It is this power of vetoing all partial and oppressive legislation, and
of restricting the government to the maintenance of such laws as the
_whole_, or substantially the whole, people _are agreed in_, that makes
the trial by jury "the palladium of liberty." Without this power it
would never have deserved that name.
The will, or the pretended will, of the majority, is the last lurking
place of tyranny at the present day. The dogma, that certain individuals
and families have a divine appointment to govern the rest of mankind, is
fast giving place to the one that the larger number have a right to
govern the smaller; a dogma, which may, or may not, be less oppressive
in its practical operation, but which certainly is no less false or
tyrannical in principle, than the one it is so rapidly supplanting.
Obviously there is nothing in the nature of majorities, that insures
justice at their hands. They have the same passions as minorities, and
they have no qualities whatever that should be expected to prevent them
from practising the same tyranny as minorities, if they think it will
be for their interest to do so.
There is no particle of truth in the notion that the majority have a
_right_ to rule, or to exercise arbitrary power over, the minority,
simply because the former are more numerous than the latter. Two men
have no more natural right to rule one, than one has to rule two. Any
single man, or any body of men, many or few, have a natural right to
maintain justice for themselves, and for any others who may need their
assistance, against the injustice of any and all other men, without
regard to their numbers; and majorities have no right to do any more
than this. The relative numbers of the opposing parties have nothing to
do with the question of right. And no more tyrannical principle was ever
avowed, than that the will of the majority ought to have the force of
law, without regard to its justice; or, what is the same thing, that the
will of the majority ought always to be presumed to be in accordance
with justice. Such a doctrine is only another form of the doctrine that
might makes right.
Public-domain text, read in full here on John Shaqi.
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