Webster Thayer Quotes

A deep-seated ambivalence has always characterized the official response to the political prisoner. Charged and tried for the criminal act, his guilt is always political in nature. This ambivalence is perhaps best captured by Judge Webster Thayer’s comment upon sentencing Bartolomeo Vanzetti to fifteen years for an attempted payroll robbery: “This man, although he may not have actually committed the crime attributed to him, is nevertheless morally culpable, because he is an enemy of our existing institutions.” (The very same judge incidentally, sentences Sacco and Vanzetti3 to death for a robbery and murder of which they were manifestly innocent.)4 It is not surprising that Nazi Germany’s foremost constitutional lawyer, Carl Schmitt, advanced the theory which generalized this a priori culpability. A thief, for example, was not necessarily one who had committed an overt act of theft, but rather one whose character renders him a thief (wer nach seinem wesen ein Dieb ist).

This man, although he may not have actually committed the crime attributed to him, is nevertheless morally culpable, because he is the enemy of our existing institutions. [Case of Nicola Sacco and Bartolomeo Vanzetti 1916-1927]