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 silent besides approval of
the government. He may be silent because speech would avail
nothing; because to protest might be dangerous--cost 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 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