Now, these considerations of moral right are irrespective of numbers. It may be the bounden duty of one man to resist the will of hundreds, or thousands, or millions. Indeed, every religious system admits, and history gives clear evidence, that that is so. A man must obey his conscience; that is his one ultimate guide. That statement expresses what one may call the atomic theory of human society. It suggests, at first sight, an impossible splitting to pieces of all systems of law and order; but it is not so in reality, because—and this is the really wonderful thing and the spiritual root of the whole matter—conscience is the most infectious and convincing force in life. In a community there is really a far greater agreement of conscience than of desire or of opinion. A conscientious resister may, of course, be mistaken; but if he is prepared to go on resisting, making sacrifice, and enduring suffering for his scruples—that process is the least fallible as a test, and the most converting in its tendency of all the processes of propaganda that the human mind can conceive; and by recognizing the moral right of the individual to put himself to that test before the eyes of his fellow citizens, and so at the same time to test their consciences in the matter, you are not really encouraging a course which leads to disunion and anarchy, but a course which, on the whole, will best bring about a general consensus of opinion. A community which recognises the moral worth of such tests of its own and of the individual conscience, will be far less likely to arouse such demonstrations of revolt than one which altogether ignores and despises them; for the simple reason that such a community will be better based in its duty toward its neighbour; it will wish each man to do that which it would claim the right to do itself in a like case, if faced by a superior power backed by greater numbers than its own.
If I know that my conscientious resistance will be respectfully considered (though not made easy or cheap to me), that my test of other consciences may be tried and may be adjudged to fail—I shall not be more inclined to enter into conflict with so considerate a majority, but less; for it is not open-minded justice but close-minded injustice which arouses opposition and rebellion.
But while human nature makes it safe, in the main, that men and women will not in any appreciable numbers submit themselves voluntarily to continuous discomfort, deprivation, loss of liberty and ease, except for a just cause or a high motive worth looking into, considering, and making allowances for: human nature does not make it safe that those in authority will not be overbearing and unjust, unless they too are liable to a like test.
And here again we come to consider the duty of the law and of law-makers to individuals.
The law should be prepared wherever its fallibility stands proved—where, for instance, it has done hurt and damage to innocency by its operations—at least to make full reparation. It is not an honourable position, for that which holds fiduciary together with compulsory powers, to say to one whom it has falsely imprisoned or unjustly charged—“You, on the whole, benefit by government, and, therefore, must yourself bear this hurt of government which has fallen upon you.” The State or the community which permits such individual hardship to result from its imposition of a fallible code is not just in its government or dutiful to its neighbour. And if it so acts, it undermines in the governed their sense of its moral sanction. The State cannot so do hurt to its citizens and retain an unimpaired claim on their allegiance; nor can it with any moral decency claim reparation from its enemies abroad, if it does not make full reparation for its own miscarriages of justice at home.
“One,” it is sometimes argued, “must suffer for the general good.” But the general good is not so served. In this connection general good only means “general cheapness.” The State, and not the citizen, must pay the price of its presumption—or it must look for an altered mind in every citizen whom it so afflicts from its position of immunity. Nay, it may be well that its supposed immunity should occasionally be disproved by a determined and self-sacrificing citizen, entirely for the general good, and the State forced to pay in extra upkeep for the bad condition of its laws.
The careless self-allowance of majorities in wrong done to minorities, or even to individuals, is not to the general good; and one could rather wish to a State that its minorities should be alert and pugnacious, than its majorities self-satisfied and indifferent on the score of mere numbers.
Numbers, uncorrected by conscience and uncontrolled by penalties, may be the cheapest, nastiest and most unscrupulous form of tyranny. The indifference or acquiescence of hundreds to conditions by which they themselves are not consciously affected cannot have the same moral weight as the discontent of one or of a few who are so affected. That is a consideration which must always qualify the “rights” of majorities. In such circumstances the sanction of mere numbers is not sufficient.
Are minorities, then, always to have their way? By no means. We know that they cannot.
Countless minorities in our political controversies have contended, have failed, and have acquiesced in their failure. Time has tested them, and has measured the depth of their grievance by the scale of human nature.