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,[117] 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.
[Footnote 117: Such as restraints upon banking, upon the rates of
interest, upon traffic with foreigners, &c., &c.]
APPENDIX.
TAXATION.
Public-domain text, read in full here on John Shaqi.
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