“Daily the Negro is coming more and more to look upon law and justice, not as protecting safeguards, but as sources of humiliation and oppression. The laws are made by men who have little interest in him; they are executed by men who have absolutely no motive for treating the black people with courtesy and consideration; and, finally, the accused law-breaker is tried, not by his peers, but too often by men who would rather punish ten innocent Negroes than let one guilty one escape.”

— W.E.B. Du Bois , book The Souls of Black Folk

Source: The Souls of Black Folk (1903), Ch. IX: Of the Sons of Master and Man

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W.E.B. Du Bois 62

American sociologist, historian, activist and writer 1868–1963

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“The law will never make men free; it is men who have got to make the law free.”

Henry David Thoreau (1817–1862) 1817-1862 American poet, essayist, naturalist, and abolitionist

Slavery in Massachusetts http://thoreau.eserver.org/slavery.html (1854)

“I have ever had the single aim of justice in view. No judge who is influenced by any other consideration is fit for the bench. 'Do equal and exact justice,' is my motto, and I have often said to the grand jury, 'Permit no innocent man to be punished, but let no guilty man escape.”

Isaac Parker (1838–1896) American politician

September 1, 1896, reported in Homer Croy, He Hanged Them High (1952), p. 218.

“The natural leaning of our minds is in favour of prisoners; and in the mild manner in which the laws of this country are executed, it has rather been a subject of complaint by some that the Judges have given way too easily to mere formal objections on behalf of prisoners, and have been too ready on slight grounds to make favourable representations of their cases. Lord Hale himself, one of the greatest and best men who ever sat in judgment, considered this extreme facility as a great blemish, owing to which more offenders escaped than by the manifestation of their innocence.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

We must, however, take care not to carry this disposition too far, lest we loosen the bands of society, which is kept together by the hope of reward, and the fear of punishment. It has been always considered, that the Judges in our foreign possessions abroad were not bound by the rules of proceeding in our Courts here. Their laws are often altogether distinct from our own. Such is the case in India and other places. On appeals to the Privy Council from our colonies, no formal objections are attended to, if the substance of the matter or the corpus delicti sufficiently appear to enable them to get at the truth and justice of the case.
King v. Suddis (1800), 1 East, 314. Lord Kenyon is later reported to have written, "I once before had occasion to refer to the opinion of a most eminent Judge, who was a great Crown lawyer, upon the subject, I mean Lord Hale; who even in his time lamented the too great strictness which had been required in indictments, and which had grown to be a blemish and inconvenience in the law; and observed that more offenders escaped by the over easy ear given to exceptions in indictments than by their own innocence". King v. Airey (c. 1800), 2 East, 34.

“It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

“I get paid for seeing that my clients have every break the law allows. I have knowingly defended a number of guilty men. But the guilty never escape unscathed. My fees are sufficient punishment for anyone.”

F. Lee Bailey (1933) American lawyer

Los Angeles Times, January 9, 1972.

“The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one-third of the States. Must they be allowed to finally fail of execution, even had it been perfectly clear that by the use of the means necessary to their execution some single law, made in such extreme tenderness of the citizen's liberty that practically it relieves more of the guilty than of the innocent, should to a very limited extent be violated? To state the question more directly, Are all the laws but one to go unexecuted, and the Government itself go to pieces lest that one be violated? Even in such a case, would not the official oath be broken if the Government should be overthrown when it was believed that disregarding the single law would tend to preserve it?”

Abraham Lincoln (1809–1865) 16th President of the United States

Source: 1860s, Fourth of July Address to Congress (1861)

“Lincoln maintains there that the Declaration of Independence asserts that the negro is equal to the white man, and that under Divine law, and if he believes so it was rational for him to advocate negro citizenship, which, when allowed, puts the negro on an equality under the law. I say to you in all frankness, gentlemen, that in my opinion a negro is not a citizen, cannot be, and ought not to be, under the Constitution of the United States. I will not even qualify my opinion to meet the declaration of one of the Judges of the Supreme Court in the Dred Scott case, “that a negro descended from African parents, who was imported into this country as a slave is not a citizen, and cannot be.” I say that this Government was established on the white basis. It was made by white men, for the benefit of white men and their posterity forever, and never should be administered by any except white men. I declare that a negro ought not to be a citizen, whether his parents were imported into this country as slaves or not, or whether or not he was born here. It does not depend upon the place a negro’s parents were born, or whether they were slaves or not, but upon the fact that he is a negro, belonging to a race incapable of self-government, and for that reason ought not to be on an equality with white men.”

Stephen A. Douglas (1813–1861) American politician

Fourth Lincoln-Douglass Debate http://www.nps.gov/liho/learn/historyculture/debate4.htm (September 1858)
1850s

“The basic principal of this government is the will of the people. A system was devised by its founders which seemed to insure the means of ascertaining that will and of enacting it into legislation and supporting it through the administration of the law. This was to be accomplished by electing men to make, and men to execute the laws, who, would represent in the laws so made and executed the will of the people. This was the establishment of a representative government, where every man had equal voice, equal rights, and equal responsibilities. Have we such a government today? Or is this country fast coming to be dominated by forces that threaten the true principle of representative government?”

Robert M. La Follette Sr. (1855–1925) American politician

“The Danger Threatening Representative Government” Speech (1897) http://www.wisconsinhistory.org/pdfs/lessons/EDU-SpeechTranscript-SpeechesLaFollette-DangerThreatening.pdf

“Man fears the responsibility of being free. It is often easier to let others make the decisions or to rely upon the letter of the law. Some men want to be slaves. After enslaving themselves to the letter of the law, such men always go on to deny freedom to others. They will not rest until they have imposed the same oppressive burdens upon everyone”

Albert Nolan (1934) South African priest and activist

Source: Jesus Before Christianity: The Gospel of Liberation (1976), p. 71.
Context: The leaders and scholars of Jesus’ time had first enslaved themselves to the law. This not only enhanced their prestige in society, it also gave them a sense of security. Man fears the responsibility of being free. It is often easier to let others make the decisions or to rely upon the letter of the law. Some men want to be slaves. After enslaving themselves to the letter of the law, such men always go on to deny freedom to others. They will not rest until they have imposed the same oppressive burdens upon everyone (Matt 23:4,15).

“If two men are adrift at sea on a plank which will bear up but one, the law justifies either in pushing the other off. I never had to struggle to keep a negro from enslaving me, nor did a negro ever have to fight to keep me from enslaving him.”

Abraham Lincoln (1809–1865) 16th President of the United States

1860s, Speech at Hartford (1860)
Context: The proposition that there is a struggle between the white man and the negro contains a falsehood. There is no struggle. If there was, I should be for the white man. If two men are adrift at sea on a plank which will bear up but one, the law justifies either in pushing the other off. I never had to struggle to keep a negro from enslaving me, nor did a negro ever have to fight to keep me from enslaving him. They say, between the crocodile and the negro they go for the negro. The logical proportion is therefore; as a white man is to a negro, so is a negro to a crocodile; or, as the negro may treat the crocodile, so the white man may treat the negro. The 'don't care' policy leads just as surely to nationalizing slavery as Jeff Davis himself, but the doctrine is more dangerous because more insidious.

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W.E.B. Du Bois 62

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