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ety are derived from the rights of the individuals who form or enter into 57 the compact。 But individuals cannot give what they have not； and no individual has in himself the right to govern another。 By the law of nature all men have equal rights； are equals； and equals have no authority one over another。 Nor has an individual the sovereign right even to himself； or the right to dispose of himself as he pleases。 Man is not God； independent； self…existing and self…sufficing。 He is dependent； and dependent not only on his Maker； but on his fellow…men； on society； and even on nature； or the material world。 That on which he depends in the measure in which be depends on it； contributes to his existence； to his life； and to his well…being； and has； by virtue of its contribution； a right in him and to him； and hence it is that nothing is more painful to the proud spirit than to receive a favor that lays him under an obligation to another。 The right of that on which man depends； and by communion with which he lives； limits his own right over himself。
Man does not depend exclusively on society； for it is not his only medium of communion with God； and therefore its right to him is neither absolute nor unlimited； but still be depends on it； lives in it； and cannot live without it。 It has； then； certain lights over him； and 58 he cannot enter into any compact； league； or alliance that society does not authorize； or at least permit。 These rights of society override his rights to himself； and he can neither surrender them nor delegate them。 Other rights； as the rights of religion and property； which are held directly from God and nature； and which are independent of society； are included in what are called the natural rights of man； and these rights cannot be surrendered in forming civil society； for they are rights of man only before civil society； and therefore not his to cede； and because they are precisely the rights that government is bound to respect and protect。 The compact； then； cannot be formed as pretended； for the only rights individuals could delegate or surrender to society to constitute the sum of the rights of government are hers already； and those which are not hers are those which cannot be delegated or surrendered； and in the free and full enjoyment of which； it is the duty； the chief end of government to protect each and every individual。
The convention not only is not a fact； but individuals have no authority without society； to meet in convention； and enter into the alleged compact； because they are not independent； sovereign individuals。 But pass over this： sup… 59 pose the convention； suppose the compact； it must still be conceded that it binds and can bind only those who voluntarily and deliberately enter into it。 This is conceded by Mr。 Jefferson and the American Congress of l776； in the assertion that government derives its 〃just powers from the consent of the governed。〃 This consent； as the matter is one of life and death； must be free； deliberate； formal； explicit； not simply an assumed； implied； or constructive consent。 It must be given personally； and not by one for another without his express authority。
It is usual to infer the consent or the acceptance of the terms of the compact from the silence of the individual； and also from his continued residence in the country and submission to its government。 But residence is no evidence of consent； because it may be a matter of necessity。 The individual may be unable to emigrate； if he would； and by what right can individuals form an agreement to which I must consent or else migrate to some strange land？
Can my consent； under such circumstances； even if given； be any thing but a forced consent； a consent given under duress； and therefore invalid？ Nothing can be inferred from one's silence； for he may have many reasons for being 60 silent besides approval of the government。 He may be silent because speech would avail nothing； because to protest might be dangerouscost him his liberty； if not his life； because he sees and knows nothing better； and is ignorant that he has any choice in the case； or because； as very likely is the fact with the majority； he has never for moment thought of the matter； or ever had his attention called to it； and has no mind on the subject。
But however this may be； there certainly must be excluded from the compact or obligation to obey the government created by it all the women of a nation； all the children too young to be capable of giving their consent； and all who are too ignorant； too weak of mind to be able to understand the terms of the contract。 These several classes cannot be less than three…fourths of the population of any country。 What is to be done with them？ Leave them without government？ Extend the power of the government over them？ By what right？ Government derives its just powers from the consent of the governed； and that consent they have not given。 Whence does one…fourth of the population get its right to govern the other three…fourths？
But what is to be done with the rights of 61 minorities？ Is the rule of unanimity to be insisted on in the convention and in the government； when it goes into operation？ Unanimity is impracticable； for where there are many men there will be differences of opinion。 The rule of unanimity gives to each individual a veto on the whole proceeding； which was the grand defect of the Polish constitution。 Each member of the Polish Diet； which included the whole body of the nobility； had an absolute veto； and could； alone； arrest the whole action of the government。 Will you substitute the rule of the majority； and say the majority must govern？ By what right？ It is agreed to in the convention。 Unanimously； or only by a majority？ The right of the majority to have their will is； on the social compact theory； a conventional right； and therefore cannot come into play before the convention is completed； or the social compact is framed and accepted。 How； in settling the terms of the compact； will you proceed？ By majorities？ But suppose a minority objects； and demands two…thirds； three…fourths； or four…fifths； and votes against the majority rule； which is carried only by a simple plurality of votes； will the proceedings of the convention bind the dissenting minority？ 62 What gives to the majority the right to govern the minority who dissent from its action？
On the supposition that society has rights not derived from individuals； and which are intrusted to the government； there is a good reason why the majority should prevail within the legitimate sphere of government； because the majority is the best representative practicable of society itself； and if the constitution secures to minorities and dissenting individuals their natural rights and their equal rights as citizens； they have no just cause of complaint； for the majority in such case has no power to tyrannize over th