"The first of these purposes, which alone can have an uninterrupted
claim upon us, is sufficiently answered by an association of such an
extent as to afford room for the institution of a jury, to decide upon
the offences of individuals within the community, and upon the questions
and controversies respecting property which may chance to arise."[75]
This jury would decide not according to any system of law, but according
to reason.[76]--"It might be easy indeed for an offender to escape from
the limits of so petty a jurisdiction; and it might seem necessary at
first that the neighboring parishes or jurisdictions should be governed
in a similar manner, or at least should be willing, whatever was their
form of government, to co-operate with us in the removal or reformation
of an offender whose present habits were alike injurious to us and to
them. But there will be no need of any express compact, and still less
of any common centre of authority, for this purpose. General justice and
mutual interest are found more capable of binding men than signatures
and seals."[77]
The second function would present itself to us only from time to time.
"However irrational might be the controversy of parish with parish in
such a state of society, it would not be the less possible. Such
emergencies can only be provided against by the concert of several
districts, declaring and, if needful, enforcing the dictates of
justice."[78] Foreign invasions too would make such a concert necessary,
and would to this extent resemble those controversies.[79] Therefore it
would be "necessary upon certain occasions to have recourse to national
assemblies, or in other words assemblies instituted for the joint
purpose of adjusting the differences between district and district, and
of consulting respecting the best mode of repelling foreign
invasion."[80]--But they "ought to be employed as sparingly as the
nature of the case will admit."[81] For, in the first place, the
decision is given by the number of votes, and "is determined, at best,
by the weakest heads in the assembly, but, as it not less frequently
happens, by the most corrupt and dishonorable intentions."[82] In the
second place, as a rule the members are guided in their decisions by
all sorts of external reasons, and not solely by the results of their
free reflection.[83] In the third place, they are forced to waste their
strength on petty matters, while they cannot possibly let themselves be
quietly influenced by argument.[84] Therefore national assemblies should
"either never be elected but upon extraordinary emergencies, like the
dictator of the ancient Romans, or else sit periodically, one day for
example in a year, with a power of continuing their sessions within a
certain limit. The former is greatly to be preferred."[85]
Public-domain text, read in full here on John Shaqi.
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