Another answer is, that if the stronger party use their power
unjustly, they will hold it by an uncertain tenure, especially in
a community where knowledge is diffused; for knowledge will
enable the weaker party to make itself in time the stronger
party. It also enables the weaker party, even while it remains
the weaker party, perpetually to annoy, alarm, and injure their
oppressors. Unjust power, or rather power that is grossly
unjust, and that is known to be so by the minority, can be
sustained only at the expense of standing armies, and all the
other machinery of force; for the oppressed party are always
ready to risk their lives for purposes of vengeance, and the
acquisition of their rights, whenever there is any tolerable
chance of success. Peace, safety, and quiet for all, can be
enjoyed only under laws that obtain the consent of all. Hence
tyrants frequently yield to the demands of justice from those
weaker than themselves, as a means of buying peace and safety.
Still another answer is, that those who are in the majority on
one law, will be in the minority on another. All, therefore, need
the benefit of the veto, at some time or other, to protect
themselves from injustice.
That the limits, within which legislation would, by this process,
be confined, would be exceedingly narrow, in comparison with
those it at present occupies, there can be no doubt. All
monopolies, all special privileges, all sumptuary laws, all
restraints upon any traffic, bargain, or contract, that was
naturally lawful, [1] all restraints upon men's natural rights,
the whole catalogue of mala prohibita, and all taxation to which
the taxed parties had not individually, severally, and freely
consented, would be at an end; because all such legislation
implies a violation of the rights of a greater or less minority.
This minority would disregard, trample upon, or resist, the
execution of such legislation, and then throw themselves upon a
jury of the whole people for justification and protection. In
this way all legislation would be nullified, except the
legislation of that general nature which impartially protected
the rights, and subserved the interests, of all. The only
legislation that could be sustained, would probably be such as
tended directly to the maintenance of justice and liberty; such,
for example, as should contribute to the enforcement of
contracts, the protection of property, and the prevention and
punishment of acts intrinsically criminal. In short, government
in practice would be brought to the necessity of a strict
adherence to natural law, and natural justice, instead of being,
as it now is, a great battle, in which avarice and ambition are
constantly fighting for and obtaining advantages over the natural
rights of mankind.
[1] Such as restraints upon banking, upon the rates of interest,
upon traffic with foreigners, &e;., &c;.
APPENDIX
TAXATION
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