matter, nevertheless writes: "Heike is a beautiful illustration of mental and moral obscuration in the business life of an otherwise valuable member of society. Heike had an ample share in the guidance of the affairs of the American Sugar Company, and we are apt to have a foreshortened picture of his responsibility, because he operated from the easy coign of vantage of executive remoteness. It is difficult to say to what extent he did, directly or indirectly, profit by the sordid practices of his company. But the social damage of an individual in his position may be just as deep, whether merely the zest of the game or hard cash be his dominant motive."
I have coupled the cases of the big banker and the Sugar Trust official and the case of the man convicted of a criminal assault on a woman. All of the criminals were released from penitentiary sentences on grounds of ill health. The offenses were typical of the worst crimes committed at the two ends of the social scale. One offense was a crime of brutal violence; the other offenses were crimes of astute corruption. All of them were offenses which in my judgment were of such a character that clemency towards the offender worked grave injustice to the community as a whole, injustice so grave that its effects might be far-reaching in their damage.
Every time that rape or criminal assault on a woman is pardoned, and anything less than the full penalty of the law exacted, a premium is put on the practice of lynching such offenders. Every time a big moneyed offender, who naturally excites interest and sympathy, and who has many friends, is excused from serving a sentence which a man of less prominence and fewer friends would have to serve, justice is discredited in the eyes of plain people—and to undermine faith in justice is to strike at the foundation of the Republic. As for ill health, it must be remembered that few people are as healthy in prison as they would be outside; and there should be no discrimination among criminals on this score; either all criminals who grow unhealthy should be let out, or none. Pardons must sometimes be given in order that the cause of justice may be served; but in cases such as these I am considering, while I know that many amiable people differ from me, I am obliged to say that in my judgment the pardons work far-reaching harm to the cause of justice.
Among the big corporations themselves, even where they did wrong, there was a wide difference in the moral obliquity indicated by the wrongdoer. There was a wide distinction between the offenses committed in the case of the Northern Securities Company, and the offenses because of which the Sugar Trust, the Tobacco Trust, and the Standard Oil Trust were successfully prosecuted under my Administration. It was vital to destroy the Northern Securities Company; but the men creating it had done so in open and above-board fashion, acting under what they, and most of the members of the bar, thought to be the law established by the Supreme Court in the Knight sugar case. But the Supreme Court in its decree dissolving the Standard Oil and Tobacco Trusts, condemned them in the severest language for moral turpitude; and an even severer need of condemnation should be visited on the Sugar Trust.
However, all the trusts and big corporations against which we proceeded—which included in their directorates practically all the biggest financiers in the country—joined in making the bitterest assaults on me and on my Administration. Of their actions I wrote as follows to Attorney-General Bonaparte, who had been a peculiarly close friend and adviser through the period covered by my public life in high office and who, together with Attorney-General Moody, possessed the same understanding sympathy with my social and industrial program that was possessed by such officials as Straus, Garfield, H. K. Smith, and Pinchot. The letter runs:
January 2, 1908.
My dear Bonaparte:
I must congratulate you on your admirable speech at Chicago. You said the very things it was good to say at this time. What you said bore especial weight because it represented what you had done. You have shown by what you have actually accomplished that the law is enforced against the wealthiest corporation, and the richest and most powerful manager or manipulator of that corporation, just as resolutely and fearlessly as against the humblest citizen. The Department of Justice is now in very fact the Department of Justice, and justice is meted out with an even hand to great and small, rich and poor, weak and strong. Those who have denounced you and the action of the Department of Justice are either misled, or else are the very wrongdoers, and the agents of the very wrongdoers, who have for so many years gone scot-free and flouted the laws with impunity. Above all, you are to be congratulated upon the bitterness felt and expressed towards you by the representatives and agents of the great law-defying corporations of immense wealth, who, until within the last half-dozen years, have treated themselves and have expected others to treat them as being beyond and above all possible check from law.
It was time to say something, for the representatives of predatory wealth, of wealth accumulated on a giant scale by iniquity, by wrongdoing in many forms, by plain swindling, by oppressing wage-workers, by manipulating securities, by unfair and unwholesome competition and by stock-jobbing,—in short, by conduct abhorrent to every man of ordinarily decent conscience, have during the last few months made it evident that they are banded together to work for a reaction, to endeavor to overthrow and discredit all who honestly administer the law, and to secure a return to the days when every unscrupulous wrongdoer could do what he wished unchecked, provided he had enough money. They attack you because they know your honesty and fearlessness, and dread them. The enormous sums of money these men have at their control enable them to carry on an effective campaign. They find their tools in a portion of the public press, including especially certain of the great New York newspapers. They find their agents in some men in public life,—now and then occupying, or having occupied, positions as high as Senator or Governor,—in some men in the pulpit, and most melancholy of all, in a few men on the bench. By gifts to colleges and universities they are occasionally able to subsidize in their own interest some head of an educational body, who, save only a judge, should of all men be most careful to keep his skirts clear from the taint of such corruption. There are ample material rewards for those who serve with fidelity the Mammon of unrighteousness, but they are dearly paid for by that institution of learning whose head, by example and precept, teaches the scholars who sit under him that there is one law for the rich and another for the poor. The amount of money the representatives of the great moneyed interests are willing to spend can be gauged by their recent publication broadcast throughout the papers of this country from the Atlantic to the Pacific of huge advertisements, attacking with envenomed bitterness the Administration's policy of warring against successful dishonesty, advertisements that must have cost enormous sums of money. This advertisement, as also a pamphlet called "The Roosevelt Panic," and one or two similar books and pamphlets, are written especially in the interest of the Standard Oil and Harriman combinations, but also defend all the individuals and corporations of great wealth that have been guilty of wrongdoing. From the railroad rate law to the pure food law, every measure for honesty in business that has been pressed during the last six years, has been opposed by these men, on its passage and in its administration, with every resource that bitter and unscrupulous craft could suggest, and the command of almost unlimited money secure. These men do not themselves speak or write; they hire others to do their bidding. Their spirit and purpose are made clear alike by the editorials of the papers owned in, or whose policy is dictated by, Wall Street, and by the speeches of public men who, as Senators, Governors, or Mayors, have served these their masters to the cost of the plain people. At one time one of their writers or speakers attacks the rate law as the cause of the panic; he is, whether in public life or not, usually a clever corporation lawyer, and he is not so foolish a being as to believe in the truth of what he says; he has too closely represented the railroads not to know well that the Hepburn Rate Bill has helped every honest railroad, and has hurt only the railroads that regarded themselves as above the law. At another time, one of them assails the Administration for not imprisoning people under the Sherman Anti-Trust Law; for declining to make what he well knows, in view of the actual attitude of juries (as shown in the Tobacco Trust cases and in San Francisco in one or two of the cases brought against corrupt business men) would have been the futile endeavor to imprison defendants whom we are actually able to fine. He raises the usual clamor, raised by all who object to the enforcement of the law, that we are fining corporations instead of putting the heads of the corporations in jail; and he states that this does not really harm the chief offenders. Were this statement true, he himself would not be found attacking us. The extraordinary violence of the assault upon our policy contained in speeches like these, in the articles in the subsidized press,