Next comes the question, how is this equality to be obtained? Are we to assign to a thousand poor men the property qualifications of five hundred rich men? and shall we give the thousand a power equal to that of the five hundred? or, if this is not to be the mode, ought we, still retaining the same ratio, to take equal numbers from each and give them the control of the elections and of the courts?- Which, according to the democratical notion, is the juster form of the constitution- this or one based on numbers only? Democrats say that justice is that to which the majority agree, oligarchs that to which the wealthier class; in their opinion the decision should be given according to the amount of property. In both principles there is some inequality and injustice. For if justice is the will of the few, any one person who has more wealth than all the rest of the rich put together, ought, upon the oligarchical principle, to have the sole power- but this would be tyranny; or if justice is the will of the majority, as I was before saying, they will unjustly confiscate the property of the wealthy minority. To find a principle of equality which they both agree we must inquire into their respective ideas of justice.
Now they agree in saying that whatever is decided by the majority of the citizens is to be deemed law. Granted: but not without some reserve; since there are two classes out of which a state is composed-the poor and the rich- that is to be deemed law, on which both or the greater part of both agree; and if they disagree, that which is approved by the greater number, and by those who have the higher qualification. For example, suppose that there are ten rich and twenty poor, and some measure is approved by six of the rich and is disapproved by fifteen of the poor, and the remaining four of the rich join with the party of the poor, and the remaining five of the poor with that of the rich; in such a case the will of those whose qualifications, when both sides are added up, are the greatest, should prevail. If they turn out to be equal, there is no greater difficulty than at present, when, if the assembly or the courts are divided, recourse is had to the lot, or to some similar expedient.
But, although it may be difficult in theory to know what is just and equal, the practical difficulty of inducing those to forbear who can, if they like, encroach, is far greater, for the weaker are always asking for equality and justice, but the stronger care for none of these things.
