Page:The American Democrat, James Fenimore Cooper, 1838.djvu/58

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52
ON LIBERTY.

The majority rules in prescribed cases, and in no other. It elects to office, it enacts ordinary laws, subject however to the restrictions of the constitution, and it decides most of the questions that arise in the primitive meetings of the people; questions that do not usually effect any of the principal interests of life.

The majority does not rule in settling fundamental laws, under the constitution; or when it does rule in such cases, it is with particular checks produced by time and new combinations; it does not pass judgment in trials at law, or under impeachment, and it is impotent in many matters touching vested rigths. In the state of New York, the majority is impotent, in granting corporations, and in appropriating money for local purposes.

Though majorities often decide wrong, it is believed that they are less liable to do so than minorities. There can be no question that the educated and affluent classes of a country, are more capable of coming to wise and intelligent decisions in affairs of state, than the mass of a population. Their wealth and leisure afford them opportunities for observation and comparison, while their general information and greater knowledge of character, enable them to judge more accurately of men and measures. That these opportunities are not properly used, is owing to the unceasing desire of men to turn their advantages to their own particular benefit, and to their passions. All history proves, when power is the sole possession of a few, that it is perverted to their sole advantage, the public suffering in order that their rulers may prosper. The same nature which imposes the necessity of governments at all, seems to point out the expediency of confiding its control, in the last resort, to the body of the nation, as the only lasting protection against gross abuses.