If publishers and editors exert themselves to keep certain topics out of print, it is not because they are frightened of prosecution but because they are frightened of public opinion. In this country intellectual cowardice is the worst enemy a writer or journalist has to face, and that fact does not seem to me to have had the discussion it deserves.
The love of life is necessary to the vigorous prosecution of any undertaking.1750-2 In The Rambler.
I can answer for but three things: a firm belief in the justice of ourcause, close attention in the prosecution of it, and the strictest integrity.1775 On being elected Commander of the Unionist Army,19 Jun.
Strength, the American way, is not manifested by threats of criminal prosecution or police state methods.Leadership is not manifested by coercion, even against the resented. Greatness is not manifested by unlimited pragmatism, which places such a high premium on the end justifying any means and any methods.Margaret Chase Smith
Human justice is very prolix, and yet at times quite mediocre; divine justice is more concise and needs no information from the prosecution, no legal papers, no interrogation of witnesses, but makes the guilty one his own informer and helps him with eternity’s memory."Eighteen Upbuilding Discourses, Against Cowardliness p. 351
A Judge ought to prepare his way to a just sentence, as God useth to prepare his way, by raising valleys and taking down hills: so when there appeareth on either side a high hand, violent prosecution, cunning advantages taken, combination, power, great counsel , then is the virtue of a Judge seen to make inequality equal; that he may plant his judgment as upon even ground.Bacon, " Essay on Judicature".
I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice.Lord Kenyon, Wakefield's Case (1799), 27 How. St. Tr. 736.
It is to the interest of the public that the suppression of a prosecution should not be made matter of private bargain.Erie, C.J., Clubb v. Hutson (1865), L. R. 18 C. B. Rep. (N. S.) 417.