These
proportions are so entirely governed by convention that in some cases
the minority decides. The laws in many countries to _condemn_ require
more than a mere majority; less than an equal number to _acquit_. In our
judicial trials we require unanimity either to condemn or to absolve. In
some incorporations one man speaks for the whole; in others, a few.
Until the other day, in the Constitution of Poland unanimity was
required to give validity to any act of their great national council or
diet. This approaches much more nearly to rude Nature than the
institutions of any other country. Such, indeed, every commonwealth must
be, without a positive law to recognize in a certain number the will of
the entire body.
If men dissolve their ancient incorporation in order to regenerate their
community, in that state of things each man has a right, if he pleases,
to remain an individual. Any number of individuals, who can agree upon
it, have an undoubted right to form themselves into a state apart and
wholly independent. If any of these is forced into the fellowship of
another, this is conquest and not compact.
Pages:
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247