Page:John Adams - A Defence of the Constitutions of Government of the United States of America Vol. I. (1787).djvu/161

Rh " jut idea of liberty, and hewn the fality, o often repeated by almot all republican writers, that liberty conits in being ubject only to the laws."

I hall chearfully agree with Mr. Turgot, that it is very poible that laws, and even equal laws made by common conent, may deprive the minority of the citizens of their rights. A ociety, by a majority, may govern itelf, even by equal laws, that is by laws to which all, majority and minority, are equally ubjeft, o as to oppres the minority. It may etablih an uniformity in religion; it may retrain trade; it may confine peronal liberty of all equally, and againt the judgment of many, even of the bet and wiet, without reaonable motives, ue, or benefit. We may go farther, and ay, that a nation may be unanimous in conenting to a law retraining their natural liberty, property, and commerce, and their moral and religious liberties too, to a degree that may be prejudicial to the nation and every individual in it. A nation of Catholics might unanimouly conent to prohibit labour upon one half the days in the year, as feat days. The whole American nation might unanimouly conent to a Sunday law, and a warden act, which hould deprive them of the ue of their limbs one day in even. A nation may unanimouly agree to a navigation act, which hould hackle the commerce of all. Yet Dr. Price's definition of civil liberty is as liable to this objection as any other. Thee would all be equal laws, made with common conent: thee would all be acts of legitimate government. To take in Mr, Turgot's idea, then, we mut add to Dr. Price's ideas of equal laws by common conent, this other—for the general interet, or the public good. But it is generally uppoed, that nations