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mere animal. All other beings are complete in bodily organization; man alone is incomplete. All other bodies are sufficient and perfectly determined in their structure; but the body of man is insufficient, and simply infinitely determinable. What he is at birth we know not; what he is to be, will be wrought out in him by his own freedom and activity, under just and comprehensive laws.

It is by token of this freedom, when manifested in the world of nature, that man proclaims his presence over the gulf of many thousand years, and in the rudest tools or arms of prehistoric times announces his existence. History is nothing but a record of man's strife for the attainment of this freedom in its highest degree externally through forms of government; culture, nothing but an endeavor to realize it internally. And since neither development can be realized separately, the establishment of a State organization, which shall enable man to secure the fullest freedom of mind, of person, and of activity, must necessarily accompany and be accompanied by higher culture and progress. It is only in a properly constructed State organization that men can attain that complete self-determination, that development and subjection to his free control of all the faculties of his mind and bly, whereby he will be enabled to use them fitly and harmoniously, under judicious and wise laws, for the realization of the greatest good and happiness life is to give and express, and to constitute himself a truly rational being.

No one individual in a State can be secure in his freedom under the laws, unless every other individual is prohibited from interfering with it. Had each individual attained full development of his moral nature and freedom, this prohibitory character of law would be unnecessary, for the free wills of all would of themselves harmonize in the idea of the greatest good. But as this full development does not exist, and is rather the very object to be realized, the inharmonious and unfit use of the mental and bodily faculties of the one individual constantly interferes with the freedom and progress of the others, and thus needs the prohibition of its inharmonious exercise. Men, in establishing governments of law, must adopt the plan manifested in those laws that are established upon fixed principles, of universal application, and announce themselves in unvarying succession.

Upon the foregoing fundamental principles, affirmative and negative, all laws and governments of law are grounded; through them alone the achievement of an ultimate ethical and legal organization

within the State is made possible. Another six thousand years might pass away, and bring mankind but little nearer to its ideal, unless these principles were carried out in a State organization and eventually established over the whole extent of a federative republic. Great moral and intellectual advancement of the race is but a dream, so long as there are ignorant and wicked wretches on all sides in a State to check and injure the development of higher culture. So long as filth, folly, and impropriety everywhere offend the purer, wiser, and more cultured persons, there can be but limited and obstructed advancement; and legislation has hitherto looked upon these matters as if it had no concern with them at all. Thus the highest of all arts and the grandest of all sciences, the art and science of statesmanship, in the noblest sense of the word, - the art and science of organizing men into a complete harmonious union and activity, wherein each one shall have all his faculties developed to their highest practical possibility, and wherein all shall artistically and scientifically combine to make their common property, the earth, a beautiful and harmoniously cultivated whole, a paradise, not of primitive nature and idleness, but of cultivated reason, scientific knowledge, and joyful labor,—has hitherto not even been possible, for want of State organizations wherein to establish and apply it.

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In no other way than by means of such a State and federative organization can the citizens achieve their true destination as freemen, worthy to enjoy Liberty and Law" under federative government. In no other way can the gigantic conflict between men and nature be successfully carried on to victory, their forces and knowledge being severally cultivated to their highest perfection, and assigned to specific parts of an organized plan.

It is only by means of a practical code of self-supporting laws, providing for the purity, health, training, education, protection, political equality, and happiness of each citizen, and regulating under general laws all intercommunication between all persons, that the people can be fully protected from the selfishness, tyranny, extortion, and ambition of the many monopolizing, fraudulent, and corrupt corporations, always vigilantly watching every opportunity to rob the masses of their rights, franchises, and liberties for the benefit of the few, who rapaciously swallow up the resources of the States and the nation, by using the government itself as the chief instrument of their tyranny, by bribing and corrupting the traitorous

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agents of the people - the State and Federal legislatures to grant to their monopolies the public lands, the public charters, the common public rights of intercommunication, of banking, of telegraphing, and of using the public highways and the public domain with electromagnetic telegraphs and steam railways.

The individual alone may, to some extent, realize his destination and ideal in his own internal culture; but as a member of humanity, and citizen of a State, he cannot achieve even this, his own end, perfectly, unless he assists in achieving the destination of his kind by coöperation and united effort, under wise and just laws, and in keeping down all forms of despotism in his State. The subjugation of nature and all her turbulent elements is a task utterly beyond the power of individuals, and until their subjugation is completed no individual can rise to his own highest development.

To attain these ends, the constitutional codes will have to apply the above fundamental principles to the three functions of man: as, first, a physical body in the world of nature; second, an intelligent being in the world of intelligence; and, third, a social being in the world of the State; and hence it will have to legislate in its positive character concerning

1. Public hygiene.

2. Public education.

3. Public intercommunication.

And in its negative character concerning the

1. Establishment of a Federal code.

2. Establishment of a code of laws for the States.

3. Establishment of a federative and international code, to secure Liberty and Law, against all the powers of despotism, to all the nations of the world.

For reasons which will appear in the course of this investigation, I shall consider, first, the negative requirements of such constitutional codes, and after that, proceed to the more lengthy consideration of its positive requirements.

CHAPTER III.

THEIR REALIZATION IN A FEDERATIVE REPUBLIC.

It is very evident, from all the preceding, that great and many reforms must be instituted in the present form of our federative government, if such a scheme as I have suggested is to be realized. There must be changes made in the form of the Federal government itself, and in the forms of the government of the several separate States. But there is only one mode in which such changes can be constitutionally inaugurated. This mode is the amendment of our present National Constitution, and, secondarily, of most of our State constitutions.

Now, it is true, that such amendments may be made in the case of our Federal Constitution simply by getting Congress to formulate them and submit them to the States for their indorsement. But I am very sure that such a method would be altogether impracticable for the establishment of such thorough, and yet necessary changes in our form of government as are outlined in this book.

I propose, therefore, that a National Constitutional Convention be called by the people of the several States, to remodel our present Federal Constitution in accordance with the requirements that have grown up within the last century.

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I am well aware that there is a general objection to what is called tinkering" with the Constitution handed down to us by the wise founders of our republic, an objection founded on the conservative, let-well-alone disposition of human nature, but the most intensely conservative man, if he is otherwise fair-minded, cannot but confess, that a century of a nation's life and especially such a century as our nation has lived - must needs make necessary vast changes in all the departments of its government. Nor can it be disputed, that of the two modes of amending our Constitution, that by a general national convention alone can be effective.

Our Congress, let it be remembered, is not a body like the British Parliament, which has the power, substantially, of changing the unwritten Constitution of Great Britain at any time. The fact that we have a written, permanent Constitution, places the power of amending it in the hands of the people alone, and is its greatest safeguard.

Nor can I perceive any great danger in calling a National Convention. That cry seems to be raised mainly by politicians, monopolists, and corporations, who fatten under the present order, or rather disorder, of things, and dread any change. It is, however, precisely to check their power that such changes as are suggested in this work have become indispensable.

CHAPTER IV.

THE REQUIREMENTS OF A FEDERATIVE REPUBLIC.

It has usually been held, since the days of Montesquieu, that the only requirements of a federative republic are a proper regulation between the general government and the several States which compose the federation, and the division of the power of the general government into three departments, the executive, the legislative, and the judicial.

Now, I hold that this is not by any means sufficient. The first proposition namely, that the relation between the general government and the separate State organizations composing it must be clearly enunciated in a written constitution is, of course, incontrovertible.

But much may be said about the propriety of leaving the organization of the three departments into which the government is to be divided, open to chance or mere caprice. Take, as an instance, the legislative department, our Congress of the United States. Now, the Federal Constitution was the work of only thirteen States. At present, however, those thirteen States have expanded into thirtyeight States and ten Territories, if we include Alaska; and more States are to come from these Territories. To remedy this defect, I propose to divide our one Union into, say, five sub-Unions. This suggestion may seem audacious in the extreme to many of my readers, but on mature reflection the necessity of this proposed change in our present Union will become apparent enough.

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We all are striving towards the same end, a world-confederation. How attain it? The miniature model was built up by

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