must be, in a federative republic, under the direction and control of the federative and State governments. The framers of our present Constitution knew this well enough, but the clause which they put into it to carry this out was so vague and general, that it has remained without any practical effect. The people, who are the true source of all political and other power in a republic, control the State; and if the State controls the intercommunication between its citizens, the great franchises of free trade and commerce and of national money-making for national circulation will be preserved to the people, and not granted away to usurping monopolies, which thereby acquire by legislative grants the power to tax the people without their consent, in direct violation of the Federal Constitution.

I purpose now to trace out the fundamental principles and chief requirements of these, our State organic laws, to show the necessity of a radical change, and detail the duties of a political Commonwealth in making provision for the utmost development of the physical, intellectual, and moral faculties of its citizens; all the time, however, observing the limits within which such provisions may be made without trenching upon the rights of the individual, for whose benefit alone each State and our Federation was organized. It is in this latter point that my work will find its relation to the commentaries of our great constitutional expounders, as well as its distinction from the arbitrary dogmas of writers like Plato, Rousseau, Voltaire, and others, who may have had invention enough to propound gilded theories of an ethical government, but lacked legal training to determine its limits by the universal conception of law as applied to the government of a State designed to belong to a federation of several States.

In part, even our present forms of State legislation transcend the limited sphere of mere direct protection against violence and fraud. Nor can it well be otherwise so soon as people come in close contact with each other. So long as men live at considerable distances from each other, on tracts of land large enough to prevent the immediate perception of injurious influences upon each other, by improper construction of their dwellings, for instance, or uncleanliness and disease of their bodies, - and so long as commerce and money have not yet collected into great centres, and thus established despotic monopolies, legislation for protection against suck injurious influences and monopolies will not even be thought of. Such was the general con

dition of the people of the United States in former times; and when, gradually, larger cities began to grow up, and railways, banks, and` commerce to assume gigantic proportions, it did not at first occur to their inhabitants that another class of laws had become necessary, than the class which had been sufficient to secure life, liberty, and property from direct assault and tyrannic oppression. It was only constant and continued experience, pressing for the inauguration of measures that were found necessary, which dictated a legislation that was rather merely submitted to than accepted from a comprehension of its necessity and justice. In this way municipal ordinances regulating the building of houses, the behavior of persons, the power of corporations, and a thousand other matters that had been considered the exclusive concern of individual notion and inclination, were tacitly acquiesced in, and taxes for sanitary, reformatory, and other purposes paid without very earnest opposition. Nevertheless, the doubt of their legality always remained; nor was the general principle of these measures ever laid down and determined. It seems strange, indeed, and yet it is none the less true, that there really was not and is not any difference in the general principle of legality underlying these measures, and that the only doubt and difficulty respecting them arose and arises from the consideration of the necessary space to be allowed for the inhabitants of cities and villages. It is the distance, the extent of space between one farm and another, which in their cases renders it difficult to perceive that there is an actual injury done by one man to another, an infringement perpetrated upon the individual's right to life, liberty, and property. We can see easily the direct connection between the injury and the deed when one man kills or assaults another in the street, but it is rather a difficult matter to trace injurious effects to the neighbor who builds a vitriol or a gas factory near my house, or builds an adjoining dwelling with insufficient drainage, etc.; and nevertheless the encroachment upon my life, or it may be upon my property, is the same in either case.

Should such amendments to the organic laws of the States of the Federation as I purpose here to sketch, be adopted, results would follow surpassing even the dreams our most sanguine political patriots have dared to indulge in. A body of men and women would be raised, healthy, and intellectually cultivated to a degree which would make them as nearly as possible inaccessible to physical and

moral evils, fit exponents and representatives of the idea that gave life to them.

The world of nature it would change and turn into a grand landscape-garden, æsthetically representative of the world of mind and freedom under equal laws, the fit habitation of such noble beings as men can become, a true kingdom of God on earth, every element of nature subject to the free and harmonious directing powers of the human mind. Far from disfiguring or making ungainly the aspect of nature, as they do now, men's habitations the cities, houses, streets, alleys, boulevards, etc. would fall into harmony with their natural sites, and by architectural beauty, order, and cleanliness, irradiate loveliness in every direction.

It would make all men equal, under just laws, by regulating their intercommunication through money and commerce in a rational manner, by raising up the lowest to the highest degree of culture, and securing to each individual, through an organized system of labor, sufficient leisure to acquire the greatest freedom and knowledge. The existing rivalry between rich and poor would thus cease of itself, and find its amelioration, if not its annihilation, in a common coöperative effort to realize the highest good and happiness for each one and for all.

In its ultimate results it would dispel from the minds of men every element of darkness and superstition. For in the highest school of the State, the university, the highest science, the philosophy of knowledge, would be taught, and would illuminate every region of human knowledge by analyzing that knowledge itself. The foolish fear of an angry God would change into adoration of His love and wisdom, and the superstitious dread of the future world into serene and happy assuredness of immortal, infinitely continuing revelations of new beauty. Men would no longer harass their minds and souls with idle speculation, but would work out their true mission: to attain and enjoy the greatest good, happiness, and wisdom. For, to enable men to do this should be the exclusive final end and aim of a government of law.

Even as the grand aim of the divine government of the universe is manifestly by wise, harmonious, and progressive laws of development to work out to the fullest perfection all forms, faculties, and intelligences of the creatures on earth, so a human government of law should resemble as nearly as may be this divine government of

nature, and should, therefore, in its organic constitutional code, provide for the attainment of the greatest good, happiness, and wisdom by the people of the State; and as the permanence and certainty of the laws of nature are necessary for the preservation of the divine order of nature and the lives of all the creatures existing in it, so the certainty and permanence of the organic laws of a State are necessary for the preservation of human order or true freedom under the law, so that all persons in the State may attain and enjoy the greatest good and happiness of which their organization and faculties are capable, without in any way interfering with the proper freedom, activity, and happiness of others.

GENERAL PRINCIPLES OF A FEDERATIVE GOVERNMENT.

CHAPTER I.

FUNDAMENTAL PRINCIPLES.

The fundamental principle of such a constitutional code is:— Affirmatively: To provide for the harmonious, temperate, fit, and best use attainable of all the faculties of mind and body of each person, so that each one may have, under the law, the possibility of attaining, without any of the hindrances of ignorance, impurity, fraud, or tyranny, the greatest good, happiness, inspiration, wisdom, beauty, love, and perfection of which his faculties and organization are capable: first, for himself; second, for his family; and, third, for the society or State in which he lives.

Negatively: To prohibit each person from intemperate, inharmonious, reckless, hurtful, or unfit abuse or use of either or any of the faculties of his mind and body.

These two propositions will indicate and test the true objects of all codes, constitutions, and laws, and the true character of all legislative, judicial, and executive governmental operations for the government of men under State and federative systems of government.

CHAPTER II.

ANALYSIS OF FUNDAMENTAL PRINCIPLES.

The essence of man is freedom. It is this that distinguishes him from all other beings, and makes it impossible to mistake him for a