s that this government, which is formed by the free
consent of all, has no powers except such as _all_ the parties to it
have individually agreed that it shall have; and especially that it has
no power to pass any _laws_, except such as _all_ the parties have
agreed that it may pass.
This theory supposes that there may be certain laws that will be
beneficial to _all_,--so beneficial that _all_ consent to be taxed for
their maintenance. For the maintenance of these specific laws, in which
all are interested, all associate. And they associate for the
maintenance of those laws _only_, in which _all_ are interested. It
would be absurd to suppose that all would associate, and consent to be
taxed, for purposes which were beneficial only to a part; and especially
for purposes that were injurious to any. A government of the whole,
therefore, can have no powers except such as _all_ the parties consent
that it may have. It can do nothing except what _all_ have consented
that it may do. And if any portion of the people,--no matter how large
their number, if it be less than the whole,--desire a government for any
purposes other than those that are common to all, and desired by all,
they must form a separate association for those purposes. They have no
right,--by perverting this government of the whole, to the
accomplishment of purposes desired only by a part,--to compel any one to
contribute to purposes that are either useless or injurious to himself.
Such being the principles on which the government is formed, the
question arises, how shall this government, when formed, be kept within
the limits of the contract by which it was established? How shall this
government, instituted by the whole people, agreed to by the whole
people, supported by the contributions of the whole people, be confined
to the accomplishment of those purposes alone, which the whole people
desire? How shall it be preserved from degenerating into a mere
government for the benefit of a part only of those who established, and
who support it? How shall it be prevented from even injuring a part of
its own members, for the aggrandizement of the rest? Its laws must be,
(or at least now are,) passed, and most of its other acts performed, by
mere agents,--agents chosen by a part of the people, and not by the
whole. How can these agents be restrained from seeking their own
interests, and the interests of those who elected them, at the expense
of the rights of the rema
|