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uthority originates in the will of the majority。 Am I then; in contradiction with myself?
A general law … which bears the name of Justice … has been made and sanctioned; not only by a majority of this or that people; but by a majority of mankind。 The rights of every people are consequently confined within the limits of what is just。 A nation may be considered in the light of a jury which is empowered to represent society at large; and to apply the great and general law of justice。 Ought such a jury; which represents society; to have more power than the society in which the laws it applies originate?
When I refuse to obey an unjust law; I do not contest the right which the majority has of commanding; but I simply appeal from the sovereignty of the people to the sovereignty of mankind。 It has been asserted that a people can never entirely outstep the boundaries of justice and of reason in those affairs which are more peculiarly its own; and that consequently; full power may fearlessly be given to the majority by which it is represented。 But this language is that of a slave。
A majority taken collectively may be regarded as a being whose opinions; and most frequently whose interests; are opposed to those of another being; which is styled a minority。 If it be admitted that a man; possessing absolute power; may misuse that power by wronging his adversaries; why should a majority not be liable to the same reproach? Men are not apt to change their characters by agglomeration; nor does their patience in the presence of obstacles increase with the consciousness of their strength。 *c And for these reasons I can never willingly invest any number of my fellow… creatures with that unlimited authority which I should refuse to any one of them。
'Footnote c: No one will assert that a people cannot forcibly wrong another people; but parties may be looked upon as lesser nations within a greater one; and they are aliens to each other: if; therefore; it be admitted that a nation can act tyrannically towards another nation; it cannot be denied that a party may do the same towards another party。'
I do not think that it is possible to combine several principles in the same government; so as at the same time to maintain freedom; and really to oppose them to one another。 The form of government which is usually termed mixed has always appeared to me to be a mere chimera。 Accurately speaking there is no such thing as a mixed government (with the meaning usually given to that word); because in all communities some one principle of action may be discovered which preponderates over the others。 England in the last century; which has been more especially cited as an example of this form of Government; was in point of fact an essentially aristocratic State; although it comprised very powerful elements of democracy; for the laws and customs of the country were such that the aristocracy could not but preponderate in the end; and subject the direction of public affairs to its own will。 The error arose from too much attention being paid to the actual struggle which was going on between the nobles and the people; without considering the probable issue of the contest; which was in reality the important point。 When a community really has a mixed government; that is to say; when it is equally divided between two adverse principles; it must either pass through a revolution or fall into complete dissolution。
I am therefore of opinion that some one social power must always be made to predominate over the others; but I think that liberty is endangered when this power is checked by no obstacles which may retard its course; and force it to moderate its own vehemence。
Unlimited power is in itself a bad and dangerous thing; human beings are not competent to exercise it with discretion; and God alone can be omnipotent; because His wisdom and His justice are always equal to His power。 But no power upon earth is so worthy of honor for itself; or of reverential obedience to the rights which it represents; that I would consent to admit its uncontrolled and all…predominant authority。 When I see that the right and the means of absolute command are conferred on a people or upon a king; upon an aristocracy or a democracy; a monarchy or a republic; I recognize the germ of tyranny; and I journey onward to a land of more hopeful institutions。
In my opinion the main evil of the present democratic institutions of the United States does not arise; as is often asserted in Europe; from their weakness; but from their overpowering strength; and I am not so much alarmed at the excessive liberty which reigns in that country as at the very inadequate securities which exist against tyranny。
When an individual or a party is wronged in the United States; to whom can he apply for redress? If to public opinion; public opinion constitutes the majority; if to the legislature; it represents the majority; and implicitly obeys its injunctions; if to the executive power; it is appointed by the majority; and remains a passive tool in its hands; the public troops consist of the majority under arms; the jury is the majority invested with the right of hearing judicial cases; and in certain States even the judges are elected by the majority。 However iniquitous or absurd the evil of which you complain may be; you must submit to it as well as you can。 *d
'Footnote d: A striking instance of the excesses which may be occasioned by the despotism of the majority occurred at Baltimore in the year 1812。 At that time the war was very popular in Baltimore。 A journal which had taken the other side of the question excited the indignation of the inhabitants by its opposition。 The populace assembled; broke the printing…presses; and attacked the houses of the newspaper editors。 The militia was called out; but no one obeyed the call; and the only means of saving the poor wretches who were threatened by the frenzy of the mob was to throw them into prison as common malefactors。 But even this precaution was ineffectual; the mob collected again during the night; the magistrates again made a vain attempt to call out the militia; the prison was forced; one of the newspaper editors was killed upon the spot; and the others were left for dead; the guilty parties were acquitted by the jury when they were brought to trial。
I said one day to an inhabitant of Pennsylvania; 〃Be so good as to explain to me how it happens that in a State founded by Quakers; and celebrated for its toleration; freed blacks are not allowed to exercise civil rights。 They pay the taxes; is it not fair that they should have a vote?〃
〃You insult us;〃 replied my informant; 〃if you imagine that our legislators could have committed so gross an act of injustice and intolerance。〃
〃What! then the blacks possess the right of voting in this county?〃
〃Without the smallest doubt。〃
〃How comes it; then; that at the polling…booth this morning I did not perceive a single negro in the whole meeting?〃
〃This is not the fault of the law: the negroes have an undisputed right of voting; but they voluntarily abstain from making their appearance。〃
〃A very pretty piece of modesty on their parts!〃 rejoined I。
〃Why; th