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.
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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