criminal justice

American Academy of Political and Social Science

Mafia: The Prototypical Alien Conspiracy Author(s): Dwight C. Smith, Jr. Source: Annals of the American Academy of Political and Social Science, Vol. 423, Crime and Justice in America: 1776-1976 (Jan., 1976), pp. 75-88 Published by: Sage Publications, Inc. in association with the American Academy of Political and Social Science Stable URL: http://www.jstor.org/stable/1041424 Accessed: 29/01/2009 12:59

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ANNALS, AAPSS, 423, Jan. 1976

Mafia: The Prototypical Alien Conspiracy

By DWIGHT C. SMITH, JR.

ABSTRACT: The attractiveness of alien conspiracy theories in American public opinion stretches back to the early days of the Republic. "Mafia" has been the name of one such theory. When placed in context with other conspiracy theories, such as the Bavarian Illuminati scare of 1798- 1799 and the Red Scare of 1919-1920, the reasons for emergence of a "Mafia" theory in 1890-91, and again in 1946-1963, become clear. Contemporary public opinion regarding crime is heavily influenced by the post-World War II resurgence of "Mafia" claims, though the evidence behind them is questionable. The role of "Mafia" as a force in public policy is clear, however, and events of the last decade suggest that the consequent shifts in legal strategies, and an increasing sense of injustice generally, have been greater threats to American society than the presumed alien conspiracy behind the anti-Mafia policies.

Dwight C. Smith, Jr., is Director of Institutional Research at the State University of New York at Albany. Educated at Yale and Syracuse Universities, he is the author of The Mafia Mystique. Before joining the Albany staff in 1967, he was Assistant Deputy Director for Systems Planning and Research of the New York State Identification and Intelligence System.

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THE ANNALS OF THE AMERICAN ACADEMY

A MERICANS have always been sensitive to threats from rival

national interests. The historic roots of this cultural trait have been evi- dent since the early days of the Re- public, as a newly-won indepen- dence had to be maintained against political pressures from the mother country and from her European rivals. In a world arena dominated by the politics of nationalism, few of us seriously question the authen- ticity or the propriety of that con- cern.

Lurking behind this concern, however, is a parallel cultural thread with potentially greater significance to American public policy: a recur- ring apprehension that somewhere "out there" is an organized, secret, alien group that is poised to infil- trate our society and to undermine our fundamental democratic beliefs. "It" is more foreboding than the known national rival, because con- spiracies can set to work in our midst without a public declaration of intent or an overtly hostile act; even before we know it, "they" can be overrunning our internal defenses and overwhelming any instinct to resist. The precise nature and com- position of the conspiracy varies with the times; its structure is gen- erally vague and indistinct; but to those convinced by its signs, there is no room for argument as to its existence and no escape from the ominous future that it portends. It may be a reflection of a human fear of the foreign devil, some enduring examples of which (notably the Elders of Zion) have gained inter- national appeal; but for the United States, the concept of conspiracy has occupied an important and sometimes respected position in our value structure.

How DOES AN ALIEN CONSPIRACY THEORY DEVELOP?

There is a broad, though shallow, thread of willingness to believe in the alien conspiracy in public opin- ion. At the fringes are anxious per- sons of varying political persuasions, whose apprehensions approach paranoia as they detect their favorite conspiracies behind every public event. But even in the middle, "sen- sible" ground, it remains painfully obvious that Americans are suscep- tible to the lures of conspiracy advocates when their accusations touch the right cultural anxieties. In four instances since 1798, charges of a secret alien conspiracy1 have captured sufficient attention to affect public opinion and public policy well beyond the scope of events triggering the original cry. In se- quence, the villains have been the Bavarian Illuminati, whose threat became evident during the presi- dency of John Adams; the original "Mafia," which burst on the Ameri- can scene in 1890; the Bolsheviks of the Red Scare that followed World War I; and the revived and partially domesticated "Mafia" of the mid- 1960s.

In each case, three conditions have been present. First, there was a feeling of unease over the prospect that forces beyond our borders do, or might, exercise undue influence over the scope and direction of domestic social change-an unease sufficiently widespread to support a new look at persons and events at the edge of what Kai Erikson has called "the community's tradi- tional boundary network."2 Second,

1. I distinguish the bona fide alien con- spiracy from the domestic variety, which tends to be more common but less fore- boding in the long run.

2. Kai T. Erikson, Wayward Puritans (New York: John Wiley & Sons, 1966), p. 69.

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a moral entrepreneur, in Howard Becker's words,3 has to take the stage to focus public attention on the conditions, or values, of American life that are at stake. Third, it must be possible to construct a set of facts, or assumptions of fact, that can be used by the entrepreneur as evidence supporting a conspira- torial explanation of potential changes for the worse.

The Illuminati were a threat to religious values. They are long since forgotten, perhaps because we no longer consider religion to be as important as did the New England clergy of the late eighteenth century. The Bolsheviks were a threat to political values; and they still haunt us, though faith in a Communist conspiracy has become almost re- spectable since the days of the Red Scare, a recognized arm of Soviet foreign policy rather than just a shadowy plot. "Mafia," in contrast, was a criminal threat, which per- severes in contemporary public opinion as a prototypical alien con- spiracy, still up to its evil ways. A complex set of conditions led to its original discovery, to its reappear- ance 50 years later, and to its con- tinuing influence today in American public opinion. By reviewing first the Illuminati and the Red Scare episodes, we may gain a perspec- tive from which the reasons for the perseverence of "Mafia" in public opinion will be clearer.

A THEOLOGICAL CONSPIRACY: THE BAVARIAN ILLUMINATI,

1798-1799

The spectre of the Bavarian I1- luminati was first raised in this

3. Howard S. Becker, Outsiders (New York: The Free Press, 1963), p. 147ff.

country in 1798 by the Reverend Jedediah Morse of Charlestown, Massachusetts, who, with many of his fellow New England clergy, found rapidly shifting social and political conditions threatening to an established sense of order. Political cleavages that had emerged on a national scale following adoption of the constitution stimulated their ap- prehension. Concern for resiliency of a new nation was heightened by the swiftness with which new crises followed upon each other; in the brief span of six years, for example, the Republic had to absorb such dis- parate and critical events as the ar- rival of Citizen Genet, the brief appearance of the secret Democratic Societies, John Jay's unpopular treaty with England, the XYZ Af- fair, and the passage of the Alien and Sedition Acts. Lurking behind it all was the anti-establishment, anticlerical French Revolution.

Conservative churchmen were particularly vulnerable to rumors that atheistic forces were arrayed against them. A growing demand for religious tolerance was inexplicable simply as a popular cause; there had to be a driving force behind it, using the issue of religious freedom as a smokescreen for an attack on religion itself. The absence of an identifiable force was simply proof that it was secret; and the necessity of exposing it required a search for its true identity. The French Revolution was the obvious place to look. Not only was it antireligious in its own right, but the supporters of tolerance in this country were also known to be sympathetic to it. Morse's promi- nence in the Illuminati controversy came about because he was the first to "expose" to Americans a conspiracy that both explained the

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French Revolution and could be linked to the cause of tolerance here.

The Order of the Illuminati is so distant from contemporary religious or philosophical thought that a brief account of its history may be help- ful here.4 The order had enjoyed a brief life in Bavaria, from 1776 to 1787. Its original mission was to advance the cause of truth and rea- son. Their opponents, said the order's founder Adam Weishaupt, were the Jesuits who controlled education through the enforcement of dogmatic instruction that sup- pressed all liberal ideas. Weis- haupt's argument was not antire- ligious; he wanted to rescue Chris- tianity from "the advocates of super- naturalism and the enemies of rea- son,"5 and that led him and the order to frequent early utterances hostile to current Christian dogma. When read apart from Weishaupt's basic intent, and in association with other records of the order, those statements were interpreted as evi- dence that the order was "devoted to the overthrow of religion and the State, a band of poisoners and forgers, an association of men of disgusting morals and depraved tastes."6 On the basis of that inter- pretation, coupled with the re- minder that such a cause also chal- lenged political authority, the Elec- tor of Bavaria suppressed the order.

But he could not suppress the memory of the order when the French Revolution erupted a few years later. The order was resur-

4. A detailed analysis of the Illuminati and its effect on New England is con- tained in Vernon Stauffer, New England and the Bavarian Illuminati (New York: Colum- bia University Press, 1918).

5. Ibid., p. 160. Weishaupt considered Jesus of Nazareth to be the grand master of the Illuminati (see p. 159).

6. Ibid., p. 182.

rected then, to explain the Revolu- tion as simply an attack on religion- that is, as if no other economic, social, intellectual, or historic factors had any bearing on it. Somehow, a secret conspiracy had so thoroughly infiltrated French life that on com- mand it could rise up and overthrow an otherwise stable monarchy. That conspiracy was the Illuminati, which had-so the argument went -subjugated the Freemasonry of France to its diabolical conspiracy against both thrones and altars. The explanation suffered at every turn from the lack of evidence, but the legend survived. Jedediah Morse's attention was drawn to it through the writings of an Englishman, John Robison, who charged that

AN ASSOCIATION HAS BEEN FORMED for the express purpose of ROOTING OUT ALL THE RELI- GIOUS ESTABLISHMENTS, AND OVERTURNING ALL THE EXIST- ING GOVERNMENTS OF EUROPE . . . the most active leaders in the French Revolution were members ofthis Association . . . [it] still exists, still works in secret, and . . . its emissaries are endeavoring to propagate their de- testable doctrines . . . [I]t stillsubsists without being detected, and has spread into all the countries of Europe.7

When he came to Robison's un- supported assertion that several lodges of the Illuminati had been established in America prior to 1786, Morse instantly grasped the "truth." He lost little time in passing the word to his congregation. "The as- tonishing increase in irreligion," Morse preached, gave reason "to

7. John Robison, Proofs of a Conspiracy against All the Religions and Governments of Europe, Carried on in the Secret Meet- ings of the Free Masons, Illuminati, and Reading Societies (Edinburgh, Scotland: n.p., 1797), pp. 10, 11, 15. Quoted in Stauffer, Bavarian Illuminati, p. 203.

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suspect that there is some secret plan in operation, hostile to true liberty and religion. .. The Illuminati were at the bottom of it; they were the principal cause of virtually every event that had shaken established governments during the previous two decades. Morse con- cluded: "In this situation of things, our duty is plain. . . .9

There were no Illuminati in the United States, but once Morse's ser- mon was printed and widely dis- tributed, the dispute over their pre- sumed existence continued for more than a year. After Morse's charges were espoused by Timothy Dwight in a public address on July 4, 1798, the reality of the Illuminati became an accepted article of faith for the Federalist cause. It was an attractive argument for them because it forced their opponents'1 into the impos- sible position, given the absence of facts in the case, of having to prove a negative condition. Once it be- came known, however, that Robi- son's European "proofs" had been discredited, and that Morse knew that to be the case even while con- tinuing to press the existence of the Illuminati in this country, calmer heads prevailed and the controversy faded from view. But the damage had been done. Morse had demon-

8. Jedediah Morse,A Sermon, Delivered at the New North Church in Boston, in the morning, and in the afternoon at Charles- town, May 9th, 1798, being the day recom- mended by John Adams, President of the United States ofAmerica,for solemn humilia- tion, fasting and prayer (Charlestown: n.p., 1798), p. 19. Quoted in Stauffer, Bavarian Illuminati, p. 232.

9. Ibid., p. 25. Quoted in Stauffer, Bavarian Illuminati, p. 237.

10. Jefferson, "the arch apostle of the cause of irreligion and free-thought," and his sup- porters were the principal targets of the Federalist clergy. See Stauffer, Bavarian Illuminati, p. 121.

strated that American public opin- ion could be swayed by theories framed by the necessities of a de- sired conclusion-that working backward from a particularized anxiety, one could create the evi- dence to justify public fear by em- broidering the past with a conspira- torial cause. The specific presump- tions about the Illuminati dropped from sight, as the New England clergy turned to other matters of faith and morals; but Morse's meth- odology survived for the benefit of future supporters of conspiracy theories.

A POLITICAL CONSPIRACY: THE RED SCARE, 1919-1920

The Red Scare of 1919-1920 emerged at another anxious time for Americans. The struggle to organize labor was stretching social struc- tures: the wartime legacies of in- flation and unemployment added to domestic uncertainty. The debate over immigration, buttressed by wartime appeals for national sol- idarity, had reappeared in the con- text of a xenophobic, near-fanatical 100 percent Americanism. Just over the horizon lay bolshevism, whose influence could be detected, by ob- servers prone to conspiracy theories, wherever the accustomed order was under attack.

The unexpected event that trig- gered the Red Scare was the news that 36 bombs had been mailed from New York City, timed to arrive on May Day at the homes of promi- nent American business and politi- cal leaders."1 Only one reached its

11. This event, and subsequent federal ac- tion under Attorney General Palmer, is de- scribed in Stanley Coben, A. Mitchell Pal- mer: Politician (New York: Columbia Uni- versity Press, 1963), chs. 11, 12, pp. 196- 245.

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destination, causing minor injury and property damage, but the impli- cations flowing from simply the in- tent of the act were explosive enough. Police and Justice Depart- ment officials immediately de- scribed the attempt as an IWW- Bolshevik plot, intended to signal a May Day reign of terror. Public reaction to their charges was swift. Mobs formed in various cities, some- times assisted by local police, to attack radical meetings and parades. The resulting riots became further proof to the public at large of the strength of the radicals and of their willingness to resort to force, and the public clamor for action by the Justice Department reached a fever pitch.

Attorney General A. Mitchell Pal- mer became the moral entrepreneur of the day, using the bombing in- cident as his justification for mobiliz- ing public opinion against a radical, Bolshevik-inspired conspiracy. His cause had more substance than Morse's Illuminati: there were at least five known organizations that might threaten the country;'2 the May Day bomb threats, though not solved, were obvious conspiratorial signs; the Bolshevik cause was an indisputable force on the interna- tional scene, widely believed to be fomenting conspiratorial activity; and Palmer was in a position to do more than preach. After coopting the Department of Labor, which had the power to deport alien Anarchists, Palmer acted. In nationally coor- dinated raids on November 7, 1919, and January 2, 1920, federal agents

12. There were three groups with anarchist leanings: the Union of Russian Workers, El Ariete, and L'era Nuovo; and there were the American Communist Party and its factional offshoot, the Communist Labor Party.

and local police descended on the meeting places of Anarchists and Communists.

To the public at large, the raids were an immediate success. Thou- sands of supposedly dangerous alien radicals had been rounded up for deportation. Their roundup gave proof that the conspiracy threat was real, while simultaneously throttling it. But success was short-lived; by midsummer the Red Scare had be- come wholly discredited.

Two factors contributed to its demise. First, once it became evi- dent that Palmer's agents had been overzealous in their pursuit of radicals, an inevitable backlash set in. There had been an almost casual disregard of arrest and search war- rants, a widespread use of violence and harassment, denial of counsel, and protracted detention of innocent persons in abominable facilities.13 Even the Labor Department, in the person of Acting Secretary Louis F. Post, drew back from Palmer's leadership when the facts emerged. By applying constitutional stan- dards, Post dismissed the great majority of deportation cases brought to him for action. Palmer and his staff were enraged, but in the ensuing controversy (conducted largely in the context of impeach- ment hearings against Post) promi- nent members of the legal profes- sion issued a strong condemnation of the Palmer Raids14 that cut sharply into the attorney general's support.

13. An example: 39 men arrested in Lynn, Massachusetts, for being in a meeting hall often used by radicals had come together solely for the purpose of forming a coopera- tive bakery. Coben, A. Mitchell Palmer, p. 229.

14. "For more than six months we .... have seen with growing apprehension the continued violation of [the] Constitution and breaking of [the law] by the Department of

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Second, the Justice Department had confused the quasi-romantic rhetoric of radical pamphleteering with a determination to act, and its cause faltered when widely trum- peted prophecies of future radical vi- olence failed to materialize. Follow- ing the original bomb plot of May 1919, the Bureau of Investigation forecast a Day of Terror for July 4; but nothing happened. The follow- ing spring, the department tried again, warning of a gigantic con- spiracy involving general strikes, assassinations, and bombings on May Day; when nothing happened once again, public opinion turned, and Palmer became the butt of de- risive editorial cartoons.

Palmer had been able to mobilize public opinion to a much greater extent than Jedediah Morse. But when his conspiracy turned out to be ephemeral, the Red Scare col- lapsed. Its demise was so thorough that Congress adjourned for the sum- mer in 1920 without passing a peacetime sedition law that had been widely supported less than six months earlier. Yet Palmer had re- validated a point: alien conspiracies can be sold to an expectant public, even to the extent of temporarily condoning illegal government ac- tion.

A CRIMINAL CONSPIRACY: THE ORIGINAL "MAFIA,"

1890-1891

"Mafia" became a popular Ameri- can alien conspiracy theory in 1890, as proof of the apparent criminal bent of the southern European and

Justice." National Popular Government League, To the American People: Report upon the Illegal Practices of the Depart- ment of Justice (Washington, D.C.: Govern- ment Printing Office, 1920), p. 3.

as a consequent justification for restricting immigration. One event gave rise to the theory: the murder, on October 15, 1890, of the New Orleans Superintendent of Police David Hennessey.15 "Mafia" en- tered the case for three reasons. First, Hennessey allegedly told friends who came to his aid after he had been ambushed that "the Sicilians have done for me"; that centered attention on the Sicilian colony of the city. Second, he was known to have taken the side of the Provenzanos against their rivals, the Matrangas, in a dispute over ste- vedoring rights; the Matrangas thus became the obvious Sicilian sus- pects in the murder and the even- tual defendants in court. Third, the Provenzanos found it convenient, being under suspicion themselves for an earlier ambush of the Matran- gas, to allege to reporters that the Matrangas were leaders of a local Mafia group with some 300 ad- herents.

The charges of "Mafia" had no place in the murder trial that fol- lowed; they were strictly a matter of public opinion. They prevailed in the highly charged atmosphere of New Orleans because the allega- tions came from friends of Hennes- sey. No one questioned the Proven- zanos or sought proof of their charges: allegations sufficed.

From a more objective vantage point, one might question the gul- libility of the New Orleans citizenry, but a closer examination would sug- gest that the city's leaders were not really concerned about either the reality of a Mafia or the necessity of requiring the niceties of legal

15. A detailed description of the event and its aftermath is contained in Dwight C. Smith, Jr., The Mafia Mystique (New York: Basic Books, 1975), pp. 27-40.

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proof. Rather, they were intent upon exacting revenge for a fallen hero, and for that purpose charges of "Mafia," true or not, were a con- venient justification for what would follow. Sicilians had to be punished, one way or another. After all, as a dispatch from New Orleans pointed out two days after Hennessey died, "it is the first time in the criminal history of the city that the Sicilians have attacked any one save those of their nationality."16 The com- munity was patient at first: "We owe it to our duty as American citizens to try the law first, and to try it thoroughly,"17 was the counsel of the mayor's Committee of Fifty that investigated the case. But when the Matranga group that stood trial the next spring was acquitted, the true sentiments of the community prevailed. Led by members of the Committee of Fifty, a mob de- scended on the parish prison the following day and shot or lynched 11 of the Matrangas then in cus- tody, including five who had not been on trial at all.

As far as New Orleans was con- cered, the event could have ended there. Vengeance had been ob- tained. But a lynching of such pro- portions could not pass unnoticed; besides, three of the mob's victims had been Italian citizens. The af- fair thus became an international in- cident. The charges of"Mafia" were even more convenient then, because they served to rationalize, in a crude way, the blatantly illegal lynch mob.18 Consequently, the New Or-

16. New York Times, 19 October 1890, p. 1.

17. Ibid., 28 October 1890, p. 1. 18. Ironically so, since the mob was much

more assuredly a band of "death-bound assassins," as the New Orleans City Coun- cil initially described Hennessey's assailants.

leans incident survived for the next quarter century as proof that there was a Mafia and as a standard argument ("look what happened in New Orleans") in the fight for greater restrictions on immigration.

An international debate over the reality of Mafia required more than the assertions of the Provenzanos, however well they might have satis- fied the citizenry of New Orleans. There was external support for their tale, in the form of evidence that bands of men did exist in southern Italy in defiance of the law, and that "Mafia" was associated with certain aspects of illegal behavior in Sicily. There might be some logic, then, in assuming that illegal activity and "Mafia" had reached the United States with the immigrant flood. But what was that illegal behavior, and what was "Mafia"? The New Orleans case established an image of the Mafia as a gang of cut- throats, held together by fearsome blood oaths and dedicated to crime; was that accurate?

Contemporary scholarship19 sug- gests that it was not. Events in Sicily that we have subsequently called Mafia were essentially local- ized patron-client relationships, held together by an attitude (or "state of mind") rather than formal oaths of allegiance, to which the word "Mafia" was generally applied. It existed in the absence of a strong governmental presence. The ma- fioso person served to mediate, in a heavily stratified economy, be- tween absent landlords and land- less peasants; inevitably, men of a mafioso character obtained influ-

19. See, especially, Anton Blok, The Mafia of a Sicilian Village, 1860-1960 (New York: Harper & Row, 1975; and Henner Hess, Mafia and Mafiosi: The Structure of Power (Farnborough, Eng.: D. C. Heath Ltd., 1973).

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ence that extended also into political affairs. The system was dependent upon patronage and upon the ability of a "man of respect" to utilize violence when necessary, to main- tain his authority as middleman. To call it "organized" required at- tributing to its practitioners a self- conscious sense of structure well beyond either the necessities of their circumstances or their sense of being.

The phenomenon of Mafia had emerged in response to cultural conditions, not as an organization independent of its surroundings that could decide to export itself. If traces of similar behavior were to be found in this country, it would be because the American environ- ment provided comparable mea- sures of nonexistent governmental machinery, a stratified society, and the consequent need to establish patron-client linkages. As Francis Ianni has suggested,20 those cultural imperatives formed the basis of the immigrant colony; thus the village culture that had supported mafioso behavior in Sicily survived with the immigrant tide to support it here. The citizens of New Orleans, and their counterparts in other cities, might well have observed patron- client relationships at work. The critical question for the cay was how to interpret what was seen. Instead of recognizing what it really repre- sented-that the American system, by denying adequate legal protec- tion for the immigrant and by allow- ing exploitation of his labor for the benefit of an established native class, had stimulated the growth of extralegal social mechanisms- American observers took the easy

20. Francis A. J. Ianni, A Family Business (New York: Russell Sage Foundation, 1972), pp. 43-54.

way out by blaming it all on an alien conspiracy.

The original New Orleans Mafia scare died down after President Ben- jamin Harrison indemnified Italy on behalf of the three Italian citizens murdered by the lynch mob. But Mafia legends built around the Hen- nessey case survived. Every new instance of Italian-associated crimi- nal behavior became an occasion for resurrecting the Mafia story and provided even more evidence to support pressures for immigration control. But, unfortunately for the honest-intentioned immigrant, pub- lic fear of a Mafia did little to rescue him from conditions in which mafioso behavior was a necessity of life.

"MAFIA" REVIVED, 1946-1963

As the previous accounts have illustrated, there was fertile ground in America for conspiracy scares in 1798, 1890, and 1919. Each oc- casion had its own reasons for un- ease over the prospect that an alien force might secretly be undermining our social and political institutions: a sense of irreligion spreading from the French Revolution; the prospect of lawlessness as a characteristic of certain immigrants; and the threat of an impending Bolshevik uprising. Each had its own moral entrepre- neurs: Jedediah Morse; the Com- mittee of Fifty; and Attorney Gen- eral Palmer. Each had its own set of facts with which an entrepre- neur could exploit a latent sense of unease against his preferred villains: Robison's Proofs; Hennessey's mur- der; and radical pamphleteering.

The results varied. Religious tol- erance was stronger nationally than the orthodoxy of New England in 1798: Morse was discredited, and

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the Illuminati were forgotten. Jus- tice was more important than empty warnings in 1919: Palmer was also discredited, though both public opinion and formal government policy eventually concluded that his Red Scare was in reality a strategic weapon of our principal foreign rival, the Soviet Union-at which point it ceased to be an alien con- spiracy in its own right. The original Mafia scare, on the other hand, had considerably more staying power as a conspiracy theory. Immigrants continued to pour into the country, and charges of excessive criminal tendencies among some of them con- tinued as well. Mafia remained the latent explanation, to be resurrected as in the Petrosino murder case of 1909,21 whenever an unsolved crime could be linked to Italians.

The second "Mafia" scare was dif- ferent. It had its own moral entre- preneurs, the Federal Bureau of Narcotics. But national unease, in the years following World War II, was directed at the political implica- tions of international communism rather than at criminals; and there was no clear set of facts yet to substantiate an appeal to wide- spread anxieties over a criminal con- spiracy. The "Mafia" of the immigra- tion years had been virtually dor- mant22 when narcotics agents at-

21. See Smith, The Mafia Mystique, pp. 45-54.

22. Between 1918 and 1943 there were only four domestic incidents (aside from a few dispatches from Sicily describing Mussolini's anti-Mafia campaign) in which the New York Times saw fit to identify "Mafia" with the facts of the case. They occurred in 1921, 1925, 1926, and 1928, and each reference was incidental to the story. None of them had anything to do with the "proof" of Mafia, or Cosa Nostra, that Joseph Valachi pro- duced in 1963. See ibid., pp. 62-65. In 1944 Vito Genovese was identified upon his arrest in Rome as a person associated with

tempted to revive it in 1946. There was a certain residual sense of fore- boding attached to it still, but public opinion simply was not responsive. For seventeen years the bureau labored to produce a receptive mood toward a criminal threat and a con- vincing set of facts that would re- establish "Mafia" in the public eye. Each time their charges appeared, there was a brief flurry of public interest, as the press dusted off and reprinted old stories for a new gen- eration; but though interest may have seemed intense each time, it rapidly waned and "Mafia" would fade again from view. This was true of the charges by the bureau in 1946 that Frank Costello was the kingpin of Harlem's Mafia;23 of the Kefauver Committee's narcotics-in- spired claim in 1951 of "a sinister criminal organization known as the Mafia";24 of the efforts by narcotics agents to link Vincent Squillante with the Mafia during the McClel- lan committee's 1957 investigation of labor racketeering in Long Is- land's garbage-collection industry;25 and even of stories associated with the so-called Apalachin Conclave of November 1957 and the subse- quent state and federal investiga- tions that it inspired.26 It was not until the testimony of Joseph Valachi in the fall of 1963 that the concept of a real alien conspiracy called Mafia took hold permanently.27 Other law enforcement agencies then took over the Narcotics Bu- reau's cause. Their efforts culmi- nated in 1967, when the President's

the Mafia, but his notoriety in that case rapidly faded from view. Ibid., pp. 121-123.

23. Ibid., pp. 123-127. 24. Ibid., pp. 131-151. 25. Ibid., pp. 156-162. 26. Ibid., pp. 162-216. 27. Ibid., pp. 217-242.

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Crime Commission officially blessed the concept of a Mafia con- spiracy.28

The motives of the Narcotics Bu- reau have been variously ascribed to the need for a cause to com- pete with the FBI's Communist menace or to the inevitable cir- cumstance of being directed toward the one area of crime that required a high degree of cooperation and international connections. But a closer examination of the bureau's history suggests that its main chal- lenge in the period under question was to explain failure. The notion of total suppression of illegal nar- cotics use through importation con- trol was a self-proclaimed mission, and it had not been attained. How better to explain failure (and, inci- dentally, to prepare the ground for increased future budgets) than to argue that, dedicated though it might be, the bureau was hard pressed to overcome an alien, organized, con- spiratorial force which, with evil intent and conspiratorial methods, had forced its ways on an innocent public?29

Obviously, the bureau's strategy was neither that cynical nor that clear; this description is simply a retrospective summary of a position that emerged through a series of tactical skirmishes with the entre- preneurs who found the profits in

28. "Today the core of organized crime in the United States consists of 24 groups operating as criminal cartels in large cities across the nation. Their membership is exclusively men of Italian descent...." President's Commission on Law Enforce- ment and Administration of Justice, Task Force Report: Organized Crime (Washington, D.C.: Government Printing Office, 1967), p. 6. See also Smith, The Mafia Mystique, pp. 248-251.

29. Smith, The Mafia Mystique, pp. 184- 188.

narcotics to be worth the risk. The bureau's efforts ultimately suc- ceeded, and we can point to two conditions that made it possible. First, the bureau's early charges laid the groundwork for a set of expecta- tions regarding what organized crime "ought" to look like that would be receptive, finally, to the proper evocations of proof. Second, the bureau found in Joseph Valachi a sufficiently plausible witness to lend substance to its conspiracy charges. Viewed in a more neutral light, Valachi appears to be sub- stantially less knowledgeable and informative than his captors alleged; his principal strength, however, lay not in what he said but in his role as an insider, repenting, in effect, through his "confession." For the supporters of the Narcotics Bureau, that gesture was more important than the presumed facts that he put forth, since by his admission he justified the bureau's moral entre- preneurship. As Kai Erikson put it in describing the early Puritan ap- proach to criminality and the crim- inal, "To repent is to agree that the moral standards of the community [the bureau] are right. .."30

COMMERCIALIZATION OF "MAFIA": 1969

The President's Crime Commis- sion's endorsement of a "Mafia" theory was rapidly and widely adopted elsewhere. The period during which proof might have been required seemed to have passed. Popular commentators and scholars alike now talked and wrote of an American Mafia as an established fact. Two years later, however, the moral entrepreneurs of law enforce- ment were outflanked by a new

30. Erikson, Wayward Puritans, p. 195.

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breed of "Mafia" pushers, the com- mercial entrepreneurs. Inspired by the success of Mario Puzo's The Godfather,31 virtually everyone out to make money-especially those in the publishing and entertainment industries-jumped on the band- wagon. "Mafia" became a house- hold word; its images remain pub- lic property, no longer under the control of the law-enforcement com- munity.32

In these circumstances, it is no longer possible to say with certainty that there is or is not an organiza- tion called Mafia. Accepted con- clusions of labeling theory argue strongly that after a quarter century of having been labeled as mafiosi, a sense of group identification and acceptance of the label would have occurred to a number of Italian- Americans even if there had been no basis for it previously.33 The characteristics of illicit marketplaces argue strongly that an entrepreneur labeled as a mafioso would have little incentive to deny it (except in certain law-enforcement cir- cumstances), given the increa.ed status and power that expectations associated with the label would carry.34 One could argue, then, that if there was a Mafia today, it would owe its existence to the efforts of

31. Mario Puzo, The Godfather (New York: G. P. Putnam's Sons, 1969).

32. See Smith, The Mafia Mystique, pp. 292-305.

33. "Mafia" acts, then, as the master trait, in the sense intended by Becker, Outsiders, pp. 32-39.

34. Crime reporters from localities in which "Mafia" expectations are particularly strong have provided their share of anec- dotal evidence for this argument. An example of the effects of rumored Mafia or Cosa Nostra connections is contained in Norman Miller's account of the enterprising Tony DeAngelis. See Norman C. Miller, The Great Salad Oil Swindle (New York: Coward-Mc- Cann, Inc., 1965), pp. 26-30.

the Federal Narcotics Bureau and their legal and commercial disciples. If that was the case, however, the resulting organization would have no direct historic links either to so- cial organisms of nineteenth-century Sicily or to its immigrant colony counterparts in this country; the assertions of a foreign creation or alien ideology would be without foundation.

On the other hand, it is always possible, though improbable, that an organization called Mafia predates the Narcotics Bureau's postwar cru- sade. Whether its roots ran back to Sicilian soil or were simply based in the social circumstances of the United States might be the subject for an interesting debate for the social historian to pursue, but the more important questions lie else- where: do the imagery and concepts associated with "Mafia" direct us toward the critical characteristics of a specified group of persons, or do they really serve to divert us from analyses that may have much greater significance for the American scene?

Is A CONSPIRACY CHARGE MORE THREATENING THAN THE CON-

SPIRACY? THE "MAFIA" EXPERIENCE

The charges of "Mafia" in the fifties and sixties had not been exclusively figments of the imagina- tion. There were individuals and events continuously coming to the attention of law-enforcement per- sonnel during that time who were collected into a category called "or- ganized crime." However they might be interpreted, the persons and events were real. Led by the Narcotics Bureau, most law-enforce- ment personnel called them evi- dence of a Mafia. The result, for contemporary theories of crime con-

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trol, was to isolate a small group of men of Italian descent and to accuse them, as members of a particular organization, of having perfected organized crime in America. They were the embodiment of the alien conspiracy: a group of men moti- vated by criminality and a sense of loyalty foreign to an open, demo- cratic society, united by an organiza- tion designed for crime that was based on violence and focused on crime and corruption. They were charged with corrupting and intimi- dating both business and govern- ment, as if no other group in America had ever tried to influence a Congressman or bribe a police- man or bypass antitrust laws or reach a greedy hand into the White House.

This interpretation came about by misreading three parts of the evi- dence. First, law-enforcement ob- servers noted that their group of suspects held a shared sense of identification and were often en- gaged in cooperative action, and interpreted that behavior as proof of a secret organization. From another perspective, however, one might ask whether they had any choice. The suspects were, after all, engaged in enterprises in adjoining portions of the marketplace and would have had reasons for collaboration and group identification similar to those in the conditions governing activities of lawyers or insurance salesmen in other parts of the market spectrum. Besides, being branded by the moral entrepreneurs as "outsiders," they had few social openings except among themselves. Second, ob- servers were prone to see evidence of violence, which clearly marked the suspects as alien to the social order, but were slow to acknowledge evidence of corruption that might just as easily have marked them as being within the mainstream of

lightly regulated business affairs. Third, observers forgot that they had begun by assembling evidence of Italian wrongdoing; when the evi- dence was later analyzed, its ex- clusively Italian coloration became proof that only Italians engaged in organized crime.

The result was a misinterpreta- tion of a much wider range of activities that are inherently Ameri- can, not alien, and fundamentally linked to a free-market economy. These activities might be better known as illicit enterprises.35 Rather than being the outgrowth of some alien, violent, criminal organization, they are businesses supported in- formally by networks of mutual ob- ligations-some of which can be re- inforced by bonds of kinship-that are based as much on corruption as on violence and are focused on pro- viding patron-client type favors and enforcement (or security) services.

A misreading of the evidence by the law-enforcement community led to a group of strategies that do not effectively address the problems of illicit enterprise. They focus on legal action that might put some entrepreneurs, Italians or otherwise, behind bars but would do little to change the structures of their mar- ketplaces. More importantly, how- ever, though ostensibly aimed at destroying organized crime, those strategies have themselves been more threatening to this country than the illicit behavior they were supposed to control. They have been threatening on two counts. First, they have affected law en- forcement beyond the confines of organized crime control; second, they have had a significant impact

35. For a more complete description of "illicit enterprise," see Smith, The Mafia Mystique, pp. 335-345.

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on the corruption of justice in the United States.

The strategies in question are those of the 1968 Omnibus Crime Control and Safe Streets Act and the 1970 Organized Crime Control Act. They were justified as weapons in a courtroom campaign against a con- spiratorial foe; they included wire- tapping and eavesdropping, investi- gative grand juries, wider witness- immunity provisions, stronger per- jury laws, and extended sentences in organized crime cases. They were supported by a finding that organ- ized crime was such a threat to this country that to control it we would be justified in modifying the existing balance between privacy and order. In the context of exist- ing "Mafia"-oriented assumptions of the nature of organized crime, the argument seemed plausible. But no sooner were new laws on the books than government agencies be- gan finding new conspiracies to fight. The antiwar movement of the late sixties soon became the target, as the men who exercised govern- ment control became the ogres stifling political dissent-victims in- deed of the paranoia that thrives on, and reinforces, allegiance to a conspiracy theory.36

36. For evidence that the Justice Depart-

"Mafia"-induced strategies of crime control also served as a smokescreen for the continued ero- sion of justice and equity in Amer- ica. By focusing on violence as a principal characteristic of Mafia organizations, law enforcement agencies have evaded the continu- ing problem of corruption in the criminal justice system. The "head- hunting" strategy only placed greater premium on the power- brokering skills of the entrepreneur. His success has obvious repercus- sions. When the shady dealer can stay on the street-Wall Street or Broadway-by co-opting political leaders and law-enforcement per- sonnel, he spreads a message that "equal justice" is not a cherished value but a hollow phrase. It is this fact of life, not the illegal na- ture of certain services, that still represents the greater threat of illicit enterprise; it is a fact of life that an alien conspiracy theory domi- nated by traditional "Mafia" images is unable to comprehend.

ment still endorses generalized anti-con- spiracy strategies, see Jerrold K. Footlick, Jon Lowell, and Anthony Marro, "How to Get Your Man," Newsweek, 1 December 1975, pp. 113-114.

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