But, it may be asked, how can the minority be trusted to enforce
even such legislation as is equal and just? The answer is, that
they are as reliable for that purpose as are the majority; they
are as much presumed to have associated, and are as likely to
have associated, for that object, as are the majority; and they
have as much interest in such legislation as have the majority.
They have even more interest in it; for, being the weaker party,
they must rely on it for their security, having no other
security on which they can rely. Hence their consent to the
establishment of government, and to the taxation required for its
support, is presumed, (although it ought not to be presumed,)
without any express consent being given. This presumption of
their consent to be taxed for the maintenance of laws, would be
absurd, if they could not themselves be trusted to act in good
faith in enforcing those laws. And hence they cannot be presumed
to have consented to be taxed for the maintenance of any laws,
except such as they are themselves ready to aid in enforcing. It
is therefore unjust to tax them, unless they are eligible to
seats in a jury, with power to judge of the justice of the laws.
Taxing them for the support of the laws, on the assumption that
they are in favor of the laws, and at the same time refusing them
the right, as jurors, to judge of the justice of the laws, on the
assumption that they are opposed to the laws, are flat
contradictions.
But, it will be asked, what motive have the majority, when they
have all power in their own hands, to submit their will to the
veto of the minority?
One answer is, that they have the motive of justice. It would be
unjust to compel the minority to contribute, by taxation, to the
support of any laws which they did not approve.
Another answer is, that if the stronger party wish to use their
power only for purposes of justice, they have no occasion to fear
the veto of the weaker party; for the latter have as strong
motives for the maintenance of just government, as have the
former.
Public-domain text, read in full here on John Shaqi.
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