Page:Inquiry into the Principles and Policy of the Government of the United States.djvu/423

Rh tion the majority could only be ascertained by the votes of the centuries; and an agent cannot exist before a principal. If all the centuries legislate, not in person, but by representatives, the representative could not owe the duties of agency to the majority of centuries, both because his principal did not, and also because it is as impossible to ascertain this majority, as in the last case; this can only be effected by counting the votes of the centuries, personally, or by representation. Thus a duty to obey the instruction of an ideal majority, would divest the representative of the character of agent, and transform him into a despot, at liberty to pursue his own ambition, interest, caprice or vanity, without regard to any principal; and under pretence of loyalty to a nonentity, convert representatives into a succession of despots over real majorities.

Societies may give legislation whatever form they prefer. They may legislate by the majority of individuals. They may allot themselves into centuries or districts, and legislate by a majority of sections. Or they may legislate by representatives deputed aggregately or by sections. If they legislate in person, aggregately or in sections, this real nation cannot be considered as the minister of an ideal nation. If they legislate by representatives, chosen aggregately or in sections, the members of the society, are as much principals, whilst acting as electors, as they would have been acting as legislators, had they not resorted to representation. The idea that the whole society, acting aggregately or in sections, exercises only a ministerial authority, and not an inherent right, is not sustainable; because self governmert cannot be the donation of the society which it creates; and if election is a resource for exercising a natural right, and not the author of that right, this resource for preserving. could never have been intended to destroy the right, whether it was exercised individually or in sections. Voting in sections is as compleat an exercise of the natural right, as voting individually. Election by sections, is equivalent to aggregate election. And by dividing election into sections,