Five Foundational Truths from James Otis, Jr.

By: Michael Boldin

 

James Otis Jr. was one of the most important leaders of the American Revolution – yet today, he is almost completely forgotten. Years before the Declaration of Independence, he laid the intellectual foundation for the revolution by championing natural rights, property rights, and the necessity of resisting tyranny. To commemorate his birthday – February 5, 1725 – this article explores five fundamental truths that Otis taught, truths we ignore at our own peril.

1. Natural Rights: The Foundation of Liberty

James Otis rooted his philosophy in the belief that natural rights are inherent to all individuals, preceding and superseding any government authority. He argued that these rights are not granted by rulers but are an unalienable gift from nature and God.

“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.”

This principle echoed John Locke, who described natural liberty as freedom from any superior power on earth, bound only by the law of nature. Otis explained that this principle is the basis of free and independent states:

“This is the liberty of independent states; this is the liberty of every man out of society, and who has a mind to live so; which liberty is only abridged in certain instances, not lost to those who are born in or voluntarily enter into society; this gift of God cannot be annihilated.”

Today, many assume that when the founders and old revolutionaries spoke of “the natural liberty of man,” they deliberately excluded women. But James Otis rejected such a notion outright.

“Are not women born as free as men? Would it not be infamous to assert that the ladies are all slaves by nature?”

Likewise, many today assume they all supported slavery – but, again, that was not the case with Otis.

“The Colonists are by the law of nature free born, as indeed all men are, white or black.”

Citing Montesquieu, he warned that slavery could drive both Europe and America into darkness:

“No better reasons can be given, for enslaving those of any color than such as baron Montesquieu has humorously given, as the foundation of that cruel slavery exercised over the poor Ethiopians; which threatens one day to reduce both Europe and America to the ignorance and barbarity of the darkest age.”

Otis left no room for doubt – he saw slavery as one of the gravest violations of the law of nature.

“Nothing better can be said in favor of a trade, that is the most shocking violation of the law of nature.”

2. No Liberty Without Property Rights. And Consent

For Otis, liberty and property rights were inseparable. He argued that personal security depended on protection from government intrusion:

“Now one of the most essential branches of English liberty is the freedom of one’s house. A man’s house is his castle; and whilst he is quiet, he is as well guarded as a prince in his castle.”

Property rights were not just about possessions – they were about consent:

“Now can there be any liberty, where property is taken away without consent?”

Without property rights secured by consent, freedom cannot exist. If property can be taken at will, liberty is reduced to nothing more than an illusion, and the people are left in a state of political slavery.

“No man can take my property from me, without my consent: If he does, he deprives me of my liberty, and makes me a slave.”

Once property can be seized without consent, no other rights remain secure:

“For what one civil right is worth a rush, after a man’s property is subject to be taken from him at pleasure, without his consent? If a man is not his own assessor in person, or by deputy, his liberty is gone, or lays intirely at the mercy of others.”

3. Government Must Have Strict Limits

If government has no strict limits, if those in power can change the law at will, no rights – natural or otherwise – are safe. Otis believed that a constitution must be fixed, not subject to the whims of rulers:

“In all free states, the constitution is fixed.”

Because government derives its authority from the constitution, it has no power beyond what is explicitly delegated to it. Even the smallest step beyond constitutional limits sets a dangerous precedent.

“And as the supreme legislative derives its power and authority from the constitution, it cannot overleap the bounds of it without destroying its own foundation.”

Any exercise of power beyond the limits of the constitution was, to Otis, nothing but arbitrary rule – one of the grievances included in the Declaration of Independence.

“Arbitrary; which in plain English means no more than do as one pleases.”

The preservation of liberty depended on strict adherence to the constitution, which must uphold these key principles:

• To govern by stated laws.
• Those laws should have no other end ultimately, but the good of the people.
• Taxes are not to be laid on the people, but by their consent in person, or by deputation.
• Their whole power is not transferable.

For Otis – anything outside the limits of the constitution was NO LAW AT ALL.

“An act against the constitution is void.”

4. Submission and Compliance Guarantees Tyranny

To Otis, a free people were defined by one principle: they obeyed only those laws that stayed within the bounds of the constitution – nothing more, nothing less.

“To obey such laws, and submit to such taxations only as we consent to, is the peculiar happiness of British subjects, and the invaluable privilege of Englishmen. This is our felicity, and this is what characterizes us a free people.”

He had no patience for those who promoted the opposite – passive obedience:

“He that would palm the doctrine of unlimited passive obedience and non-resistance upon mankind, is not only a fool and a knave, but a rebel against common sense, as well as the laws of God, of Nature, and his Country.”

Once people stop resisting tyranny, they are already enslaved:

“It is always safer to oppose any the least infraction of our happy constitution, than prudently to acquiesce for the preservation of peace.”

5. To Remain Free, Resistance Must Come Early and Often

Otis’ final warning was clear: resistance must be swift and unyielding against even the smallest violation of the constitution or liberty.

“It is my countrymen of the utmost consequence that we boldly oppose the least infraction of our charter, and rights as men.”

He invoked a Latin phrase meaning “nip it in the bud”:

“Obsta Principiis is a maxim never to be forgot: If we do not resist at the first attack, it may soon be too late.”

The Enduring Legacy of James Otis

The principles James Otis Jr. championed were not mere theories – they were essential pillars of liberty that required constant resolve and action:

• Natural rights are the foundation of liberty.
• There is no liberty without property rights and consent.
• Government must have strict limits or it becomes tyranny.
• Submission and compliance guarantee tyranny.
• To remain free, resistance must come early and often.

These truths, once the driving force of the American Revolution, are just as vital today. Disregarding these principles invites the very tyranny James Otis, Jr. warned against.

“So long as people submit to arbitrary measures, so long will they find masters.”