“No Man ought to be looked upon as guilty, before he has received his judicial Sentence; nor can the Laws deprive him of their Protection, before it is proved that he has forfeited all Right to it. What Right therefore can Power give to any to inflict Punishment upon a Citizen at a Time, when it is yet dubious, whether he is Innocent or guilty?”

— Catherine the Great

Item 194.1
Proposals for a New Law Code (1768)

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Catherine the Great 29

Empress of Russia 1729–1796

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“No man can be judged a criminal until he be found guilty; nor can society take from him the public protection, until it have been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorise the punishment of a citizen, so long as there remains any doubt of his guilt? The dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomes useless, as his confession is unnecessary. If he be not guilty, you torture the innocent; for, in the eye of the law, every man is innocent, whose crime has not been proved.”

Cesare Beccaria book On Crimes and Punishments

On Crimes and Punishments (1764)

“It lies not in man's right nor in man's power truly to justify the guilty. This is a miracle reserved for the Lord alone. God, the infinitely just Sovereign, knows that there is not a just man upon earth that doeth good and sinneth not, and therefore, in the infinite sovereignty of His divine nature and in the splendor of His ineffable love, He undertakes the task, not so much of justifying the just as of justifying the ungodly. God has devised ways and means of making the ungodly man to stand justly accepted before Him: He has set up a system by which with perfect justice He can treat the guilty as if he had been all his life free from offence, yea, can treat him as if he were wholly free from sin. He justifieth the ungodly.”

Charles Spurgeon (1834–1892) British preacher, author, pastor and evangelist

All of Grace

“In England a man is presoomed to be innocent till he's proved guilty an' they take it f 'r granted he's guilty. In this counthry a man is presoomed to be guilty ontil he's proved guilty an' afther that he's presoomed to be innocent.”

Finley Peter Dunne (1867–1936) author

Mr. Dooley's opinions (1901), p. 212.

“Just as the liar's punishment is, not in the least that he is not believed, but that he cannot believe any one else; so a guilty society can more easily be persuaded that any apparently innocent act is guilty than that any apparently guilty act is innocent.”

George Bernard Shaw (1856–1950) Irish playwright

The Two Pioneers
1890s, Quintessence Of Ibsenism (1891; 1913)

“It is certain that every man has a right to keep his own sentiments, if he pleases: he has certainly a right to judge whether he will make them public, or commit them only to the sight of his own friends. In that state the manuscript is, in every sense his peculiar property; and no man can take it from him or make any use of it which he has not authorized, without being guilty of a violation of his property.”

Joseph Yates (judge) (1722–1770) English barrister and judge

4 Burr. Part IV., 2379.
Dissenting in Millar v Taylor (1769)

“That in all capital or criminal prosecutions a man bath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land or the judgment of his peers.”

George Mason (1725–1792) American delegate from Virginia to the U.S. Constitutional Convention

Article 8
Virginia Declaration of Rights (1776)

“In the end, man is not entirely guilty — he did not start history. Nor is he wholly innocent — he continues it.”

Albert Camus book The Rebel

L'homme enfin n'est pas entièrement coupable — il n'a pas commencé l'histoire — ni tout à fait innocent, puisqu'il la continue.
Part 5: Thought at the Meridian (Section: Moderation and Excess)
The Rebel (1951)

“In a certain proportion of these cases the man lynched has been guilty of a crime horrible beyond description; a crime so horrible that as far as he himself is concerned he has forfeited the right to any kind of sympathy whatsoever. The feeling of all good citizens that such a hideous crime shall not be hideously punished by mob violence is due not in the least to sympathy for the criminal, but to a very lively sense of the train of dreadful consequences which follows the course taken by the mob in exacting inhuman vengeance for an inhuman wrong.”

Theodore Roosevelt (1858–1919) American politician, 26th president of the United States

1900s, Letter to Winfield T. Durbin (1903)

“I propose that it shall be no longer malum in se for a citizen to pummel, cowhide, kick, gouge, cut, wound, bruise, maim, burn, club, bastinado, flay, or even lynch a [government] jobholder, and that it shall be malum prohibitum only to the extent that the punishment exceeds the jobholder’s deserts. The amount of this excess, if any, may be determined very conveniently by a petit jury, as other questions of guilt are now determined. The flogged judge, or Congressman, or other jobholder, on being discharged from hospital — or his chief heir, in case he has perished — goes before a grand jury and makes a complaint, and, if a true bill is found, a petit jury is empaneled and all the evidence is put before it. If it decides that the jobholder deserves the punishment inflicted upon him, the citizen who inflicted it is acquitted with honor. If, on the contrary, it decides that this punishment was excessive, then the citizen is adjudged guilty of assault, mayhem, murder, or whatever it is, in a degree apportioned to the difference between what the jobholder deserved and what he got, and punishment for that excess follows in the usual course.”

H.L. Mencken (1880–1956) American journalist and writer

"The Malevolent Jobholder," The American Mercury (June 1924), p. 156
1920s

“When a man is about to build a house, what a power of thinking he has to do, before he can safely break ground!”

Charles Sanders Peirce (1839–1914) American philosopher, logician, mathematician, and scientist

The Architecture of Theories (1891)
Context: Of the fifty or hundred systems of philosophy that have been advanced at different times of the world's history, perhaps the larger number have been, not so much results of historical evolution, as happy thoughts which have accidently occurred to their authors. An idea which has been found interesting and fruitful has been adopted, developed, and forced to yield explanations of all sorts of phenomena. … The remaining systems of philosophy have been of the nature of reforms, sometimes amounting to radical revolutions, suggested by certain difficulties which have been found to beset systems previouslv in vogue; and such ought certainly to be in large part the motive of any new theory. … When a man is about to build a house, what a power of thinking he has to do, before he can safely break ground! With what pains he has to excogitate the precise wants that are to be supplied. What a study to ascertain the most available and suitable materials, to determine the mode of construction to which those materials are best adapted, and to answer a hundred such questions! Now without riding the metaphor too far, I think we may safely say that the studies preliminary to the construction of a great theory should be at least as deliberate and thorough as those that are preliminary to the building of a dwelling-house.

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Catherine the Great 29

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