Government is founded not on force, as was the theory of Hobbes; nor on compact, as was the theory of Locke and of the revolution of 1688; nor on property, as was the assertion of Harrington. It springs from the necessities of our nature, and has an everlasting foundation in the unchangeable will of God.
James OtisMAY it please your Honors: I was desired by one of the court to look into the books, and consider the question now before them concerning Writs of Assistance.
James OtisGovernment is founded not on force, as was the theory of Hobbes; nor on compact, as was the theory of Locke and of the revolution of 1688; nor on property, as was the assertion of Harrington. It springs from the necessities of our nature, and has an everlasting foundation in the unchangeable will of God.
James OtisThere can be no prescription old enough to supersede the Law of Nature and the grant of God Almighty, who has given to all men a natural right to be free, and they have it ordinarily in their power to make themselves so, if they please.
James OtisAnd I take this opportunity to declare, that... I will to my dying day oppose with all the powers and faculties God has given me, all such instruments of slavery on the one hand, and villainy on the other, as this writ of assistance is. It appears to me the worst instrument of arbitrary power, - the most destructive of English liberty and the fundamental principles of law, that ever was found in an English law book.
James Otis