Presidential addresses and state papers, Volume 4 (of 7)Roosevelt, Theodore
History
Presidential addresses and state papers, Volume 4 (of 7)
Roosevelt, Theodore
Roosevelt, Theodore, 1858-1919; United States -- Politics and government -- 1901-1909
people were hanged for the most trivial offences, and when all the
machinery of the law was in the hands of the government and directed
against the individual; so that the one thing that had to be done was
to protect the individual. Circumstances in the past three or four
centuries have wholly changed; but the law has not changed nearly as
rapidly or completely. At present there is not the slightest question
as to the individual’s rights being preserved. They are amply guarded.
Of course there is the possibility of error in every human affair; but
speaking generally, the man accused of criminal wrong, especially the
man accused of criminal wrong against the public, has every possible
chance secured him; but the public has by no means the chance it ought
to have. No greater service is being rendered the American public
to-day than by those members of the legal profession whose great
good fortune it has been to stand forth as prominently identified
with the prosecution of crimes against the state. When I say crimes
against the state I not only refer to crimes like those of bribery
and corruption committed by any public official, but I mean such a
crime as murder, as any similar hideous misdeed, where the offence is
not merely against the individual, but against the entire community.
It is right to remember the interests of the individual, but it is
right also to remember the interests of that great mass of individuals
embodied in the public, in the government. It is unfortunate that
we have permitted practices that were necessary three hundred years
ago for the protection of innocent people to be elaborated, to be
perverted, so that they become a means for allowing criminals to
escape the punishment of their criminality. We urgently need in this
country methods for expediting punishment, methods for doing away with
delay, methods which will secure to the public an even chance with the
criminal. I do not ask any more; if we can get an average of just fifty
per cent of the criminals we will be pretty nearly all right; for that
will give the public an even chance with the criminal whose offence
is against the public. At present the right of appeal is in certain
cases so abused as to make it a matter of the utmost difficulty to
ultimately punish a man sufficiently rich or sufficiently influential
to command really good legal talent. I am speaking of what I know,
for I am speaking with very keenly in my mind experiences during the
past three years in trying to get at certain public offenders who
have been indicted, and some of whom it has been almost impossible to
get into the jurisdiction of the courts in Washington in order to try
them. There are others whose cases are still on appeal who profit by
interminable delays. I feel that the man who offends against the state
occupies a position rather worse than that of any other criminal, from
the very fact that he is a man who attacks everybody instead of just
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