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73 between the two; each being absolute in the executive branch of their own department, and any change of system and principle requiring the consent of both. The division neither can nor should be pre-established by the law, since it must depend on individual capacities and suitabilities. If the two persons chose, they might pre-appoint it by the marriage contract, as pecuniary arrangements are now often pre-appointed. There would seldom be any difficulty in deciding such things by mutual consent, unless the marriage was one of those unhappy ones in which all other things, as well as this, become subjects of bickering and dispute. The division of rights would naturally follow the division of duties and functions; and that is already made by consent, or at all events not by law, but by general custom, modified and modifiable at the pleasure of the persons concerned.

The real practical decision of affairs, to whichever may be given the legal authority, will greatly depend, as it even now does, upon comparative qualifications. The mere fact that he is usually the eldest, will in most cases give the preponderance to the man; at least until they both attain a time of life at which the difference in their years is of no importance. There will naturally also be a more potential voice on the side, whichever it is, that brings the means of