“But when we freed the slaves we did not say to them, 'Caste shall not grind you with the right hand, but it shall with the left'. We said, 'Caste shall not grind you at all, and you shall have the same guarantees of freedom that we have'. President Johnson defines the liberty springing from the Emancipation amendment as the right to labor and enjoy the fruit of labor to its fullest extent. It is easy to quarrel with this as with every definition. But it is good enough, and it is as true of Connecticut as of Missouri that no man fully enjoys the fruit of his labor who does not have an equality of right before the law and a voice in making the law. That is the final security of the commonwealth, and we are bound to help every citizen attain it, whether it be the foreigner who comes ignorant and wretched to our shores or the native whom a cruel prejudice opposes. Do you tell me that we have nothing to do with the State laws of Alabama? I answer that the people of the United States are the sole and final judges of the measures necessary to the full enjoyment of the freedom which they have anywhere bestowed. If we choose, we may trust a certain class in the unorganized States to secure this liberty, just as we might have chosen to trust Mister Vallandigham, Mister Horatio Seymour, and Mister Fernando Wood to carry on the war. But as we wanted honor and not dishonor, as we wanted victory and not surrender, we chose to trust it to Farragut and Sherman, to Sheridan and Grant. If you don't want a thing done, says the old proverb, send; if you do, go yourself. When Grant started. Uncle Sam went himself. So, if we don't care whether we keep our word to those whom we have freed, we may send, by leaving them to the tender mercies of those who despise and distrust them. But if we do care for our own honor and the national welfare, we shall go ourselves, and through a national bureau and voluntary associations of education and aid, or in some better way if it can be devised, keep fast hold of the hands of those whom the President calls our wards, and not relinquish those hands until we leave in them every guarantee of freedom that we ourselves enjoy.”

La crise du monde moderne (The Crisis of the Modern World) (1927)

Minersville School District v. Gobitis, 310 U.S. 586, 604 (1940).

Reported in Josiah Hotchkiss Gilbert, Dictionary of Burning Words of Brilliant Writers (1895), p. 95.

Johnson v. United States, 163 F. 30 (1st Cir. 1908) (Justice Holmes sitting by designation as a judge of the First Circuit).
1900s
Context: The major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is not an adequate discharge of duty for courts to say: We see what you are driving at, but you have not said it, and therefore we shall go on as before.

Anthem (1937)

Sketches of Border Adventures, 1842

1850s, The Present Aspect of the Slavery Question (1859)
Context: This negative doctrine of Mr. Douglas that there are no rights anterior to governments is the end of free society. If the majority of a political community have a right to establish slavery if they think it for their interest, they have the same right to declare who shall be enslaved. The doctrine simply substitutes the despotic, irresponsible tyranny of many for that of one. If the majority shall choose that the interest of the State requires the slaughter of all infants born lame, of all persons more than seventy years of age, they have the right to slaughter them, according to what is called the Democratic doctrine. Do you think this a ludicrous and extreme case? But if the majority have a right to deprive a man of his liberty at their pleasure, they have an equal right to take his life. For life is no more a natural right than liberty. The individual citizen, according to Mr. Douglas, is not secure in his person, in his property, in his family, for a single moment from the whim or the passion or the deliberate will of the majority, if expressed as law. Might is not right. I have the power to hold a child by the throat until he turns purple and dies. But I have not the right to do it. A State or a Territory has the power to steal a man's liberty or labor, and to hold him and his children's children forever in slavery. It has the power to do this to any man of any color, of any age, of any country, who is not strong enough to protect himself. But it has no more right to do it to an African than to an American or an Irishman, no more right to do it to the most ignorant and forsaken foreigner than to the prosperous and honored citizen of its own country. We are going to do what Patrick Henry did in Virginia, what James Otis and Samuel Adams did in Massachusetts, what the Sons of Liberty did in New York, ninety years ago. We are going to agitate, agitate, agitate. You say you want to rest. Very well, so do we — and don't blame us if you stuff your pillow with thorns. You say you are tired of the eternal Negro. Very well, stop trying to turn a man into a thing because he happens to be black, and you'll stop our mouths at the same time. But while you keep at your work, be perfectly sure that we shall keep at ours. If you are up at five o'clock, we shall be up at four. We shall agitate, agitate, agitate, until the Supreme Court, obeying the popular will, proclaims that all men have original equal rights which government did not give and cannot justly take away.

BBC broadcast (16 November 1934) on German rearmament, quoted in Martin Gilbert, Prophet of Truth: Winston S. Churchill, 1922–1939 (London: Minerva, 1990), p. 566
The 1930s

1950s, Loving Your Enemies (Christmas 1957)