- U.S. Supreme Court Justice Henry B. Brown.
"The abuses and perversions of sound principles which would creep into the law by yielding to arguments like these--to what is supposed to be necessary for the public good--cannot be better stated than it was by the late Justice Bradley in Boyd v. United States, 116 U.S. 616, 635. Said the learned justice:
"Illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as if it consisted more in sound than substance. It is the duty of courts to be watchful for the constitutional rights of the citizens, and against any stealthy encroachments thereon. Their motto should be obsta principiis."
- U.S. Supreme Court Justice Stephen J. Field, in dissent."The freedom of thought, of speech, and of the press; the right to bear arms; exemption from military dictation; security of the person and of the home; the right to speedy and public trial by jury; protection against oppressive bail and cruel punishment, are, together with exemption from self-crimination, the essential and inseparable features of English liberty. Each one of these features had been involved in the struggle above referred to in England within the century and a half immediately preceding the adoption of the Constitution, and the contests were fresh in the memories and traditions of the people at that time...."