Page:The American Democrat, James Fenimore Cooper, 1838.djvu/62

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56
ON LIBERTY.

Of this nature is the present government of France. In that country the ancient dynasty has been set aside by a combination of leaders, through the agency of a few active spirits among the mass, and a prince put upon the throne, who is virtually invested with all the authority of his predecessor. Still, as the right of the last sovereign is clearly derived from a revolution, which has been made to assume the appearance of popular will, his government is termed a government of the people. This is a fallacy that can deceive no one of the smallest reflection. Such a system may be the best that France can now receive, but it is a mystification to call it by any other than its proper name. It is not a government of consultation, but one of pure force as respects a vast majority of Frenchmen.

A good deal of the same objection lies against the government of Great Britain, which, though freer in practice than that of France, is not based on a really free system. It may be said that both these governments are as free as comports with discretion, as indeed may be said of Turkey, since men get to be disqualified for the possession of any advantage in time; but such an admission is only an avowal of unfitness, and not a proof of enjoyment.

It is usual to maintain, that in democracies the tyranny of majorities is a greater evil than the oppression of minorities in narrow systems. Although this evil is exaggerated, since the laws being equal in their action it is not easy to oppress the few without oppressing all, it undeniably is the weak side of a popular government. To guard against this, we have framed constitutions, which point out the cases in which the majority shall decide, limiting their power, and bringing that they do possess within the circle of certain general and just principles. It will be elswhere shown that it is a great mistake for the American cit-