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… - H. L. Mencken

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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.

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About H. L. Mencken

Henry Louis Mencken (12 September 1880 – 29 January 1956), known as H. L. Mencken, was a twentieth-century journalist, satirist, social critic, cynic, and freethinker, known as the "Sage of Baltimore" and the "American Nietzsche". He is often regarded as one of the most influential American writers of the early 20th century.

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Alternative Names: Henry Louis Mencken
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Additional quotes by H. L. Mencken

The strange American ardor for passing laws, the insane belief in regulation and punishment, plays into the hands of the reformers, most of them quacks themselves. Their efforts, even when honest, seldom accomplish any appreciable good. The Harrison Act, despite its cruel provisions, has not diminished drug addiction in the slightest. The Mormons, after years of persecution, are still Mormons, and one of them is now a power in the Senate. Socialism in the United States was not laid by the Espionage Act; it was laid by the fact that the socialists, during the war, got their fair share of the loot. Nor was the stately progress of osteopathy and chiropractic halted by the early efforts to put them down. Oppressive laws do not destroy minorities; they simply make bootleggers.

College football would be much more interesting if the faculty played instead of the students, and even more interesting if the trustees played. There would be a great increase in broken arms, legs, and necks, and simultaneously an appreciable diminution in the loss of humanity.

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The Jews could be put down very plausibly as the most unpleasant race ever heard of. As commonly encountered they lack any of the qualities that mark the civilized man: courage, dignity, incorruptibility, ease, confidence. They have vanity without pride, voluptuousness without taste, and learning without wisdom. Their fortitude, such as it is, is wasted upon puerile objects, and their charity is mainly a form of display.

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