their own internal affairs that I sometimes had to get into active communication with the State authorities. There has always been a strong feeling in California against the immigration of Asiatic laborers, whether these are wage-workers or men who occupy and till the soil. I believe this to be fundamentally a sound and proper attitude, an attitude which must be insisted upon, and yet which can be insisted upon in such a manner and with such courtesy and such sense of mutual fairness and reciprocal obligation and respect as not to give any just cause of offense to Asiatic peoples. In the present state of the world's progress it is highly inadvisable that peoples in wholly different stages of civilization, or of wholly different types of civilization even although both equally high, shall be thrown into intimate contact. This is especially undesirable when there is a difference of both race and standard of living. In California the question became acute in connection with the admission of the Japanese. I then had and now have a hearty admiration for the Japanese people. I believe in them; I respect their great qualities; I wish that our American people had many of these qualities. Japanese and American students, travelers, scientific and literary men, merchants engaged in international trade, and the like can meet on terms of entire equality and should be given the freest access each to the country of the other. But the Japanese themselves would not tolerate the intrusion into their country of a mass of Americans who would displace Japanese in the business of the land. I think they are entirely right in this position. I would be the first to admit that Japan has the absolute right to declare on what terms foreigners shall be admitted to work in her country, or to own land in her country, or to become citizens of her country. America has and must insist upon the same right. The people of California were right in insisting that the Japanese should not come thither in mass, that there should be no influx of laborers, of agricultural workers, or small tradesmen—in short, no mass settlement or immigration.
Unfortunately, during the latter part of my term as President certain unwise and demagogic agitators in California, to show their disapproval of the Japanese