beforehand; and that if these twelve men give their consent to
the enforcement of the law, their consent shall stand for the
consent of the whole.
This is the mode, which the trial by jury provides, for keeping
the government within the limits designed by the whole people,
who have associated for its establishment. And it is the only
mode, provided either by the English or American constitutions,
for the accomplishment of that object.
But it will, perhaps, be said that if the minority can defeat the
will of the majority, then the minority rule the majority. But
this is not true in any unjust sense. The minority enact no laws
of their own. They simply refuse their assent to such laws of the
majority as they do not approve. The minority assume no authority
over the majority; they simply defend themselves. They do not
interfere with the right of the majority to seek their own
happiness in their own way, so long as they (the majority) do not
interfere with the minority. They claim simply not to be
oppressed, and not to be compelled to assist in doing anything
which they do not approve. They say to the majority, " We will
unite with you, if you desire it, for the accomplishment of all
those purposes, in which we have a common interest with you.
You can certainly expect us to do nothing more. If you do not choose
to associate with us on those terms, there must be two separate
associations. You must associate for the accomplishment of your
purposes; we for the accomplishment of ours."
In this case, the minority assume no authority over the majority;
they simply refuse to surrender their own liberties into the
hands of the majority. They propose a union; but decline
submission. The majority are still at liberty to refuse the
connection, and to seek their own happiness in their own way,
except that they cannot be gratified in their desire to become
absolute masters of the minority.
Public-domain text, read in full here on John Shaqi.
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