Secondly, the delegation we are here considering is not, as the word in its most obvious sense may seem to imply, the act of one man committing to another a function which, strictly speaking, it became him to exercise for himself. Delegation, in every instance in which it can be reconciled with justice, proposes for its object the general good. The individuals to whom the delegation is made are either more likely, from talents or leisure, to perform the function in the most eligible manner, or there is at least some public interest requiring that it should be performed by one or a few persons, rather than by every individual for himself. This is the case whether in that first and simplest of all political delegations, the prerogative of a majority, or in the election of a house of representatives, or in the appointment of public officers. Now all contest as to the person who shall exercise a certain function and the propriety of resigning it is frivolous the moment it is decided how and by whom it can most advantageously be exercised. It is of no consequence that I am the parent of a child when it has once been ascertained that the child will live with greater benefit under the superintendence of a stranger.
Lastly, it is a mistake to imagine that the propriety of restraining me, when my conduct is injurious, rises out of any delegation of mine.
The justice of employing force upon certain emergencies was at least equally cogent be fore the existence of society. Force ought never to be resorted to but in cases of absolute necessity; and, when such cases occur, it is the duty of every man to defend himself from violation. There is therefore no delegation necessary on the part of the offender; but the community, in the censure it exercises over him, puts itself in the place of the injured party.
From what is here stated, we may be enabled to form the clearest and most unexceptionable idea of the nature of government. Every man, as was formerly observed, has a sphere of discretion; that sphere is limited by the co-ordinate sphere of his neighbour. The maintenance of this limitation, the office of taking care that no man exceeds his sphere, is the first business of government. Its powers, in this respect, are a combination of the powers of individuals to control the excesses of each other. Hence is derived to the individuals of the community a second and indirect province, of providing, by themselves or their representatives, that this control is not exercised in a despotical manner, or carried to an undue excess.
It may perhaps be imagined by some persons that the doctrine here delivered, of the justice of proceeding in common concerns by a common deliberation, is nearly coincident with that which affirms a lawful government to derive its authority from a social contract. Let us consider what is the true difference between them: and this seems principally to lie in the following particular.
The principle of a social contract is an engagement to which a man is bound by honour, fidelity or consistency to adhere. According to the principle here laid down, he is bound to nothing. He joins in the common deliberation because he foresees that some authority will be exercised, and because this is the best chance that offers itself for approximating the exercise of that authority, to the dictates of his own understanding. But, when the deliberation is over, he finds himself as much disengaged as ever.
If he conform to the mandate of authority, it is either because he individually approves it, or from a principle of prudence, because he foresees that a greater mass of evil will result from his disobedience than of good.
He obeys the freest and best constituted authority, upon the same principle that would lead him, in most instances, to yield obedience to a despotism;Chapter nly with this difference, that, if the act of authority be erroneous, he finds it less probable that it will be corrected in the first instance than in the second, since it proceeds from the erroneous judgement of a whole people. -- But all this will appear with additional evidence when we come to treat of the subject of obedience.
Too much stress has undoubtedly been laid upon the idea, as of a grand and magnificent spectacle, of a nation deciding for itself upon some great public principle, and of the highest magistracy yielding its claims when the general voice has pronounced. The value of the whole must at last depend upon the quality of their decision. Truth cannot be made more true by the number of its votaries. Nor is the spectacle much less interesting of a solitary individual, bearing his undaunted testimony in favour of justice, though opposed by misguided millions. Within certain limits however the beauty of the exhibition may be acknowledged. That a nation should exercise undiminished its function of common deliberation is a step gained, and a step that inevitably leads to an improvement of the character of individuals.
That men should agree in the assertion of truth is no unpleasing evidence of their virtue. Lastly, that an individual, how ever great may be his imaginary elevation, should be obliged to yield his personal pretensions to the sense of the community at least bears the appearance of a practical confirmation of the great principle that all private considerations must yield to the general good.