These outlaws, and particularly their leaders, notwithstanding the gravity of their offences, are seldom born criminals, nor do they (except in rare cases) begin their career at a very early age. They possess, moreover, good qualities[3] and are capable of affection, generosity, and chivalry, which explains why their memories are cherished by the common people long after good and law-abiding men have been forgotten.
The brigand Mandrin, known as the "Smuggler General" is remembered with love and affection in Dauphiné and other regions of France, Switzerland, and Savoy; and this feeling is easy to understand, since he was the enemy of the "fermiers généraux," who, in the eighteenth century, leased from the French Government the right to levy excise duties, and sorely oppressed the people.
Louis Mandrin, who in early life showed no signs of perversity nor possessed criminal traits, became a bandit, because he had been unjustly treated by these same "fermiers généraux" who refused him payment for work done. He became the chief of a small band of smugglers and spread terror among excise officers and gendarmes. He used to bring smuggled goods openly into the vicinity of villages and towns and invite the people to buy them, and the buying and selling went on without either gendarmes' or excise officers' daring to interfere. The Administration of the "fermiers généraux" promulgated a terrible edict against all purchasers of contraband goods; whereupon Mandrin, who was not without a sense of humour, declared he would force the Administration itself to buy the merchandise, and from time to time he would oblige the excise officers to buy smuggled wares at a fair price.
| Fig. 18 | Fig. 19 |
| Criminal Girl | The Brigand Salomone |
The brigand Gasparone ([Fig. 20]), whose memory is still held in great esteem by Sicilians, was an individual of much the same disposition.
Juridical Criminals
This category comprises individuals who break the law, not because of any natural depravity, nor owing to distressing circumstances, but by mere accident. They may be divided into two classes:
First, the authors of accidental misdeeds, such as involuntary homicide or arson, who are not considered criminal by public opinion or by anthropologists, but who are obliged by the law to make compensation for the damage caused. Naturally, this class of law-breaker is in no way distinguishable, physically or psychically, from normal individuals, except that he is generally lacking in prudence, care, and forethought.
Second, the authors of offences, which do not cause any damage socially, nor are they considered criminal by the general public, but have been deemed such by the law, in obedience to some dominating opinion or prejudice. Bad language, seditious writings, atheism, drunkenness, evasion of customs, and any violation of petty by-laws come under this head. Instances of such offences are too well known to need citation. They may best be summed up in the words of an American judge, who pointed out how easy it would be to sentence the most honest citizen of the Republic to imprisonment for a hundred years and fines exceeding a thousand dollars for breaking a number of petty local regulations against spitting, drinking, disrobing near a window, swearing, opening places of amusement on Sunday, or employing persons on certain days or under certain conditions prohibited by the law, etc.