WIST Quotations

Twain, Mark -- Essay (1906), “The Gorky Incident,” Letters from the Earth (c. 1909; pub. 1962) [ed. DeVoto (1939)]

Dave — Fri, 12 Jun 2026 15:56:07 +0000

Custom is custom; it is built of brass, boiler iron, granite; facts, reasonings, arguments have no more effect upon it than the idle winds have upon Gibraltar.

Mark Twain (1835-1910) American writer [pseud. of Samuel Clemens]
Essay (1906), “The Gorky Incident,” Letters from the Earth (c. 1909; pub. 1962) [ed. DeVoto (1939)]
(Source)

Commenting on the eviction of Maxim Gorky from multiple hotels in New York City because the woman he was traveling with was not his wife. Twain was a supporter of Gorky's efforts to foment revolution in Tsarist Russia.

The essay was not published in Twain's lifetime. It's original publication was in the Slavonic and East European Review (1944-08), also edited by DeVoto.

Twain, Mark -- Essay (1906), “The Gorky Incident,” Letters from the Earth (c. 1909; pub. 1962) [ed. DeVoto (1939)]

Dave — Fri, 05 Jun 2026 15:40:41 +0000

Customs do not concern themselves with right or wrong or reason. But they have to be obeyed; one may reason all around them until he is tired, but he must not transgress them, it is sternly forbidden.

Twain, Mark -- Essay (1906), “The Gorky Incident,” Letters from the Earth (c. 1909; pub. 1962) [ed. DeVoto (1939)]

Dave — Fri, 15 May 2026 17:38:27 +0000

Laws are coldly reasoned out and established upon what the lawmakers believe to be a basis of right. But customs are not. Customs are not enacted, they grow gradually up, imperceptibly and unconsciously, like an oak from its seed. In the fullness of their strength they can stand up straight in front of a world of argument and reasoning and yield not an inch.

Malcolm X -- Autobiography of Malcolm X, ch. 1 (1964) [with Alex Haley]

Dave — Wed, 15 Apr 2026 18:38:38 +0000

Hence I have no mercy or compassion in me for a society that will crush people, and then penalize them for not being able to stand up under the weight.

Malcolm X (1925-1965) American revolutionary, religious leader [b. Malcolm Little]
Autobiography of Malcolm X, ch. 1 (1964) [with Alex Haley]
(Source)

Thoreau, Henry David -- Speech (1854-07-04), “Slavery in Massachusetts,” Anti-Slavery Celebration, Framingham, Massachusetts

Dave — Wed, 05 Mar 2025 23:36:10 +0000

I wish my countrymen to consider, that whatever the human law may be, neither an individual nor a nation can ever commit the least act of injustice against the obscurest individual, without having to pay the penalty for it. A government which deliberately enacts injustice, and persists in it, will at length even become the laughing-stock of the world.

Henry David Thoreau (1817-1862) American philosopher and writer
Speech (1854-07-04), “Slavery in Massachusetts,” Anti-Slavery Celebration, Framingham, Massachusetts
(Source)

After the conviction in Boston of Anthony Burns, under the Fugitive Slave Act of 1850. This led to large protests and an abolitionist riot at the Boston Courthouse, requiring Federal troops and state militia to ensure Burns' transport to a ship sailing to Virginia.

Cicero, Marcus Tullius -- De Legibus [On the Laws], Book 3, ch. 4 / sec. 11 (3.4/3.11) [Marcus] (c. 51 BC) [tr. Rudd (1998)]

Dave — Thu, 01 Jun 2023 18:15:44 +0000

If a person transgresses any of these rules, the penalty shall fit the crime.

[Quod quis earum rerum migrassit, noxiae poena par esto.]

Marcus Tullius Cicero (106-43 BC) Roman orator, statesman, philosopher
De Legibus [On the Laws], Book 3, ch. 4 / sec. 11 (3.4/3.11) [Marcus] (c. 51 BC) [tr. Rudd (1998)]
(Source)

A variant on the Latin legal maxim, culpae poenae par esto, usually rendered "Let the punishment fit the crime" (see also Gilbert & Sullivan, The Mikado (1885)).

(Source (Latin)). Alternate translations:

If any one shall infringe any of these laws, let him bear the penalty.
[tr. Barham (1842)]

If any one shall infringe any of these laws, let him be liable to a penalty.
[tr. Barham/Yonge (1878)]

The punishment for violation of any of these laws shall fit the offense.
[tr. Keyes (1928)]

Whatever of these someone has violated, let the penalty be equivalent to the crime.
[tr. Zetzel (1999)]

Whatever of these matters someone departs from, let there be a penalty equal to the wrongdoing.
[tr. Fott (2013)]

Whatever someone has violated, let the punishment match the offense.
[Bartelett's]

Black, Hugo -- Barenblatt v. United States, 360 U.S. 109, 144 (1959) [dissent]

Dave — Thu, 18 Aug 2022 15:57:36 +0000

The interest of the people as a whole [lies] in being able to join organizations, advocate causes, and make political “mistakes” without later being subjected to governmental penalties for having dared to think for themselves.

Hugo Black (1886-1971) American politician and jurist, US Supreme Court Justice (1937-71)
Barenblatt v. United States, 360 U.S. 109, 144 (1959) [dissent]
(Source)

Cicero, Marcus Tullius -- De Officiis [On Duties; On Moral Duty; The Offices], Book 1, ch. 25 (1.25) / sec. 89 (44 BC) [tr. Miller (1913)]

Dave — Thu, 19 May 2022 17:12:21 +0000

We should take care also that the punishment shall not be out of proportion to the offence, and that some shall not be chastised for the same fault for which others are not even called to account.

[Cavendum est etiam, ne maior poena quam culpa sit, et ne isdem de causis alii plectantur, alii ne appellentur quidem.]

Marcus Tullius Cicero (106-43 BC) Roman orator, statesman, philosopher
De Officiis [On Duties; On Moral Duty; The Offices], Book 1, ch. 25 (1.25) / sec. 89 (44 BC) [tr. Miller (1913)]
(Source)

(Source (Latin)). Alternate translations:

Diligent care should be taken, in the next place, that the penalty be proportioned to the nature of the crime; and that some do not pass without ever being questioned, while others are punished for the same misdemeanours.
[tr. Cockman (1699)]

Great care too must be taken, that the punishment be not greater than the offence; and that some should not be punished for the same offences, for which others are not called to account.
[tr. McCartney (1798)]

We ought, likewise, to take care that the punishment be proportioned to the offence, and that some be not punished for doing things for which others are not so much as called to account.
[tr. Edmonds (1865)]

Care also must be taken lest the punishment be greater than the fault, and lest for the same cause some be made penally responsible, and others not even called to account.
[tr. Peabody (1883)]

Again, we should never impose a penalty disproportioned to the offence or for the same crime punish one and let another go unchallenged.
[tr. Gardiner (1899)]

We must take care that the punishment is not in excess of the crime, and that it is not inflicted on some only while others equally guilty are not even brought to trial.
[ed. Harbottle (1906)]

One should also be careful that the punishment does not surpass the crime and that some people receive beatings while others do not even receive a reprimand.
[tr. Edinger (1974)]

Twain, Mark -- Essay (1906), “The Gorky Incident,” Letters from the Earth (c. 1909; pub. 1962) [ed. DeVoto (1939)]

Dave — Sun, 01 Feb 2004 19:00:00 +0000

Laws are sand, customs are rock. Laws can be evaded and punishment escaped, but an openly transgressed custom brings sure punishment. The penalty may be unfair, unrighteous, illogical, and a cruelty; no mater, it will be inflicted, just the same.