When _two_ men meet _one_ upon the highway, or in the wilderness, have
they a right to dispose of his life, liberty, or property at their
pleasure, simply because they are the more numerous party? Or is he
bound to submit to lose his life, liberty, or property, if they demand
it, merely because he is the less numerous party? Or, because they are
more numerous than he, is he bound to presume that they are governed
only by superior wisdom, and the principles of justice, and by no
selfish passion that can lead them to do him a wrong? Yet this is the
principle, which it is claimed should govern men in all their civil
relations to each other. Mankind fall in company with each other on the
highway or in the wilderness of life, and it is claimed that the more
numerous party, simply by virtue of their superior numbers, have the
right arbitrarily to dispose of the life, liberty, and property of the
minority; and that the minority are bound, by reason of their inferior
numbers, to practise abject submission, and consent to hold their
natural rights,--any, all, or none, as the case may be,--at the mere
will and pleasure of the majority; as if all a man's natural rights
expired, or were suspended by the operation of a paramount law, the
moment he came into the presence of superior numbers.
If such be the true nature of the relations men hold to each other in
this world, it puts an end to all such things as crimes, unless they be
perpetrated upon those who are equal or superior, in number, to the
actors. All acts committed against persons _inferior_ in number to the
aggressors, become but the exercise of rightful authority. And
consistency with their own principles requires that all governments,
founded on the will of the majority, should recognize this plea as a
sufficient justification for all crimes whatsoever.
If it be said that the majority should be allowed to rule, not because
they are stronger than the minority, but because their superior numbers
furnish a _probability_ that they are in the right; one answer is, that
the lives, liberties, and properties of men are too valuable to them,
and the natural presumptions are too strong in their favor, to justify
the destruction of them by their fellow-men on a mere balancing of
probabilities, _or on any ground whatever short of certainty beyond a
reasonable doubt_. This last is the moral rule universally recognized to
be binding upon single individuals. And in the forum of conscience the
same rule is equally binding upon governments, for governments are mere
associations of individuals. This is the rule on which the trial by jury
is based. And it is plainly the only rule that ought to induce a man to
submit his rights to the adjudication of his fellow-men, or dissuade him
from a forcible defence of them.
Public-domain text, read in full here on John Shaqi.
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