Secondly, the delegation we are here considering is not, as the word in its most obvious sense may seem to imply, the act of one man committing to another a function which, strictly speaking, it became him to exercise for himself. Delegation, in every instance in which it can be reconciled with justice, proposes for its object the general good. The individuals to whom the delegation is made are either more likely, from talents or leisure, to perform the function in the most eligible manner, or there is at least some public interest requiring that it should be performed by one or a few persons, rather than by every individual for himself. This is the case whether in that first and simplest of all political delegations, the prerogative of a majority, or in the election of a house of representatives, or in the appointment of public officers. Now all contest as to the person who shall exercise a certain function and the propriety of resigning it is frivolous the moment it is decided how and by whom it can most advantageously be exercised. It is of no consequence that I am the parent of a child when it has once been ascertained that the child will live with greater benefit under the superintendence of a stranger.
Lastly, it is a mistake to imagine that the propriety of restraining me, when my conduct is injurious, rises out of any delegation of mine.
The justice of employing force upon certain emergencies was at least equally cogent be fore the existence of society. Force ought never to be resorted to but in cases of absolute necessity; and, when such cases occur, it is the duty of every man to defend himself from violation. There is therefore no delegation necessary on the part of the offender; but the community, in the censure it exercises over him, puts itself in the place of the injured party.