by James Otis, 1764
But let the origin of government be placed where it may, the end of it is manifestly the good of the whole. Salus populi supreme lex esto, is of the law of nature, and part of that grand charter given the human race, (tho’ too many of them are afraid to assert it,) by the only monarch in the universe, who has a clear and indisputable right to absolute power; because he is the only One who is omniscient as well as omnipotent...
The end of government being the good of mankind, points out its great duties: It is above all things to provide for the security, the quiet, and happy enjoyment of life, liberty, and property. There is no one act which a government can have a right to make, that does not tend to the advancement of the security, tranquility and prosperity of the people. If life, liberty and property could be enjoyed in as great perfection in solitude, as in society, there would be no need of government. But the experience of ages has proved that such is the nature of man, a weak, imperfect being; that the valuable ends of live cannot be obtained without the union and assistance of many. Hence ’tis clear that men cannot live apart or independent of each other: In solitude men would perish; and yet they cannot live together without contests. These contests require some arbitrator to determine them. The necessity of a common, indifferent and impartial judge, makes all men seek one; tho’ few find him in the sovereign power, of their respective states or any where else in subordination to it...
The form of government is by nature and by right so far left to the individuals of each society, that they may alter it from a simple democracy or government of all over all, to any other form they please. Such alteration may and ought to be made by express compact: But how seldom this right has been asserted, history will abundantly show. For once that it has been fairly settled by compact; fraud force or accident have determined it an hundred times. As the people have gained upon tyrants, these have been obliged to relax, only till a fairer opportunity has put it in their power to encroach again.
But if every prince since Nimrod had been a tyrant, it would not prove a right to tyranize. There 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.
Friday, May 28, 2010
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