If it be said that the majority should be allowed to rule, not
because they are stronger than the minority, but because their
superior numbers furnish a probability that they are in the
right; one answer is, that the lives, liberties, and properties
of men are too valuable to them, and the natural presumptions are
too strong in their favor, to justify the destruction of them by
their fellow-men on a mere balancing of probabilities, or on any
ground whatever short of certainty beyond a reasonable doubt.
This last is the moral rule universally recognized to be binding
upon single individuals. And in the forum of conscience the same
rule is equally binding upon governments, for governments are
mere associations of individuals. This is the rule on which the
trial by jury is based. And it is plainly the only rule that
ought to induce a man to submit his rights to the adjudication of
his fellow-men, or dissuade him from a forcible defence of them.
Another answer is, that if two opposing parties could be supposed
to have no personal interests or passions involved, to warp their
judgments, or corrupt their motives, the fact that one of the
parties was more numerous than the other, (a fact that leaves the
comparative intellectual competency of the two parties entirely
out of consideration,) might, perhaps, furnish a slight, but at
best only a very slight, probability that such party was on the
side of justice. But when it is considered that the parties are
liable to differ in their intellectual capacities, and that one,
or the other, or both, are undoubtedly under the influence of
such passions as rivalry, hatred, avarice, and ambition.
passions that are nearly certain to pervert their judgments, and
very likely to corrupt their motives, all probabilities founded
upon a mere numerical majority, in one party, or the other,
vanish at once; and the decision of the majority becomes, to all
practical purposes, a mere decision of chance. And to dispose of
men's properties, liberties, and lives, by the mere process of
enumerating such parties, is not only as palpable gambling as was
ever practised, but it is also the most atrocious that was ever
practised, except in matters of government. And where
government is instituted on this principle, (as in the United States, for
example,) the nation is at once converted into one great gambling
establishment; where all the rights of men are the stakes; a few
bold bad men throw the dice (dice loaded with all the hopes,
fears, interests, and passions which rage in the breasts of
ambitious and desperate men,) and all the people, from the
interests they have depending, become enlisted, excited,
agitated, and generally corrupted, by the hazards of the game.
Public-domain text, read in full here on John Shaqi.
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