Unless the weaker party have a veto, either upon the making, or
the enforcement of laws, they have no power whatever in the
government, and can of course have no liberties except such as
the stronger party, in their arbitrary discretion, see fit to
permit them to enjoy.
In England and the United States, the trial by jury is the only
institution that gives the weaker party any veto upon the power
of the stronger. Consequently it is the only institution, that
gives them any effective voice in the government, or any guaranty
against oppression.
Suffrage, however free, is of no avail for this purpose; because
the suffrage of the minority is overborne by the suffrage of the
majority, and is thus rendered powerless for purposes of
legislation. The responsibility of officers can be made of no
avail, because they are responsible only to the majority. The
minority, therefore, are wholly without rights in the government,
wholly at the mercy of the majority, unless, through the trial by
jury, they have a veto upon such legislation as they think
unjust.
Government is established for the protection of the weak against
the strong. This is the principal, if not the sole, motive for
the establishment of all legitimate government. Laws, that are
sufficient for the protection of the weaker party, are of course
sufficient for the protection of the stronger party; because the
strong can certainly need no more protection than the weak. It
is, therefore, right that the weaker party should be represented
in the tribunal which is finally to determine what legislation
may be enforced; and that no legislation shall be enforced
against their consent. They being presumed to be competent judges
of what kind of legislation makes for their safety, and what for
their injury, it must be presumed that any legislation, which
they object to enforcing, tends to their oppression, and not to
their security.
There is still another reason why the weaker party, or the
minority, should have a veto upon all legislation which they
disapprove. That reason is, that that is the only means by which
the government can be kept within the limits of the contract,
compact, or constitution, by which the whole people agree to
establish government. If the majority were allowed to interpret
the compact for themselves, and enforce it according to their own
interpretation, they would, of course, make it authorize them to
do whatever they wish to do.
Public-domain text, read in full here on John Shaqi.
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