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possess and exercise this function of freemen? I quote briefly from the report of the committee: The rights for the maintenance of which human governments are constituted are life, liberty, and property. These rights are common to men and women alike, and whatever citizen or subject exists as a member of any body-politic, under any form of government, is entitled to demand from the sovereign power the full protection of these rights. This right to the protection of rights appertains to the individual, not to the family alone, or to any form of association, whether social or corporate. Probably not more than five-eighths of the men of legal age, qualified to vote, are heads of families, and not more than that proportion of adult women are united with men in the legal merger of married life. It is, therefore, quite incorrect to speak of the state as an aggregate of families duly represented at the ballot-box by their male head. The relation between the government and the individual is direct; all rights are individual rights, all duties are individual duties. Government in its two highest functions is legislative and judicial. By these powers the sovereignty prescribes the law, and directs its application to the vindication of rights and the redress of wrongs. Conscience and intelligence are the only forces which enter into the exercise of this highest and primary function of government. The remaining department is the executive or administrative, and in all forms of government--the republican as well as in tyranny--the primary element of administration is force, and even in this department conscience and intelligence are indispensable to its direction. If now we are to decide who of our sixty millions of human beings are to constitute the citizenship of this Republic and by virtue of their qualifications to be the law-making power, by what tests shall the selection be determined? The suffrage which is the sovereignty is this great primary law-making power. It is not the executive power proper at all. It is not founded upon force. Only that degree of physical strength which is essential to a sound body--the home of the healthy mental and moral constitution--the sound soul in the sound body is required in the performance of the function of primary legislation.
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