Publication information |
Source: American Lawyer Source type: journal Document type: editorial Document title: “The Crime of Anarchy” Author(s): anonymous Date of publication: October-November 1901 Volume number: 9 Issue number: 10 Pagination: 513 |
Citation |
“The Crime of Anarchy.” American Lawyer Oct.-Nov. 1901 v9n10: p. 513. |
Transcription |
full text |
Keywords |
anarchism (dealing with); anarchism (laws against); anarchism (legal penalties); penal colonies (anarchists). |
Named persons |
John G. Carlisle; Leon Czolgosz; Emma Goldman; William McKinley; Johann Most. |
Document |
The Crime of Anarchy
The dastardly assassination of President McKinley
brings vividly before us the problem of the anarchist. The argument that after
all a prominent Government official is only a single person and should be safeguarded
by law with no greater measures of protection than is supplied to his fellow
citizens is a fallacy of the most apparent kind. The assassination of such an
individual affects not only himself, but the entire community which he represents.
His death may bring about a panic of alarming magnitude. It is only due to the
intense stability of our Republican institutions that such a panic was averted
in the present instance. Under more unsettled conditions the sudden death of
a country’s chief official, be he King, Emperor, or Czar, might perchance lead
to a revolution.
The true fault lies in the fact that our criminal
law is radically wrong. It proceeds on a theory wholly untenable in logic or
in science. It considers that we are all endowed with an equal power of resistence,
certain anti-social tendencies to our passions, and to inherited criminal propensities
which are necessarily inherent in a portion, unfortunately large, of the community.
On such an individual as Czolgosz, punishment can have practically no effect.
His ethical perceptions are obliterated. Spiritually he is an imbecile. His
execution will not deter in the slightest degree any other individual of his
type from the commission of a precisely similar crime. Far better, we think,
to provide a more effective preventative in the shape of a stringent enforcement
of the immigration laws, the repression of anarchistic literature and speeches,
the breaking up of “Red” societies and the deportation of their members. This
festering sore in our body politic calls for and should receive drastic treatment.
It is to be noted that the leaders of the movement,
such as Goldman and Most, are very careful to refrain from commission of acts
of violence. They confine their efforts to the selection of some poor half-witted
fool in whom secretly they instill their fell doctrines, and who they fashion
into a tool fitted for their purpose. This country should join the International
League Against Anarchy. It is not going too far to say that we should fix upon
an uninhabited island in the Philippines to which those who hold such destructive
tenets should be deported. The latter have no reason to complain. Their doctrines
rest upon the belief that every man is a law unto himself. Hence they cannot
appeal to law for they have repudiated all law and admit only the power of superior
force.
The true measure to be resorted to is rather the
slow one of extirpation. The advocates of Anarchy must be regarded as public
enemies under a law to be passed by Congress and under which deportation could
be provided for. As the Philippine Islands are now a portion of the United States,
the erection of a prison in one of the archipelago and the removal thereto of
the dangerous doctrinaries is governed by the same principle which permits the
confining of offenders against the National laws within any of the Federal jails.
It only remains to add that in 1894 an act was
prepared by John Carlisle, then Secretary of the Treasury, which struck directly
at the root of the evil by prohibiting the assemblage of persons preaching and
entertaining views inimical to the institution of government in general. This
failed of passage, however, because Congress that year was entirely taken up
with the discussion of the Tariff bill.