natural rights of individuals
constitute the whole basis of law as a science, and a _sine qua non_ of
government as a legitimate institution.

And yet writers generally, who acknowledge the true theory of government
and law, will nevertheless, when discussing matters of legislation,
violate continually the fundamental principles with which they set out.
On some pretext of promoting a great public good, the violation of
individual rights will be justified in particular cases; and the
guardian principle being once broken down, nothing can then stay the
irruption of the whole horde of pretexts for doing injustice; and
government and legislation thenceforth become contests between factions
for power and plunder, instead of instruments for the preservation of
liberty and justice equally to all.

The current doctrine that private rights must yield to the public good,
amounts, in reality, to nothing more nor less than this, that an
individual or the minority must consent to have less than their rights,
in order that other individuals, or the majority, may have more than
their rights. On this principle no honest government could ever be
formed by voluntary contract, (as our governments purport to be;)
because no man of common sense would consent to be one of the plundered
minority, and no honest man could wish to be one of the plundering
majority.

The apology, that is constantly put forth for the injustice of
government, viz., that a man must consent to give up some of his rights,
in order to have his other rights protected--involves a palpable
absurdity, both legally and politically. It is an absurdity in law,
because it says that the law must be violated in some cases, in order
that it may be maintained in others. It is an absurdity politically,
because a man's giving up one of his rights has no tendency whatever to
promote the protection of others. On the contrary, it only renders him
less capable of defending himself, and consequently makes the task of
his protection more burdensome to the government. At the same time it
places him in the situation of one who has conceded a part of his
rights, and thus cheapened the character of all his rights in the eyes
of those of whom he asks assistance. There would be as much reason in
saying that a man must consent to have one of his hands tied behind him,
in order that his friends might protect the rest of his body against an
enemy, as there is in saying that a man must give up s