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Updated: June 12, 2025
And, indeed, the examinations in the trial did not succeed in bringing any evidence against the marquis beyond moral presumptions, which, it appears, were insufficient to induce his judges to award a sentence of death.
Long before the day of which I told you in the last chapter, I had already observed the regularity in these visions, and had formed a presumption from it, concerning the relation of their causes. A presumption I say not without value for all that. All that we call proofs are presumptions of different degrees of certainty. Nietzsche scornfully says that God is but a presumption. It is so.
See, now, how consonant he is to himself, when he asserts a doctrine which takes us off from life, health, indolence, and integrity of the senses, and says that those things we beg of the gods are nothing to us, though most agreeable to life and to the common presumptions.
In consonance with this doctrine, it is felt to be an overstepping of the proper bounds of authority to fix beforehand, on some general presumption, that certain persons are not fit to do certain things. It is now thoroughly known and admitted that if some such presumptions exist, no such presumption is infallible.
In a History of this strange affair written at the time, by Daniel Horsmanden, one of the Justices of the Supreme Court, we read, "The whole summer was spent in the prosecutions. A coincidence of slight circumstances was magnified, by the general terror, into violent presumptions.
Now, when I show the consequence of his bribery, the presumptions that arise from his own bribes, his attention to secure others from the punishment of theirs, and, when ordered to carry on a suit, his discharging it, when we see all this, can we avoid judging and forming our opinions upon two grand points: first, that no man would proceed in that universal patronage of guilt, unless he was guilty himself; next, that, by a universal connivance for fourteen years, he is himself the cause and mainspring of all the evils, calamities, extortion, and bribery, that have prevailed and ravaged that country for so long a time?
From the Fallacies which are properly Prejudices, or presumptions antecedent to, and superseding, proof, we pass to those which lie in the incorrect performance of the proving process.
And the subsequent insertion of the name of Pocahontas of which we have given examples above into old accounts that had no allusion to her, adds new and strong presumptions to the belief that Smith invented what is known as the Pocahontas legend.
'Such as they were, say you, 'I am willing to stand by them: What I have offered, I have offered modestly: according to the utmost light I had into those scriptures upon which they are bottomed; having not arrived unto such a peremptory way of dictatorship, as what I render must be taken for laws binding to others in faith and practice; and therefore express myself by suppositions, strong presumptions, and fair seeming conclusions from the premises.
If it be said that the majority should be allowed to rule, not because they are stronger than the minority, but because their superior numbers furnish a probability that they are in the right; one answer is, that the lives, liberties, and properties of men are too valuable to them, and the natural presumptions are too strong in their favor, to justify the destruction of them by their fellow-men on a mere balancing of probabilities, or on any ground whatever short of certainty beyond a reasonable doubt.
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