Collected Political Writings of James Otis. Otis James

of plantation prerogatives, which, as practised by most Governors and their tools, are six times more burthensome than those exercised by the King our Gracious Sovereign, within the Realm. There is not one Governor, in America that has been transported to avoid death, in the shape either of hunger or a halter, but who (by excercising half the condescention to an assembly, that the best and greatest Prince in the world every day is graciously pleased to discover towards his parliament) might make himself and the people under him tollerably happy. Let it be remembered, that one side being profess’d advocates for the Liberty of the Press, can’t with any face complain of that freedom in others, which they are so fond of themselves. Go on then Ev’ning Posts, Pimps, Parasites, Sycophants, Predicting Parsons and Pedagogues. I am ready for ye all, and would only hint to this last order of gentry, that they are Elective, and that no Governor has a negative in their choice. I intend one day or other to send into the world, thro’ the Ev’ning Post, a good piece or two upon Prerogative; having great reason to conclude that none of the above tribe understand their own side of the question. It being impossible to conceive from their words or actions, that it ever enter’d into their imaginations, that liberty and prerogative stand entirely upon the same basis, nay at bottom are the same; and that whenever the thing meant by either of these terms for the “public good” is misunderstood or misapplied, tyranny begins in the shape of one D——l or a Legion.

      In the mean time take a catalogue of the witnesses and standing monuments of the sublime and disinterested benevolence of the idols of a certain side, composing a junto, which I shall hereafter call the benefactors.—They have abus’d a worthy tho’ unfortunate man, after his innocence has been prov’d even upon a scrutiny truly and literally inquisitorial; having been made by those who had no authority of themselves to punish; and consequently there would be no great merit in forgiving.

      Nor civil officer commision’d by the Governor, can be displaced without the advice and consent of council.

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      This is or ought to be a great barrier to liberty. Tho’ it would be better if all officers were appointed during good behaviour. And I venture to maintain, that it will be impossible for civil government, ever to rise to the greatest perfection and glory it is capable of, until this be done.

      The benefactors owe so much of their wit and humor to humane reflections upon the poverty of others, that if they should be depriv’d of this single idea, their souls would instantly become rasae tabulae,¹³ except the idea of money. But upon recollection, they could not have the idea of riches, without that of poverty. They must see others poor, in order to form any notion of their own happiness.

      The mystery of keeping a country poor opens. It is to give higher relish to the pleasures of the rich, especially those of them who, may have pretty suddenly forgot they, were but a little while since, as poor in purse as they will ever remain in spirit.

      “Want is the scorn of every wealthy Fool,

      And wit in rags is turn’d to Ridicule.”

      Dryden

      Some other fruits of the benefactors are—A native town (once the happy and flourishing metropolis of a province) decay’d in its trade—what is left monopoliz’d by a few people in power, or their friends and favorites—Acts of parliament dispensed with, in favour of one party, and push’d with rigor against another—The inhabitants miserably burthen’d and oppress’d with taxes—Too many who by a misplaced confidence, have been rais’d to undeserved riches and honour, not only forsaking, but using their utmost influence at home and abroad against the place that first gave them birth & importance—A whole province deeply in debt, at least 3 millions old tenor.—Publick revenues anticipated and mortgaged for a number of years—Projects on foot for keeping the people poor in order to make them humble, to all generations—Legislative and executive trusts, from the highest to the lowest, in many instances united and blended in the same person, to a degree that nothing short of omnipreference can enable the possessor to discharge the several functions, as the good of the people requires—To say nothing of the incompatibility of such multiform trusts—The obstruction of public justice—The partiality, and affection that are inseparable from most modern politicians, who are therefore totally disqualified to administer justice—The absurdity of sometimes having in effect the same judges appeal’d to, as are appeal’d from, is obvious—Law Makers and judges should have none to

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      make them afraid—Neither of them should ever be concerned in or about elections; if they are, the fruits of such concern will be apt to show themselves on the bench and in the senate.

      Reader, have I discovered any thing new? do you see any earthen gods, that every knee should be made to bow before, or perish? can any mortal discern the blasphemy of squinting at those who grind the face of the poor without remorse, eat the bread of oppresion without fear, and wax fat upon the spoils of the people? When such benefactors are found, they had better be let alone, it is not prudent to rouse them, they may have long claws, go about seecking whom they may devour; and perhaps make a libel of any thing they please. It is one of the most sublime, wonderful wise maxims of the common law, as settled in the arbitrary reigns, that “truth is no justification of a libel.” Ratio Patet,¹⁴ the truth is not always to be spoken, nothing being so dangerous to most politicians. Juries indeed sometimes regard the truth, and upon its being prov’d have acquitted. But juries may in time grow to be an unfashionable and uncourtly part of our constitution, as the house of representatives, is already in a manner become; and as useless clogs to the benefactors, both may be exploded together. It is said a certain governor and council have in effect made divers acts and laws original and explanatory without consulting the house, tho’ sitting.—Witness the making establishments for arm’d vessels; and the case argued by four barristers, without party or appeal.

      When any of these things are mentioned, a cry of sedition is instantly raised, the whole army of dependents is in an uproar, and the military part of a house, what with the threats of broken heads and broad swords, really frighten their meek, and peaceable bretheren into any thing—I have nothing to say against the gentlemen of the blade acting in their sphere—But for politicians, their profession renders them unfit: A good soldier is bred in the only school of arbitrary power, that is necessary. This occasions a bias that is inseparable from the commander. I take this opportunity, to thank those of my countrymen, who have distinguished themselves in the late glorious war, and heartily wish they may be provided for as they deserve. But I never desire to see one of them in the senate, or in any civil employment. There is a rumor, that there will be a requisition upon the provinces to keep up a standing force in time of peace. Whether it will be for our interest to comply with such a demand, it will be time enough to determine when it is made? In the mean time, we are free to comply with or refuse such a proposal. And I hope the Freeholders of the Provinces will take care to return men another

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      year to represent them, who have no interest to serve in keeping up a standing army; such as don’t expect military commissions for themselves or others. As to our being obliged to do every thing ask’d of us, and the threats if we refuse, they are the arts of the benefactors, who daily give it out they are going to get an Act of Parliament to alter our charter constitution, take away the election of councellors, have all the custom house officers, and other boys, appointed as in the province of New Hampshire. But this is Prerogative puff. Are there not protectors, who have but their own unparalled impudence to protect themselves? There are seasons of stupidity, blindness and corruption, when but a distant hint at the enormities of those who are forging chains and shackles for their country, in the most bare faced manner, shall be deem’d seditious, libellous and traiterous; nay, according to one wizzard among the Benefactors, blasphemous. Every art shall be used to blacken the character of the supposed author of such a hint, to ruin his reputation and business, and deprive him, his wife and children, of their daily bread. When all other attempts fail, he shall be represented as a mad man, in order if possible, to lay a train to get the guardianship of his person, and the possession of what little estate he may have. This is a sort of fingering Haercredipeta