And no more tyrannical principle was ever avowed, than that the will of the majority ought to have the force of law, without regard to its justice; or, what is the same thing, that the will of the majority ought always to be presumed to be in accordance with justice.
He condemns the principle that majority rule should be equated with justice, calling it tyrannical.
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When two men meet one upon the highway, or in the wilderness, have they a right to dispose of his life, liberty, or property at their pleasure, simply because they are the more numerous party?
It was simply, that they would neither convict the innocent, nor acquit the guilty.
Juries would refuse to enforce a tax against a man who had never agreed to pay it.
They are every day committing errors, which would be crimes, but for their ignorance of the law.