Monday, June 27, 2011

James Otis, The Rights of the British Colonies Asserted and Proved, I.2.5

Otis treats it as axiomatic that the legitimacy of governmental authority is dependent upon the consent of the people. The deification of kings was a trick used to obviate this axiom, since only God's authority trumps that of the people. Otis mocks and ridicules such deification and notes that the prevention of this ruse is a good reason for separating religion from government.

Otis states the purpose of government succinctly:
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....In solitude men would perish; and yet they cannot live together without contests. These contests require some arbitrator to determine them.
Note the trio "life, liberty, and property."

Otis notes that the unwieldiness of direct democracy makes it necessary that the people appoint representatives of their will in government. The form of government (democracy, aristocracy, or monarchy) and the division of executive and legislative branches are questions which Otis says are for each society to decide. In any event, the people may depose their government when it acts against their interests.