Excerpts From James Otis

"THE RIGHTS OF THE BRITISH COLONIES "

1764

To say the parliament is absolute and arbitrary, is a contradiction. The parliament cannot make 2 and 2, 5: Omnipotency cannot do it. The supreme power in a state, is jus dicere only: � jus dare, strictly speaking, belongs alone to God. Parliaments are in all cases to declare what is for the good of the whole: but it is not the declaration of parliament that makes it so: There must be in every instance, a higher authority, viz. GOD. Should an act of parliament be against any of his natural laws, which are immutably true, their declaration would be contrary to eternal truth, equity and justice, and consequently void: and so it would be adjudged by the parliament itself, when convinced of their mistake. Upon this great principle, parliaments repeal such acts, as soon as they find they have been mistaken, in having declared them to be for the public good, when in fact they were not so. When such mistake is evident and palpable, as in the instances in the appendix, the judges of the executive courts have declared the act 'of a whole parliament void. ' See here the grandeur of the British constitution! See the wisdom of our ancestors!


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