Frases de Charles Evans Hughes

When we lose the right to be different, we lose the privilege to be free.
Discurso em Faneuil Hall, Boston, Massachusetts, sobre o 150o aniversário da Batalha de Bunker Hill (17 junho 1925)
Variante: Quando se perde o direito de ser diferente, perdemos o privilégio de ser livre.

We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution.
Discurso perante a Câmara de Comércio, Elmira, Nova York (3 maio 1907), publicada no "Addresses and Papers of Charles Evans Hughes", governador de Nova Iorque, 1906-1908 (1908), p. 139

Speech before the Chamber of Commerce, Elmira, New York (3 May 1907); published in Addresses and Papers of Charles Evans Hughes, Governor of New York, 1906–1908 (1908), p. 139

Speech to the American Bar Association (2 September 1925).
Contexto: The most ominous spirit of our times, as it seems to me, is the indication of the growth of an intolerent spirit. It is the more dangerous when armed, as it usually is, with sincere conviction. It is a spirit whose wrath must be turned away by the soft answers of a sweet reasonableness. It can be exorcised only by invoking the Genius which watched over our infancy and has guided our development— a good Genius— still potent let us believe — the American spirit of civil and religious liberty. Our institutions were not devised to bring about uniformity of opinion; if they had we might well abandon hope. It is important to remember, as has well been said, "the essential characteristic of true liberty is that under its shelter many different types of life and character and opinion and belief can develop unmolested and unobstructed."

The Pathway of Peace (1923)
Contexto: We may gain something in our quest for peace if we recognize at once that war is not an abnormality. In the truest sense, it is not the mere play of brute force. It is the expression of the insistent human will, inflexible in its purpose.
When we consider the inability to maintain a just peace attests to the failure of civilization itself, we may be less confident of the success of any artificial contrivances to prevent war. We must recognize that we are dealing with the very woof and warp of human nature. The war to end war has left its curse of hate, its lasting injuries, its breeding grounds of strife, and to secure an abiding peace appears to be more difficult than ever. There is no advantage to shutting our eyes to the facts; nor should we turn in disgust of panaceas to the counsel of despair. The pathway of peace is the longest and most beset with obstacles the human race has to tread; the goal may be distant, but we must press on.

The Pathway of Peace (1923)
Contexto: There is no path to peace except as the will of peoples may open to it. The way of peace is through agreement, not through force. The question then is not of any ambitious scheme to prevent war, but simply of the constant effort, which is the highest task of statesmanship in relation to every possible cause of strife, to diminish a people's disposition to resort to force and to find a just and reasonable basis for accord. If the energy, ability, and sagacity equal to that now devoted to preparation for war could be concentrated upon such efforts aided by the urgent demands of an intelligent public opinion, addressed not to impossibilities but to the removal or adjustment of actual differences, we should make a sure approach to our goal.

As quoted in Charles Evans Hughes (1951) by Merlo J. Pusey, Vol. II, p. 794
Contexto: We still proclaim the old ideals of liberty but we cannot voice them without anxiety in our hearts. The question is no longer one of establishing democratic institutions but of preserving them. … The arch enemies of society are those who know better but by indirection, misstatement, understatement, and slander, seek to accomplish their concealed purposes or to gain profit of some sort by misleading the public. The antidote for these poisons must be found in the sincere and courageous efforts of those who would preserve their cherished freedom by a wise and responsible use of it. Freedom of expression gives the essential democratic opportunity, but self-restraint is the essential civic discipline.

The Pathway of Peace (1923)
Contexto: It is not surprising that many should be captivated by the proposal, with its delusive simplicity and adequacey, for the outlawry of war. War should be made a crime, and those who instigate it should be punished as criminals. The suggestion, however futile in itself, has at least the merit of bringing us to the core of the problem. Even among its sponsors appear at once the qualifications which reflect the old distinction, so elaborately argued by Grotius, between just and unjust wars. "The grounds of war," said he, " are as numerous as those of judicial actions. For where the power of law ceases, there war begins." He found the justifiable causes generally assigned for war to be three — defense, indemnity, and punishment. War is self-help, and the right to make war has been recognized as the corollary of independence, the permitted means by which injured nations protect their territory and maintain their rights. International law leaves aggrieved states who cannot obtain redress for their wrongs by peaceful means to exact it by force. If war is outlawed, other means of redress of injuries must be provided. Moreover, few, if any, intend to outlaw self-defense, a right still accorded to individuals under all systems of law. To meet this difficulty, the usual formula is limited to wars of aggression. But justification for war, as recently demonstrated, is ready at hand for those who desire to make war, and there is rarely a case of admitted aggression, or where on each side the cause is not believed to be just by the peoples who support the war.
There is a further difficulty that lies deeper. There is no lawgiver for independent States. There is no legislature to impose its will by majority vote, no executive to give effect even to accepted rules. The outlawry of war necessarily implies a self-imposed restraint, and free peoples, jealous of their national safety, of their freedom of opportunity, of the rights and privileges they deem essential to their well-being, will not forego the only sanction at their command in extreme exigencies. The restraints they may be willing to place upon themselves will always be subject to such conditions as will leave them able to afford self-protection by force, and in this freedom there is abundant room for strife sought to be justified by deep-seated convictions of national interests, by long-standing grievances by the apprehension of aggression to be forestalled. The outlawry of war, by appropriate rule of law making war a crime, requires the common accord needed to establish and maintain a rule of international law, the common consent to abandon war; and the suggested remedy thus implies a state of mind in which no cure is needed. As the restraint is self-imposed it will prove to be of avail only while there is a will to peace.

Speech to the American Bar Association (2 September 1925).
Contexto: The most ominous spirit of our times, as it seems to me, is the indication of the growth of an intolerent spirit. It is the more dangerous when armed, as it usually is, with sincere conviction. It is a spirit whose wrath must be turned away by the soft answers of a sweet reasonableness. It can be exorcised only by invoking the Genius which watched over our infancy and has guided our development— a good Genius— still potent let us believe — the American spirit of civil and religious liberty. Our institutions were not devised to bring about uniformity of opinion; if they had we might well abandon hope. It is important to remember, as has well been said, "the essential characteristic of true liberty is that under its shelter many different types of life and character and opinion and belief can develop unmolested and unobstructed."

Charles Evans Hughes, De Jonge v. Oregon, 299 U.S. 353, 365 (1937).
Judicial opinions
Contexto: Freedom of speech and of the press are fundamental rights which are safeguarded by the due process clause of the Fourteenth Amendment of the Federal Constitution. [... ] The right of peaceable assembly is a right cognate to those of free speech and free press, and is equally fundamental. As this Court said in United States v. Cruikshank, 92 U. S. 542, 552: The very idea of a government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect to public affairs and to petition for a redress of grievances. The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause. [... ] These rights may be abused by using speech or press or assembly in order to incite to violence and crime. The people, through their legislatures may protect themselves against that abuse. But the legislative intervention, can find constitutional justification only by dealing with the abuse. The rights themselves must not be curtailed. The greater the importance of safeguarding the community from incitements to the overthrow of our institutions by force and violence, the more imperative is the need to preserve inviolate the constitutional rights of free speech, free press and free assembly in order to maintain the opportunity for free political discussion, to the end that government may be responsive to the will of the people and that changes, if desired, may be obtained by peaceful means. Therein lies the security of the Republic, the very foundation of constitutional government.

Conditions of Progress in Democratic Government (1909).
Contexto: No greater mistake can be made than to think that our institutions are fixed or may not be changed for the worse. … Increasing prosperity tends to breed indifference and to corrupt moral soundness. Glaring inequalities in condition create discontent and strain the democratic relation. The vicious are the willing, and the ignorant are unconscious instruments of political artifice. Selfishness and demagoguery take advantage of liberty. The selfish hand constantly seeks to control government, and every increase of governmental power, even to meet just needs, furnishes opportunity for abuse and stimulates the effort to bend it to improper uses... The peril of this Nation is not in any foreign foe! We, the people, are its power, its peril, and its hope!

Conditions of Progress in Democratic Government (1909).
Contexto: No greater mistake can be made than to think that our institutions are fixed or may not be changed for the worse. … Increasing prosperity tends to breed indifference and to corrupt moral soundness. Glaring inequalities in condition create discontent and strain the democratic relation. The vicious are the willing, and the ignorant are unconscious instruments of political artifice. Selfishness and demagoguery take advantage of liberty. The selfish hand constantly seeks to control government, and every increase of governmental power, even to meet just needs, furnishes opportunity for abuse and stimulates the effort to bend it to improper uses... The peril of this Nation is not in any foreign foe! We, the people, are its power, its peril, and its hope!

The Pathway of Peace (1923)
Contexto: The only real progress to abiding peace is found in the friendly disposition of peoples and … facilities for maintaining peace are useful only to the extent that this friendly disposition exists and finds expression. War is not only possible, but probable, where mistrust and hatred and desire for revenge are the dominant motives. Our first duty is at home with our own opinion, by education and unceasing effort to bring to naught the mischievous exhortation of chauvinists; our next is to aid in every practicable way in promoting a better feeling among peoples, the healing of wounds, and the just settlement of differences.

The Pathway of Peace (1923)
Contexto: Time has shown how illusory are alliances of great powers so far as the maintenance of peace is concerned.
In considering the use of international force to secure peace, we are again brought to the fundamental necessity of common accord. If the feasibility of such a force be conceded for the purpose of maintaining adjudications of legal right, this is only because such an adjudication would proceed upon principles commonly accepted, and thus forming part of international law, and upon the common agreement to respect the decision of an impartial tribunal in the application of such principles. This is a limited field where force is rarely needed and where the sanctions of public opinion and the demands of national honor are generally quite sufficient to bring about acquiescence in judicial awards. But in the field of conflicting national policies, and what are deemed essential interests, when the smoldering fires of old grievances have been fanned into a flame by a passionate sense of immediate injury, or the imagination of peoples is dominated by apprehension of present danger to national safety, or by what is believed to be an assault upon national honor, what force is to control the outbreak? Great powers agreeing among themselves may indeed hold small powers in check. But who will hold great powers in check when great powers disagree?.

Opposing Article X of the Covenant of the League of Nations which would obligate members of the League of Nations to collective response. As quoted in Autobiographical Notes of Charles Hughes (1973) edited by D. J. Danelski and J. S. Tulchin
Contexto: I think that it is a fallacy to suppose that helpful cooperation in the future will be assured by the attempted compulsion of an inflexible rule. Rather will such cooperation depend upon the fostering of firm friendships springing from an appreciation of community ideals, interests, and purposes, and such friendships are more likely to be promoted by freedom of conference than by the effort to create hard and fast engagements.

The Pathway of Peace (1923)
Contexto: We may gain something in our quest for peace if we recognize at once that war is not an abnormality. In the truest sense, it is not the mere play of brute force. It is the expression of the insistent human will, inflexible in its purpose.
When we consider the inability to maintain a just peace attests to the failure of civilization itself, we may be less confident of the success of any artificial contrivances to prevent war. We must recognize that we are dealing with the very woof and warp of human nature. The war to end war has left its curse of hate, its lasting injuries, its breeding grounds of strife, and to secure an abiding peace appears to be more difficult than ever. There is no advantage to shutting our eyes to the facts; nor should we turn in disgust of panaceas to the counsel of despair. The pathway of peace is the longest and most beset with obstacles the human race has to tread; the goal may be distant, but we must press on.

As quoted in Charles Evans Hughes (1951) by Merlo J. Pusey, Vol. II, p. 794
Contexto: We still proclaim the old ideals of liberty but we cannot voice them without anxiety in our hearts. The question is no longer one of establishing democratic institutions but of preserving them. … The arch enemies of society are those who know better but by indirection, misstatement, understatement, and slander, seek to accomplish their concealed purposes or to gain profit of some sort by misleading the public. The antidote for these poisons must be found in the sincere and courageous efforts of those who would preserve their cherished freedom by a wise and responsible use of it. Freedom of expression gives the essential democratic opportunity, but self-restraint is the essential civic discipline.

The Pathway of Peace (1923)
Contexto: Time has shown how illusory are alliances of great powers so far as the maintenance of peace is concerned.
In considering the use of international force to secure peace, we are again brought to the fundamental necessity of common accord. If the feasibility of such a force be conceded for the purpose of maintaining adjudications of legal right, this is only because such an adjudication would proceed upon principles commonly accepted, and thus forming part of international law, and upon the common agreement to respect the decision of an impartial tribunal in the application of such principles. This is a limited field where force is rarely needed and where the sanctions of public opinion and the demands of national honor are generally quite sufficient to bring about acquiescence in judicial awards. But in the field of conflicting national policies, and what are deemed essential interests, when the smoldering fires of old grievances have been fanned into a flame by a passionate sense of immediate injury, or the imagination of peoples is dominated by apprehension of present danger to national safety, or by what is believed to be an assault upon national honor, what force is to control the outbreak? Great powers agreeing among themselves may indeed hold small powers in check. But who will hold great powers in check when great powers disagree?.

The Pathway of Peace (1923)
Contexto: It is not surprising that many should be captivated by the proposal, with its delusive simplicity and adequacey, for the outlawry of war. War should be made a crime, and those who instigate it should be punished as criminals. The suggestion, however futile in itself, has at least the merit of bringing us to the core of the problem. Even among its sponsors appear at once the qualifications which reflect the old distinction, so elaborately argued by Grotius, between just and unjust wars. "The grounds of war," said he, " are as numerous as those of judicial actions. For where the power of law ceases, there war begins." He found the justifiable causes generally assigned for war to be three — defense, indemnity, and punishment. War is self-help, and the right to make war has been recognized as the corollary of independence, the permitted means by which injured nations protect their territory and maintain their rights. International law leaves aggrieved states who cannot obtain redress for their wrongs by peaceful means to exact it by force. If war is outlawed, other means of redress of injuries must be provided. Moreover, few, if any, intend to outlaw self-defense, a right still accorded to individuals under all systems of law. To meet this difficulty, the usual formula is limited to wars of aggression. But justification for war, as recently demonstrated, is ready at hand for those who desire to make war, and there is rarely a case of admitted aggression, or where on each side the cause is not believed to be just by the peoples who support the war.
There is a further difficulty that lies deeper. There is no lawgiver for independent States. There is no legislature to impose its will by majority vote, no executive to give effect even to accepted rules. The outlawry of war necessarily implies a self-imposed restraint, and free peoples, jealous of their national safety, of their freedom of opportunity, of the rights and privileges they deem essential to their well-being, will not forego the only sanction at their command in extreme exigencies. The restraints they may be willing to place upon themselves will always be subject to such conditions as will leave them able to afford self-protection by force, and in this freedom there is abundant room for strife sought to be justified by deep-seated convictions of national interests, by long-standing grievances by the apprehension of aggression to be forestalled. The outlawry of war, by appropriate rule of law making war a crime, requires the common accord needed to establish and maintain a rule of international law, the common consent to abandon war; and the suggested remedy thus implies a state of mind in which no cure is needed. As the restraint is self-imposed it will prove to be of avail only while there is a will to peace.

Reported in Justice William O. Douglas, The Court Years (1980), p. 8

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

"Important Work of Uncle Sam's Lawyers", American Bar Association Journal (April 1931), p. 238, reprinting an address to the Federal Bar Association, Washington, D.C. (February 11, 1931), where the chief justice spoke of the "extraordinary development of administrative agencies of the government and of the lawyer's part in making them work satisfactorily and also in protecting the public against bureaucratic excesses", according to the article's subtitle

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Lovell v. City of Griffin, 303 U.S. 444 (1938).
Judicial opinions

As quoted in Ethics and Citizenship (1924) by John Walter Wayland, p. 208.

"The Supreme Court of the United States: Its Foundation, Methods and Achievements," Columbia University Press, p. 50 (1928). ISBN 1-893122-85-9.

Reported in "Keeping Politics out of the Court", The New York Times (December 9, 1984); quoted in The HarperCollins Dictionary of American Government and Politics (1992) by Jay M. Shafritz, p. 407

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Near v. Minnesota, 283 U.S. 697 (1931).
Judicial opinions

Statement of May 1908, quoted in "Reauthorization of The Civil Rights Division of The United States Department of Justice" (15 May 2003) US House of Representatives.

Address at Faneuil Hall, Boston, Massachusetts, on the 150th anniversary of the Battle of Bunker Hill (17 June 1925).