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[119] or different classes of individuals. It will not be maintained that an infant or idiot, and a man of rude intellect and vulgar habits, have interests and duties common to each other, and common to persons in a different condition, in any such sense as would entitle them all to social equality. Both their mental and physical condition would be a bar to any such equality. So in the case of the sexes, difference in physical condition is a bar, except in the marriage state. So also certain races of men are by their physical condition barred from social equality, in many respects, with those of other races. Those duties required by one condition in order to attain the essential good are very different from those of another condition which are necessary to attain the same object. But the privilege of social equality with all in a similar condition, which results from the discharge of the duties of that condition, is the right of every one. Some will require positive law to secure them; as in the marriage relation, the social as well as other rights of the parties must be secured by law; whilst others will be better secured by leaving them to be regulated by the conventional usages of society — only another form of government. But there is an obvious difference in the social rights of men which government is bound to respect, unless it would arrest the progress

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