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THE 
 
 Anarchist Constitution 
 
 D. L STURBER, Anarchist 
 
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 Anarchist Constitution 
 
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IV 
 
 It is safe to say that governments have committed far 
 more crimes than they have prevented. — Eobert Ingersoll. 
 
 Equity^, thus depending, essentially, upon the particular 
 circumstances of each individual case, there can be no es- 
 tablished rules and fixed precepts of equity laid down, 
 without destroying its very essence. * * * And, on 
 the other hand, the liberty of considering all cases in an 
 equitable light must not be indulged too far LEST 
 THEEEBY WE DESTEOY ALL LAW. * * And 
 law without equity, though hard and disagreeable (you bet 
 it is) IS MUCH MOEE DESIEABLE for the public 
 good (he meant by the public good the welfare of the law- 
 yers) than equity without law. — Blackstone's Commenta- 
 ries on the Laws of England, *62, Book I, Page 42. 
 
 And thus, by this strict construction of the courts of 
 law, a statute made upon GEE AT DELIBEEATIOK 
 and introduced in the MOST SOLEMN MANNEE, has 
 had little other effect than to make a slight ALTEEA- 
 TION in the FOEMAL WOEDS of a conveyance.— 
 Blackstone's Commentaries on the Laws of England. 
 *336, Book II, Page 271. 
 
 Heredity is the idea of a man being some one else in a 
 previous existence and then using it to be himself later. 
 — Dinkelspiel's Eeview. 
 
 Was any political party ever held accountable for a 
 political murder such as the murder of Governor Goebel 
 of Kentucky, by the conspiracy of Eepublican politicians, 
 or any religion held accountable for a religious murder 
 such as the murder of President Garfield by a Christian 
 enthusiast (or fanatic, if you please) ? 
 
 Wrij, then, should anarchists be held accountable for the 
 first murder by an anarchist in the United States? Was 
 not McKinley's assassination the first one by an anarchist 
 in the United States ? 
 
THE ANARC HI8T CON STITlTION.->^ 
 
 Chapter!. f ^Wiv:>;-siTY ^ 
 
 Some Interesting Pants. ^*<5^_(fc>??^M\^ 
 
 Somewhere \fithiii the realms of the United States there 
 roams a man of great prominence and distinction who is 
 the most slippery and hard-to-find man in all Christendom 
 and yet he has two distinct peculiarities either one of 
 which would single him out of a million of his fellows 
 to any casual observer. 
 
 He was the only son of his father, who was the only 
 son of his grandfather, and who in turn was the only son of 
 his great grandfather, and so on this distinguishing char- 
 acteristic of ancestry goes clear back to the time whereof 
 the memory of man runneth not to the contrary, and per- 
 haps for countless ages farther back. 
 
 But the two most striking peculiarities of this mysteri- 
 ous individual are his name and his pants. 
 
 First, his name, although a more cowimonplace name 
 was never applied to any human being on the face of the 
 earth, is all his own, for in all the world there is not an- 
 other man known by the same name (and he never travels 
 under an alias) and his father, father^s father, father's 
 father's father, and all his male ancestors in the direct 
 paternal line have successively been known by the same 
 name since before the beginning of recorded history, in all 
 probability, and none of his ancestors ever had more or 
 less than one child who invariably was known in his turn 
 by the same name — given name as well as surname. 
 
 This name is John Doe.* 
 
 *A11 the law books as far back as there is any law or 
 records in the English language refer to John Doe, which is, 
 and always has been, the mythical or fictitious name used to 
 fill in where a name might be required and no person known 
 whose name could or should be used — perhaps the most ancient 
 fiction known in law. Where two names are required John Doe 
 and Richard Roe are the ones used. 
 
6 The Anarchist Ck)NSTiTUTiON". 
 
 But still more remarkable than the name is the pair of 
 pants with which this unique personage adorns his lower 
 extremities for, be it known, this pair of pants has been 
 handed down, like the name, from father to son and to 
 son's son, grand-son and great grand-son, in precisely the 
 same manner as the name for countless ages and 
 ALWAYS WOEN BY EACH SUCCEEDING JOHN 
 DOE in his day and generation. 
 
 There was only one great difference between this name 
 and the pair of pants, for pants wear out while a name 
 may, and does, wear on and on forever (like corporations) 
 without the slightest depreciation of vitality. 
 
 But every John Doe in his turn has been equal to the 
 occasion. He simply patched the pants. And, while this 
 caused him some slight inconvenience and expenditure 
 of energy, he never could see any occasion for getting 
 a new pair of pants. 
 
 Thousands of ages ago the original pair of pants had 
 entirely ceased to exist — not a shred of the original pair 
 still in the pants — and nothing but patches in various 
 stages of usefulness, and uselessness, or even of positive 
 annoyance, remained to do service in lieu of pants. 
 
 It could not be said that the present John, or any of his 
 progenitors, was laz}^ Far from it, for he, like all his 
 ancestors, gets up every morning before the sun and pre- 
 pares his own food (it can hardly be dignified by the name 
 of breakfast), cleans the scanty cooking and eating uten- 
 sils himself, mends his clothes, cultivates a little soil that 
 he may be able to gather the nourishment his body re- 
 quires and prepares his own food (he calls it dinner, being 
 somewhat addicted to flattery), and eats, scantily. Then 
 he makes such repairs as his humble habitation requires, 
 
 starts to the spring for a drink, and — that d wolf 
 
 again. 
 
 There are wolves, it is said, where the Does have lived, 
 each in his turn, for so many generations ; and they inva- 
 riably carry off whatever has been "spared" from the "din- 
 
The Anarchist Constitution. 7 
 
 ner'^ to '^^SAVE'^ for the "supper." John invariably 
 chases the wolf about a mile till hungry and exhausted but 
 as invariably forgets to lay for the wolf the next time. 
 He doesn^t much like fighting wolves anyhow, but ventures 
 to chase them when they get a good start. 
 
 After the chase which, it hardly need be said, is always 
 a vain one, John labors harder than ever to get something 
 ready to eat, upon which he bestows the pretentious title 
 of supper. 
 
 After cleaning up the remains of his simple meal he 
 spends long hours in drawing up the plans of the next 
 patch to his pair of pants — and prays ! Whom he prays 
 to not even tradition gives any very clear or definite sug- 
 gestion, but the most generally prevailing idea is that the 
 present John prays to the clouds, and it is believed that his 
 father did likewise ; although it is known that his ancestors 
 each in his turn, prayed to almost every conceivable thing — 
 stars, trees, sun, moon, and everything else. 
 
 It is known that John, as well as his ancestors, has at 
 times roamed about and mingled with his fellow men — 
 probably when seeking a wife by whom to have an heir that 
 he might bequeath his name and pair of pants. 
 
 The present John's great grandfather got a tartar of a 
 wife — so the great grandfather thought. She stormed 
 and raved at that pair of pants; and particularly at the 
 seat thereof, which was at that time most especially in 
 urgent need of repairs. But John was not to be shaken 
 from the traditions of his forefathers. He wouldn't get 
 a new pair of pants; whether from a disinclination to 
 such extravagance or for fear he would not look natural 
 in a new pair, tradition does not inform us. 
 
 But at any rate his wife was insistent and forced him to 
 a compromise. He agreed to put in an extra large patch 
 of the very best wearing material that could be made.* 
 And such an improvement was this patch considered by 
 
 ♦The United States Constitution, 1789. 
 
8 The Anarchist Constitution. 
 
 him to be to the ancient pair of pants that it is the pride 
 of the present John to this day. In fact, our John of to- 
 day even claims that that patch, having had a numerous 
 quantity of patches** to the patch, is still good for an- 
 other generation or two, though in truth it is said scarcely 
 a shred of that patch remains.* 
 
 It has frequently been suggested to John in a delicate 
 and diplomatic way that he co-operate with other men' f 
 and devote all his labors to making some one thing exclu- 
 sively and exchange it for an equal amount of the labor*** 
 of others in the shape of other things he needs to support 
 himself, his wife, and his little baby John; but all the 
 Johns in their turn have had their own ideas about making 
 what they want according to their own sweet will and our 
 John of today, like his father before him, is a little eccen- 
 tric on this tomfoolery about "co-opratun." He says let 
 other people make what they want and mind their own 
 business and he'll do the same. 
 
 People generally are too courteous (or fearful) to ever 
 wound his tender sensibilities about those pants and all 
 who pride themselves on their dignity and refinement care- 
 fully refrain from alluding to them. It has happened — 
 though rarely — that some man more vigorous than ele- 
 gant has said to him: "For God's sake throw away thoso 
 
 pants and get a new pair." But 
 
 this has always been the finish of the man who had the 
 audacity to insult John Doe for he is the hardest scrapper, 
 as well as the most eccentric man, in all Christendom 
 and who will tackle a known scrapper that's always been 
 invincible ? 
 
 **The constitutional amendments and an infinite number 
 of laws and decisions. 
 
 *"We, the people of the United States, in order to * * * 
 establish justice." — Preamble to the United States Constitution. 
 Is there any justice in the United States for the poor man? 
 
 t Socialism is urged to some slight extent throughout the 
 United States. 
 
 ♦♦♦Exchange of labor products in one form for an equal 
 amount of labor product in another form means exchange 
 without profit. 
 
Chapter II. 
 The Social Compact. 
 
 Society has existed, in some form or other, since the 
 first breath of the second living being on earth ; assuming 
 that the living beings on earth, or at least two of them, 
 were within hailing distance of one another. 
 
 The form of society, like the form of all matter, 
 undergoes constant and perpetual change. Sometimes 
 this change in form is very rapid, as it is in burning wood 
 or gunpowder; sometimes it is very slow, as it is in stones 
 buried in the earth. But there is a constant and perpetual 
 change in the form of matter and no change in its amount. 
 So, too, with society there is a constant and perpetual 
 change in its form and no change in its number, so far as 
 this earth is concerned, since the first co-existence of two 
 living beings. And as long as two living beings still exist 
 in communication with one another there can be but one 
 society, or social family. 
 
 It is not the existence of living beings which constitute 
 society but their relation to one another. 
 
 Imagine but two living beings on earth and within 
 communfcating distance with one another and imagine 
 them to, either expressly or tacitly, agree not to fly at 
 each other's throats for the purpose of robbery or murder 
 and such agreement or compact, which is the embodiment 
 of the relation one to another, constitutes society. 
 
 In this stage of society manifestly no express agree- 
 ment is called for, for their mutual protection, because 
 neither one will want to rob or murder the other. Each 
 recognizes the fact that the co-operation of the other is 
 desirable and could not be had by imposing upon one an- 
 other, and thereby engendering enmity between them. 
 Each uses the product of the other and each recognizes the 
 
10 The Anarchist Constitution. 
 
 right of the other to such use. Neither would see. the 
 other starve, or even suffer, from want through misfortune 
 or inability to produce one-half the total necessary for 
 both. Society is normal. The social compact is new. 
 It has not worn out because the change in the form of soci- 
 ety has not yet been appreciable since the first agreement 
 (tacit though it be) or social compact. 
 
 But the population increases. With every new mouth 
 comes a new pair of hands, as w^e have often been re- 
 minded. But some few among the many, when popula- 
 tion becomes great, not only do not produce their share, 
 when able, but consume more than their share. 
 
 The social compact begins to wear — slightly. 
 
 The social compact, before only a tacit agreement, is 
 now changed to an express agreement for each able person 
 to produce his share and as much more as may be neces- 
 sary to provide for those not able to produce their share. 
 
 Population increases more. The few not only do not 
 produce their share and consume more than their share, 
 but some cease to make any effort to produce at all and 
 waste frightfully. The social compact has worn a hole 
 in itself. It needs a little patch. 
 
 Anybody can patch — in a way — but it requires a tailor 
 to make a pair of pants. 
 
 Society patches the social compact. It says, hereafter 
 each able person shall produce his share for hinfself and a 
 percentage in addition for those who are not able persons. 
 
 The many comply with the spirit of the amended social 
 compact. The few say they will do that for which they 
 are best adapted. They will distribute the percentage ! 
 
 The percentage becomes enormous and the work of dis- 
 tributing it is too great for the few — at least they say so. 
 They must have others to do the work for them. They 
 will superintend these others and draw plans for new 
 patches. They will modify and remedy the defects in the 
 social compact. They will legislate ! And they will de- 
 termine for the many what percentage of the wealth pro- 
 
The Aitarohist Constitution. 11 
 
 duced by the many shall go to the few for distribution to 
 non-producers, who shall be recognized as non-producerS; 
 and how much each shall have. 
 
 Society is now changing in form rapidly. The social 
 compact is wearing thin in many places and will soon need 
 many patches. 
 
 Women and children, who, before, owing to their physical 
 constitution, were not expected to produce for themselves 
 but looked upon as non-producers entitled to their full 
 share, are slowly but steadily divided into two classes. The 
 wives and children of the few are retained in the class of 
 non-producers and given the bulk of the percentage. The 
 wives and children of the many are given — well, let the 
 many care for the many. 
 
 Society needs another patch. 
 
 Society needs judges, versed in the niceties of what 
 women and what children should be deemed the wives and 
 children of the few and which ones should have the lion's 
 share, for the many are not competent to determine such 
 difficult problems. 
 
 The few will select the judges to decide these questions 
 for them and must have more percentage (now called 
 taxes) with which to provide for the judges. 
 
 The many, because they can't understand the sound, 
 substantial reasons why the judges should, in their pro- 
 found wisdom, decide all questions of right in favor of 
 the few are dissatisfied and threatening. 
 
 Society needs another patch. 
 
 The many are liable to kill themselves and need soldiers 
 to prevent them from killing each other and, incidentally, 
 to kill such part of the many as do not accept the decisions 
 of the judges as right. 
 
 But even the judges, in their infinite wisdom, having 
 various degrees of relations and friendships, can not al- 
 ways draw the line between who should be of the few and 
 who of the many ; nor even among the few, can they agree 
 on which ones should have the most. 
 
12 The Anarchist Constitution". 
 
 Society needs another patch. 
 
 If the judges and the few fight among themselves the 
 many will soon finish the few. If the soldiers are to en- 
 force the decisions of the judges, the decisions must not 
 be conflicting or the soldiers would be divided as to which 
 decisions to enforce and would only kill each other. The 
 many could not be enslaved. 
 
 The judges must select an arbitrator for conflicting de- 
 cisions whose decisions shall be over and above all others. 
 His decisions shall be final. The soldiers must obey him 
 and enforce Jiis decisions — execute his commands. 
 
 He is king. 
 
 There is no longer any doubt who shall have the lion's 
 share of the percentage. He decides it shall all go to 
 a king for proper distribution (presumably among the 
 people) . 
 
 He directs the distribution of the taxes and determines 
 the. amount of them. He also determines how they shall 
 be collected and "decides" that the king is the head of the 
 social family. 
 
 As such he determines what amount of land, and which, 
 shall be allotted to each member of the social family and 
 "directs" them all. 
 
 To make his work easier he teaches them morality. 
 
 There is no doubt he is well qualified for this as the 
 biggest thief and greatest rascal, who knows by experience 
 what immorality can produce, is naturally the best judge 
 of what constitutes such immorality. 
 
 And he is the most interested in preventing any compe- 
 tition in immorality, as he has the greatest snap at stake 
 which might be lost thereby. He is, therefore, greatly 
 interested in preventing any such immorality in others as 
 he is, himself, guilty of. 
 
 But an interested teaching of the moral law (assuming 
 that there lived a man so dense that he did not understand 
 the moral law without the aid of a teacher) is a cor- 
 rupted one and some began to question the crooked inter- 
 
The Anakchist Constitution. 13 
 
 pretation of the moral law when interpreted by those 
 known to be interested in such crooked interpretation. 
 
 As long as these were few not many patches to the social 
 compact were necessary and a few soldiers could attend to 
 those who ventured independent (and correct) interpreta- 
 tions of their own. 
 
 Soldiers were an expensive luxury and demanded for 
 themselves a considerable part of the percentage — taxes — 
 for supporting and enforcing the crooked interpretations 
 of the moral law. 
 
 But as these crooked interpretations of the moral law 
 — at first called the moral law — became more numerous, 
 so did those who ventured independent interpretations — 
 or opinions — of their own; and too many soldiers were 
 required to attend to them. 
 
 Something must be done. 
 
 Society needs another patch. 
 
 Already the soldiers are insufficient. The king has been 
 assassinated by one of the common horde merely because 
 the last crooked interpretations of the moral law — now 
 called the law — by the king resulted in the starvation of 
 the assassin's wife when about to give birth to her first 
 born. And the judge just selected to take the place of the 
 former king is afraid to make such an interpretation — 
 no longer called the moral law — as will be necessary in 
 order to enable him to hold his job for fear it might natur- 
 ally result in the starvation of others and his own subse- 
 quent assassination. 
 
 Certainly the social compact is urgently in need of 
 patches. 
 
 Either the new king must go to work and do some hard 
 thinking or get to work and earn his daily bread. The 
 latter would not be compatible with his dignity and the 
 former is the least objectionable of the two evils, one of 
 which has been made unpleasantly necessary by the horde 
 of the many, some of whose wives and daughters have 
 
14 The Anarchist Constitution. 
 
 already been compelled to rent their bodies to the soldiers 
 and king^s favorites for food ! 
 
 Driven to this unpleasant necessity for hard thinking, 
 a happy thought occurs to the king in his dilemma. 
 
 Hold off on those crooked interpretations of the moral 
 law — ^the law — as much as possible for a little while and 
 teach them that the king is ''divine'' and can do no wrong. 
 
 But what do the people know about divinity? They 
 have never as yet heard of any such thing. They must be 
 taught, and an idea of the divine must be manufactured 
 for them. 
 
 A great idea worthy of a noble soul! For henceforth 
 people must have souls. Otherwise it would not be posj 
 ble to divert their attention from the fact that they are- 
 being robbed of material things for the benefit of the 
 body. 
 
 But the many may not swallow that idea about a soul. 
 It^s new to them. Their fathers never heard of it. 
 
 Twenty years or more is a long time to hold off on 
 those crooked interpretations but what can't be avoided 
 must be borne. 
 
 All the interpretations except those the people are accus- 
 tomed to must be deferred until a new generation springs 
 up familiar with the king^s new idea about a soul. 
 
 The soldiers are given a snap more to their liking — ^that 
 is those who can "believe" all the king tells them about 
 souls. 
 
 They are sent . out to tell the credulous, especially the 
 women and children, about Eichard Roe. This Richard 
 Roe, afterwards more familiarly known as Roe, was repre- 
 sented to be something great. He had wonderful powers, 
 among which the principal one was a demonstrated 
 ability to make something out of nothing as a raw mate- 
 rial. It was a secret process and the process was not for 
 sale. He it was who made the tiny stars, the burning 
 sun and the silvery moon and threw them all up so high 
 in the air that they never came down again. There were 
 
The Anarchist Constitution. 15 
 
 various other things he could do which other people 
 couldn't. He could make his old body young again as 
 often as he pleased and live on forever, which of course 
 he did — for himself. The king had urgently requested 
 him to do the same thing for all his social family, but Koe 
 didn't see it that way. That is, he could if he wanted to 
 but really didn't care to. He agreed to a compromise, 
 however. He would manufacture a soul out of nothing 
 for all who desired it (one for each person) and sell them 
 all at just the cost of raw material — nothing. He would 
 also give with each soul a written guarantee to keep it 
 alive and in good health free of cost as long as he, himself, 
 should live; which was pretty sure to be forever. But 
 there were strings attached to the good health part of the 
 guarantee. True there were no strings to the guarantee 
 as to the workmanship and material, nor even to the eter- 
 nal staying qualities of these souls, but the guarantee to 
 keep in repair was conditional upon following directions: 
 
 Everybody took a soul on Eichard, as the king thought 
 they would. 
 
 There was only one fault to find — a mere trifle consid- 
 ering they got the souls for nothing — and that was that 
 the directions were not very explicit. However, the king 
 understood them thoroughly and explained them in great 
 detail to those of the soldiers before mentioned. And — 
 noble king — he would permit his soldiers (that is those of 
 them before mentioned) to go out among the people and 
 dedicate their lives to explaining to the people how to 
 follow the directions. 
 
 These soldiers had to be distinguished from the others 
 and were called divines because they explained to the 
 people how to follow Eoe's divine directions. Of course 
 a man who could make such perfect souls out of nothing 
 and give them away was, beyond question, divine ; as were 
 also the directions themselves and everything coming from 
 Eoe — sometimes called Goe by little tots Just learning to 
 talk. 
 
16 The Anarchist Constitution. 
 
 Eoe himself (sometimes also called Goed by children who 
 had a cold) kept himself carefully out of sight to avoid 
 interviews in regard to his wonderful secret process. He 
 delegated the king, however, to represent him in making 
 explanations of those soul directions; and, of course, con- 
 ferred upon the king and his assistant explainers of the 
 soul directions the divinity necessary to speak with author- 
 ity in making those directions plain to the people. 
 
 This was a great patch. 
 
 It enabled the king, through his "divines," to explain 
 to the people that the soul directions from Eoe (sometimes 
 called, as previously explained, Goed or God) required that 
 the people should be obedient to their masters or Goed 
 would not keep their souls in good health or repairs. 
 
 Of course the king, being divine, was the highest master 
 short of Goed himself. And the king had a quiet tip that 
 Goed would never interfere with him in the master busi- 
 ness. 
 
 He could now make such interpretations (still called 
 the law) as he desired because if any one (even to him- 
 self) entertained any doubt about divine interpretations 
 Goed would do nothing for his soul when it should get the 
 fever. An everlasting high fever isn't very pleasant to 
 contemplate and people were now willing to submit to the 
 interpretations which merely robbed them of the material 
 things, for the welfare of the body only, as long as the 
 guarantee to keep the soul in good health and repairs was 
 not repudiated. And, according to the divines, no man 
 could tell whether his soul had the fever or not until after 
 he no longer had use for any material things for the body. 
 Still it w^as generally presumed, and even asserted by the 
 divines, that fever was spontaneous in every soul and 
 would break out of its own accord as soon as the guarantee 
 was forfeited. * 
 
 Now and then some judge would get the idea that the 
 king had no right to a monopoly of divinity and would 
 take a few of the king's divines who were well versed in 
 
The Anarchist Constitution. 17 
 
 the intricacies of soul directions, with as many other peo- 
 ple as he could induce to go along, and go so far away 
 that they were beyond reach of their former king. 
 Of course they all took their souls along with them. 
 The divines, well known for their constancy and devo- 
 tion to the laborious work of explaining soul directions, 
 devoted all their working hours — never eight hours a day 
 — to explaining those soul directions. 
 
 The judge had a quiet tip of his own from Goed before 
 he left that if these people who went away wanted their 
 souls kept in repairs they would have to make the judge 
 king, in which case Goed would deal with the people 
 through him. 
 
 The judge was accordingly made king, with full divin- 
 ity, of the new branch of the social family. 
 
 The old social compact was, of course, taken right along 
 and the judge (now king) did a little patching on his own 
 account. He had a son that must be provided *f or and 
 decided that, as there were no judges to select a new king 
 in case of his OAvn death, his son should succeed him as 
 king and he had his divines give formal notice to the 
 people that it was a new addition by Goed to the soul 
 directions that they recognize the son, upon the death of 
 the father, as king by virtue of the divine directions. 
 
 Many new branches of the social family were started in 
 like manner in all directions but in every case the same 
 old social compact, with many and various patches, was 
 recognized by all the various branches of the social family, 
 though not recognizing the same executive power for the 
 execution of it, and Goed's soul directions in some form 
 or other amply explained in a continuous performance 
 by both day and night shifts in every branch on the face 
 of the earth. 
 
 And so it has continued down to the present day. The 
 original social compact has never been declared off and it 
 is still in force throughout the United States at this mo- 
 
18 The Anakchist Constitution. 
 
 ment ; though no man knows, and no man can know, what 
 its terms are. 
 
 Anarchists simply want that old original social compact 
 wiped out and something better substituted in its place. 
 
 Ask any lawyer if he knows the law. "Well, (ahem) 
 no, (er-a) I can^t re-a-lly say (ahem) that anybody actu- 
 ally knows (er-a-ahem) ALL the law." And you wonder 
 what the devil the man is trying to conceal. For if there 
 is any one thing, more than all other things, that a lawyer 
 is well trained to conceal it is his supreme contempt for 
 the law, for if lawyers did not take it seriously, who 
 would ? As well might a preacher not pretend to take the 
 bible seriously. 
 
 A certain lawyer, whose name I do not remember, was 
 especially disgusted with the absurd (and consequently 
 unjust) decision of the judge against him; whereupon he 
 began to slam his books around and mutter grumblingly 
 to himself. "Mr. Doe," said the judge, with most im- 
 posing* dignity, "are you trying to show your contempt 
 for this court?" "No, your honor," replied the lawyer, 
 "I'm trying my damndest to conceal my contempt for the 
 law and this court." 
 
Chapteb III. 
 Anarchy. What Is It? 
 
 First of all it isn't. That is, it does not exist, and 
 never has existed, except in the advocation of it, since the 
 beginning of recorded history. 
 
 All of those people who, through ignorance or prejudice, 
 are opposed to anarchy define it very glibly as a state of 
 chaos, disorder and confusion; which seems to be a first 
 class definition of the present state of affairs. 
 
 Some define it as want of government or a state of so- 
 ciety without law which permits people to do as they please 
 with impunity, meaning to do wrong as much as they 
 please. If any anarchist could be found on the face of 
 the earth who stood for such anarchy he would be quite 
 well satisfied with the present condition of society for the 
 people are permitted do wrong now to quite a sufficient 
 extent to satisfy the most vicious and degenerated. 
 
 One dictionary defines an anarchist as "one who excites 
 revolt or promotes disorder in a state/' 
 
 According to this definition George Washington, John 
 Adams, Thomas Jefferson, Patrick Henry, Benjamin 
 Franklin and Thomas Paine were the most pronounced 
 half-dozen anarchists the western world ever produced 
 and they were, in fact, to a great extent, as we shall pres- 
 ently see by going a little deeper into a study of the mean- 
 ing of the word, though they were not out and out anar- 
 chists. 
 
 Almost without exception the definitions given of the 
 word mean something very different from what anarchists 
 stand for and it must manifestly be absurd to give to the 
 word a meaning which is what anarchists, who stand for 
 anarchy, are opposed to. 
 
20 The Anarchist Constitution. 
 
 And, as the definitions obtainable do not give us any 
 correct information, it will be well to consider the origi- 
 nal significance and etymology of the word as well as we 
 can without quoting Greek; from which language the 
 word is derived. 
 
 The Greek word from which we get the word "anarchy" is 
 one that has given the basis of many other English words 
 as well: but the most common of them all is the word 
 "archives." 
 
 "x\rch" is what is termed in etymology the root, or that 
 unchangeable part of the word which is slightly modi- 
 fied by prefix, affix, or both, to modify the meaning; and 
 carries with it the idea of the past or antiquity; and 
 frequentty, though not as used in the word "anarchy," the 
 idea of precedence. Thus we get the word "archives" for 
 the records of the past. And, though properly speak- 
 ing, archives would include all kinds of records of the 
 past, 3'et.in England, as well as in other European coun- 
 tries, the court records and such statutes as were enacted 
 (which were almost infinite in number) practically con- 
 stituted the archives of those countries. 
 
 And these archives were incessantly cited as authority 
 for doing whatever was shady and required justification. 
 
 The bulk of the people concerned themselves but little 
 with the regulation of society, whether from lack of edu- 
 cation or otherwise is immaterial. 
 
 Those who governed (or misgoverned) were few and 
 those who strongly opposed the manner of government were 
 almost as few. 
 
 The many were, like sheep, easily led not only by those 
 whose arguments most swayed them, but by those, as well, 
 who were most able to make a showing. Arguments 
 though, of course, had their weight. 
 
 As before stated, when the actions of those who gov- 
 erned (or misgoverned) were particularly atrocious they 
 merely pointed to the archives and showed that such was 
 
The Anarchist Constitution". 21 
 
 the law. How it became the law is easily explained but 
 foreign to the subject. 
 
 Anything that was desired by those who governed to be 
 the law could be shown to be such, however, by some part 
 of the archives for the court records, or previous decisions 
 of judges, were held to be law; as they are to this day. 
 And that, notwithstanding the previous decisions may 
 have been just, or somewhat justified, under the circum- 
 stances, but in other cases, under the circumstances, most 
 unjust. 
 
 So it was that many people strenuously objected to being 
 governed by these archives, handed down from former gen- 
 erations, and often most barbarous and fiendish. 
 
 They were not opposed to justice — not afraid to submit 
 to the judgment of their fellow men and abide by their 
 decisions of any case decided on its merits without regard 
 to the archives. 
 
 But as the archives, in some place or other, defined al- 
 most every human action as felony and fix:ed the penalty 
 (usually death and frequently worse than death) those 
 who were aware of that fact drew the line on those ar- 
 chives. 
 
 It now only remains to determine what to call this oppo- 
 sition to the archives which, we must remember, is essen- 
 tially a Greek word. 
 
 In English we have certain prefixes ; such as ^^in,'^ "un," 
 "im," etc., to prefix to words to give them an opposite 
 meaning: by which means we get the words "incapable," 
 as opposed to "capable;" "unnecessary," as opposed to 
 "necessary ;" and "impossible," as opposed to "possible." 
 
 So in Greek "a," the first letter of the alphabet, was 
 used as a negative prefix precisely as our "in," "un," and 
 "im." Prefixing this "a" to "arch," the root before 
 spoken of, we would have the word "a-arch." But in both 
 Greek and English it is customary for the sake of euphony^ 
 so as to avoid harsh sounding words, to add "n" to "a" 
 before a vowel. We do not say "a Qgg" but place "n" be- 
 
22 The Anarchist Constitution. 
 
 tween the two vowels. We do not say "a-arcli'^ but ^^anarch." 
 We add the 'y to "anarch" the same as we add the "y" 
 to "smith" for smithy, meaning a blacksmith. 
 
 George Washington and his fellow founders of this gov- 
 ernment objected to being governed without regard to 
 the principles of justice merely because the archives could 
 be cited as authority for so doing and, to this extent, they 
 were anarchists. They were not, how^ever, anarchists to 
 the full extent of the meaning of the word as they did not 
 even undertake to abolish government by means of these 
 old archives but, on the contrary, after striking out by 
 means of the United States Constitution a few of the 
 most barbarous and fiendish parts (which accomplish- 
 ment even anarchists do not belittle) they adopted as the 
 very foundation of their government and jurisprudence 
 these same old English archives and to this day the com- 
 mon law of England (which is nothing but the same old 
 archives or court records — decisions — of ancient genera- 
 tions) is practiced throughout the United States. 
 
 Some people like to divide up anarchists into all sorts 
 of classes such as philosophical anarchists, unphilosophi- 
 cal anarchists, fool anarchists, damn fool anarchists, etc. 
 I know of but one class that doesn't take the foregoing 
 view of anarchy. That is the class that is said to be 
 opposed to law and government on principle. 
 
 I am equally willing to defend either, for there is so 
 little, if any, difference between them that it is extremely 
 difficult to appreciate it. For it must be borne strictly in 
 mind that anarchy according to the latter, if two classes 
 there be, is only a relative term, representing a more ad- 
 vanced stage than the past or present in the gradual dis- 
 pensing with "established rules and fixed precepts" (as 
 Blackstone puts it) with its attendant diminution of cen- 
 tralized power over the lives and material welfare of the 
 people vested in the so-called "representatives" (agents 
 would be a better word as no man can represent another 
 
The Anarchist Constitution-. 23 
 
 in the true ^nse of the word) of those people whom they 
 are supposed to "represent." 
 
 Considered in this lights it can be compared, simply to 
 get a clear conception of the mere relativeness of the term, 
 to the "free-trade" policy of the democratic party, advo- 
 cated so long and with such apparent earnestness. 
 
 The greatest distinction between the Eepublican and 
 Democratic parties until recently, and the only one till 
 1896, was the issue between "protection" and "free-trade." 
 Neither of these parties ever stood for "protection" or 
 "free-trade" in the absolute sense but only in a relative 
 sense. The Eepublican party never advocated barring out 
 foreign merchandise completely or absolutely, but only to a 
 limited or relative extent : to a relative extent as com- 
 pared with a freer admission of such merchandise. Nor 
 did the Democratic party ever advocate free-trade in an 
 absolute sense which would wipe out all tariff duties : but 
 only in a relative sense as compared with greater restric- 
 tions on, and barriers to, the exchange of labor products. 
 Yet the Democratic party is the one which has been said 
 ^0 stand for free-trade, though it never advocated making 
 trade free but only making it a little less unfree. 
 
 So Tvith anarchists who are said to be opposed to govern- 
 ment and law on principle. All anarchists are opposed 
 on principle to what the words "government" and "law" are 
 now generally understood tc represent, The} an oppose( 
 to all government and law such as we have any examples 
 of. They have no opposition or antagonism to the mere 
 words "government" and "law." They would have no 
 animosity, but only pity, for a few imbeciles who posed as 
 the sponsors for the morality of the people — ^their supe- 
 riors — and called themselves a government as long as those 
 imbeciles did not have a power — and exercise it — to in- 
 fringe upon the rights of others. And if a law were en- 
 acted prohibiting people (under severe penalties if you 
 please) from jumping over the moon anarchists would not 
 
24 The Anarchist Constitution". 
 
 be incensed thereat merely because it was •called a law 
 any more than if it were merely called a recommendation. 
 
 K"or are they oi3posed to such few simple lawS;, rules or 
 regulations as do not materially infringe upon their rights ; 
 nor to such as are necessary — provided they are really 
 necessary. They certainly are opposed to submitting to 
 such an infinite amount of complicated law that no man 
 could ever read it all in a century. They are opposed to 
 being governed by "established rules and fixed precepts" 
 that it is impossible for them to ever so much as read over 
 a single time. They are opposed to government by such 
 "established rules and fixed precepts" as can not generally 
 be applied, but any one of which may be for the purpose 
 of persecution, robbery and oppression. They are cer- 
 tainly opposed to such laws as give to J. Pierpont Morgan 
 the power to enslave men and drive women into prostitu- 
 tion to get bread! 
 
 In short, they say that any law which is a crooked in- 
 terpretation of the moral law is in conflict with the moral 
 law and that the moral law is more binding than any 
 human law can be. 
 
 But, some people say, anarchists only complain of the 
 necessary hardships of a necessary government. That 
 all people are opposed to the same things that anarchists 
 complain of. That those things are not the result of our 
 government. That our government is the very best — 
 all wool and a yard wide. That anarchists simply want 
 to tear down what it has taken ages to build up and haven't 
 a sufficient amount of intelligence to supply anything 
 better. 
 
 Anarchists certainly do wish to tear down what has 
 been handed down to us by former ages of superstition 
 and oppression. Anarchists do place more reliance in the 
 intelligence of the present generation for the government 
 of the present generation than they do in our ancient 
 bloodthirsty ancestors for the government of our present 
 generation. 
 
The Anarchist Constitution". 25 
 
 A*s to not having sufficient intelligence to supply some- 
 thing better^, the most ordinary hod carrier could supply 
 something which could not be any worse. 
 
 And when anarchists say this they are invariably asked 
 why it is not done. If it has not been done many times 
 already it is only because people do not ordinarily like to 
 begin at the end of their work and go back towards the 
 beginning. The first and most important work is to wipe 
 out of existence our pre-existing law, or the ancient social 
 compact. 
 
 Little, if any, law is needed, but the easiest work on 
 earth — the greatest snap — is the manufacture of law for 
 other people to be governed by. 
 
 However, as this cry about not supplying anything bet- 
 ter is getting to be a bad dream with those who can't say 
 anything else against anarchists, it might be well to pre- 
 sent something better, designed to supersede our United 
 States Constitution. 
 
 The first temptation is to make it concise; in one sec- 
 tion and three sentences, as follows : 
 
 "All law whatsoever is hereby repealed. But, notwith- 
 standing, the social structure for the execution of public 
 policy and management of public affairs shall be continued 
 as heretofore. But, notwithstanding (I'm fond of that 
 'but notwithstanding' business but 3an only use ii ii th 
 last two sentences — being only three) the rights of man 
 shall not be materially infringed upon any more than is 
 absolutely necessary." 
 
 But, as there are so many people who do not seem to 
 understand such a constitution, and as we may not have 
 reached a sufficiently advanced stage of intellectual devel- 
 opment to properly execute it, a more elaborate affair has 
 been framed and is submitted for approval in the suc- 
 ceeding chapter. 
 
Chapter IV. 
 THE ANARCHIST CONSTITUTION. 
 
 A New Social Compact. 
 
 Preamble. We, the people of the United States, in 
 order to reach a more advanced state of society and insure 
 to the people a greater measure of justice and freedom 
 and, as nearly as possible, to guarantee to all an opportu- 
 nity to labor, and enjoy the fruits of their labor, so that 
 all may have an equal opportunity to provide for the mate- 
 rial welfare of themselves and those dependent upon them^ 
 do ordain and establish this constitution for the regulation 
 of social relations of the people towards each other and 
 recognize, and hereby assert, our moral obligation to do all 
 in our power to make it serve the ends of justice to all. 
 without regard to technical matters. 
 
 Section 1. All law heretofore existing is absolutely 
 repealed and nullified in-so-far as the people of the United 
 States, or any of them or their territories, are concerned 
 and cannot be revived or re-enacted except by amendment 
 to this constitution, or as herein provided. 
 
 Sec. 2. The regulation of the United States shall vest 
 in a President and Congress, except as herein provided. 
 
 Sec. 3. The Congress shall consist of two houses, 
 which shall be a Senate and House of Eepresentatives re- 
 spectively. 
 
 Sec. 4. Upon adoption of this constitution, the Con- 
 gress shall be as at the time of adoption of this constitu- 
 tion until changed in accordance herewith. 
 
 Sec. 5. The President holding office at the time of the 
 adoption of this constitution and all government officials 
 elect witbin the territory of the United States, whose of- 
 fices are continued under this constitution, shall serve out 
 
The An-archist Constitution-. 27 
 
 the term for which they were elected except as otherwise 
 herein provided. 
 
 Sec. 6. Either the President or Congress may appoint 
 any officer or official to fill any vacancy in a federal office, 
 except as herein provided. 
 
 In the case of an appointment by the President, it shall 
 be superseded by a subsequent appointment by Congress. 
 
 Sec. 7. All states and territories which were states 
 and territories of the United States prior to the year 1898 
 shall be and constitute states of the United States and no 
 state shall withdraw from the union of states known as 
 the United States without the consent of a majority of 
 the other states. But each state shall have at least one 
 representative in Congress. 
 
 Sec. 8. All monies, books, papers, records, and other 
 property belonging to the United States, any state, county, 
 city, town, or city and county, at the time of the adoption 
 of this constitution shall belong to its respective successor 
 under this constitution. 
 
 Sec. 9. The regulating or governing bodies of all 
 towns, cities, counties and states shall be constituted as 
 they were at the time of the adoption of this constitution, 
 until changed as herein provided. 
 
 The mention herein of any office or official shall provide 
 for such office. Congress may provide for any federal office 
 not in conflict with other provisions of this constitution 
 and fix the compensation thereof, not to exceed that of a 
 representative in Congress. The legislature of each state 
 may provide for state offices and fix the compensation, 
 not to exceed that of a legislator in the most numerous 
 branch of the state legislature. Towns and cities may 
 provide local offices of their own and fix the compensation 
 not in conflict with any of the provisions of this constitu- 
 tion. And, in accordance herewith, the legislature of 
 each state may provide for such detective force as may 
 be deemed advisable. 
 
 The government of territories existing prior to the year 
 
28 The Anarchist Constitution-. 
 
 1898 shall continue as at the time of the adoption of this 
 constitution until they have governors and legislatures as 
 provided for states herein, after which time they shall 
 be as other states. 
 
 Sec. 10. Either the governor or legislature may ap- 
 point any state or county officer or official to fill any 
 vacancy. 
 
 In case of appointment by the governor, it shall be 
 superseded by a subsequent appointment by the legisla- 
 ture. 
 
 Sec. 11. All counties existing at the time of the adop- 
 tion of this constitution shall be counties until changed 
 in accordance with this constitution and the sheriff of 
 each county holding office, or duly elected, at the time of 
 the adoption of this constitution, shall serve out the time 
 for which he was elected. 
 
 Sec. 12. One city or town in each county shall be des- 
 ignated by the legislature as the county seat and, until 
 otherwise changed by the legislature, the county seat of 
 each county shall be the same as at the adoption of this 
 constitution. 
 
 Each county shall have a county clerk who shall be, by 
 virtue of his office, clerk of as many departments of the 
 court of his county as may be located in the county seat, 
 and also registrar of voters for the county seat. There 
 shall be a department clerk in each town or city other than 
 the county seat in which there is one or more departments 
 of the county court, and he shall be, by virtue of his office, 
 clerk of all the departments of the county court in said 
 town or city, and also registrar of voters in said to^^^l or 
 city. There shall be a county registrar of voters who shall 
 have supervision of, and be responsible for, the registi^- 
 tion of voters within the county and not within the terri- 
 torial jurisdiction of a county or department clerk. And 
 he shall report to the county clerk. But there shall be 
 no county registrar of voters where there is no territory 
 in which for him to have jurisdiction. 
 
The Anarchist Constitution-. 29 
 
 Each county shall have a sheriff who shall be, by virtue 
 of his office, the chief of police for the county seat, and 
 his territorial jurisdiction shall be throughout the extent 
 of his county; all towns and cities having one or more de- 
 partments of the county court therein, excepted. Each 
 town and city, not a county seat, and having one or more 
 departments of the county court located therein, shall have 
 a deputy sheriff who shall be, by virtue of his office, the 
 chief of police. 
 
 Each town and city may provide for such a police force 
 as the good of the community therein may seem to require, 
 but such force shall be diminished as fast as, and as far 
 as, the good of the community therein will permit. The 
 sheriff shall have police supervision over his county at 
 large and shall have such police force therefor as the state 
 legislature may provide but such force shall be dimin- 
 ished as rapidly as the welfare of the county will permit. 
 
 Sec. 13. All cities and towns existing at the time of 
 the adoption of this constitution shall be cities and towns 
 respectively until otherwise provided by this constitution 
 or by the legislature of the state in which they are sit- 
 uated. 
 
 Sec. 14. Either the mayor or the governing body of 
 a city or town may appoint any city or town officer or offi- 
 cial to fill a vacancy. 
 
 In case of an appointment by the mayor, it shall be 
 superseded by a subsequent appointment by the governing 
 body of the city or town. 
 
 Sec. 15. Every town shall conduct one or more stores 
 for the sale of merchandise subject to the general super- 
 vision of the mayor of the town and the governing body 
 thereof. 
 
 Sec. 16. All towns may engage in and conduct such 
 other business as to the mayor and governing body may 
 seem proper and must engage in and conduct to the best 
 of their ability such other business as a majority of the 
 voters at any election direct. 
 
30 The Anarchist Constitution". 
 
 Sec. 17. Sections fifteen and sixteen shall apply 
 equally to cities, counties and states with the exception 
 that the provision of section fifteen in regard to stores 
 for the sale of merchandise shall not apply to counties 
 and states. 
 
 Sec. 18. Every city and town shall publish a directory 
 at least every two years and every city having a population 
 of more than ten thousand inhabitants shall publish a 
 directory every year. 
 
 Sec. 19. The legislature shall provide for the most 
 efficient public school system possible and all books used 
 therein shall be free of cost to the pupils. 
 
 Sec. 20. The United States may engage in such lines 
 of business as to the Congress may seem proper. 
 
 Sec. 31. The United States must engage in and con- 
 duct to the best of their ability such lines of business as 
 the House of Eepresentatives may, by a two-thirds vote, 
 direct. 
 
 Sec. 22. The United States must engage in and con- 
 duct to the best of their ability such lines of business as 
 a majority of the states may direct. 
 
 Sec. 23. The United States must engage in and con- 
 duct to the best of their ability such lines of business as 
 a majority of the voters at any national election may 
 direct. 
 
 Sec. 24. The United States must submit to a vote of 
 the people at the next national election, for approval or 
 rejection, the recommendation to the Congress to engage 
 in any line of business, if made six months or more pre- 
 vious to a national election, by one-third of the members 
 of Congress, by one-third of the states, by three-fourths 
 of the governors, or by the mayors of one-tenth of th# 
 cities of more than ten thousand inhabitants. 
 
 Sec. 25. The Congress shall have general supervision, 
 acting in the capacity of a board of directors, over all busi- 
 ness carried on by the United States, but no person con- 
 nected with, or employed in, the prosecution of such busi- 
 
' The Anarchist Constitution. 31 
 
 ness shall have a greater income than a member of the 
 House of Representatives. 
 
 Sec. 26. The United States may provide for and main- 
 tain such navy as Congress may direct under such rules 
 and regulations as Congress may establish. 
 
 Sec. 27. The United States may provide for and main- 
 tain such army as Congress may direct under such rules 
 and regulations as Congress may establish, provided that 
 in time of peace when war is not imminently impending 
 such army shall not exceed five thousand men. 
 
 Sec. 28. The United States shall maintain one mili- 
 tary academy and one naval academy under the direction 
 of Congress. 
 
 Sec. 29. Each state shall provide for and maintain 
 a citizen militia, under the direction of the legislature, 
 which, in time of peace, shall be maintained in encamp- 
 ment, as in military campaign, two months in each year. 
 Each male citizen of the state, unless excused for physical 
 incapacity must serve through two yearly encampments 
 before he reaches the age of twenty-one years, provided 
 no person need serve under this section who has passed 
 the age of nineteen years at the time of the adoption of 
 this constitution. The United States shall place at the 
 disposal of each state one military instructor, for the pur- 
 pose of carrying out the provisions of this section, who 
 shall be a graduate of the United States military academy. 
 In time of peace, no person shall belong to said militia 
 who has passed the age of twenty-two years and, in time 
 of peace, no person shall be required to serve in the said 
 militia more than for two months in each one of two dif- 
 ferent years. 
 
 Sec. 30. No patents or copyrights for new inventions 
 or writings shall ever be issued in the United States. 
 
 Sec. 31. Congress shall be a committee of the whole 
 for the purpose of suitably rewarding inventors and 
 writers for their work upon the recommendation of the 
 home state of the inventor or author. But this shall not 
 
32 The Anarchist Constitution-. 
 
 be construed as prohibiting Congress from acting on the 
 recommendations of a sub-committee for the considera- 
 tion of such rewards. Each state legislature shall, in 
 like manner, be a committee of the whole for rewarding 
 inventors and authors of such state upon the recommenda- 
 tion of the home town or city of an inventor or author. 
 Each town or city governing body shall, in like manner, 
 be a committee of the whole for awarding such rewards, 
 provided each town or city governing body may prescribe 
 •for its own regulation under what conditions it will take 
 cognizance of applications for such rewards, and such con- 
 ditions must be uniform as to all such applications. Any 
 resident of such town or city may, within thirty days, 
 appeal to the legislature to stay such award for a reason- 
 able time and the legislature may stay the award and de- 
 clare it annulled. The legislature shall not reward an 
 inventor or author upon the recommendation of his home 
 town or city to a greater extent than is so recommended. 
 And, upon any award by the legislature, any legislator, 
 thereof, may appeal to the Congress to stay such award 
 for a reasonable time and the Congress may stay the award 
 and declare it annulled. The Congress shall not reward 
 an inventor or author upon the recommendation of his 
 home state to a greater extent than is so recommended. 
 Congress shall make no awards to inventors or authors 
 except upon the recommendation of the home state of the 
 inventor or author. The legislature shall make no awards 
 to inventors or authors except upon the recommendation 
 of the home town or city of the inventor or author. 
 
 Sec. 32. Any city or state may submit to a vote of 
 the people at any regular election whether or not to engage 
 any specified number of persons on salary to work on |ny 
 invention or literary production and, unless the names of 
 such persons and the salaries to be paid are provided for 
 in such election, all persons engaged by virtue of such 
 election shall be paid only the average earnings of jurors, 
 as determined by the provisions of this constitution. 
 
The Anarchist Constitution". 33 
 
 Sec. 33. No legislative or governing body in the 
 United States, or in any of them, shall define any crime 
 or fix any penalty for misbehavior, provided that courts 
 shall not be construed as governing bodies. 
 
 All trials shall be public unless by mutual agreement 
 between both plaintiff and defendant, and otherwise sanc- 
 tioned by the adviser. 
 
 Sec. 34. Congress shall have power to establish United 
 States courts, not in conflict with any of the provisions 
 of this constitution, and prescribe their constitution, 
 duties, regulations and jurisdiction; provided, they shall 
 not have jurisdiction over causes arising between citizens 
 or residents of the same state nor have jurisdiction over 
 the misbehavior of any person not a federal officer com- 
 mitted within any state. 
 
 Sec. 35. Every state shall establish in each county one 
 court, which may be divided into as many departments 
 as the legislature shall direct, which shall be known as 
 the county court of the county in which it is. 
 
 Sec. 36. The county court of each county shall be 
 divided into as many departments as the legislature may 
 from time to time direct, and the departments located as 
 the legislature may direct. 
 
 Sec. 37. The governor of each state shall appoint for 
 each department of each county court within his state 
 a court adviser who has served one year in his county as 
 a judge prior to the adoption of this constitution and, 
 without good and sufficient cause to his own satisfaction 
 for the contrary, he must appoint as court adviser the 
 last judge of said court who has served the requisite time. 
 Said adviser shall serve until as otherwise herein pro- 
 vided. Said adviser shall, either in person or (when 
 necessary) by a substitute to be appointed by him, pre- 
 side over every case considered by his department and 
 give such advice as he can that he may be asked for by 
 either party to the case or by any of the jury. He may 
 also volunteer such advice as to him may seem pertinent 
 
34 The Anarchist Constitution. 
 
 to the case but in no case shall he direct or instruct any 
 jury as to what verdict must be rendered. 
 
 Sec. 38. Any person who believes that his rights, or the 
 rights of the community, have been materially infringed 
 upon so as to amount to great injustice may constitute 
 himself a plaintiff and, without cost, file his complaint with 
 the county or department clerk and if the defendant named 
 therein resides in the same town or city the county or 
 department clerk must endorse the complaint, or a copy 
 or synopsis thereof, to the sheriff or deputy sheriff which 
 shall constitute a warrant and, except in cases of murder 
 or other heinous felony, in which cases the complaint 
 must be endorsed by three citizens before it can be taken 
 cognizance of, he shall recommend a proper amount of 
 bail. If the sheriff or deputy sheriff approve the amount 
 of bail recommended by the county or department clerk 
 he shall take such bail or arrest the defendant. If he 
 does not approve such amount of bail the county or de- 
 partment clerk, the sheriff or deputy sheriff, and the court 
 adviser (or advisers if it be in a town or city in which 
 there are more than one department) shall constitute a bail 
 board and a majority, or half if it be of an even number, 
 of such board, shall determine a proper amount of bail. 
 If it be too serious a felony for the county or department 
 clerk to recommend any amount of bail, the bail-board 
 must be called upon immediately to pass judgment there- 
 on and each member of the bail-board must endorse on the 
 complaint, or copy or synopsis thereof signed by the county 
 or department clerk, his judgment of amount of bail to 
 be required. If a majority, or half, of the members of 
 said bail-board agree on any amount, such shall be the 
 amount. If not, the average of such amounts so endorsed 
 shall be the amount of bail to be required. If the defend- 
 ant does not reside in, or cannot be found in, the town 
 or city in which the complaint is filed the county or depart- 
 ment clerk shall, if in his opinion the case warrants the 
 apprehension of the defendant, or in case the bail-board 
 
The Anarchist Constitution. 35 
 
 has been called upon to determine a proper amount of 
 bail to be required^ endorse to the sheriff or deputy sheriff 
 as serviceable anywhere within the county the complaint, 
 or copy or synopsis thereof, signed by him, which com- 
 plaint, or copy or synopsis thereof, is the warrant to the 
 sheriff, or deputy sheriff, for the arrest of the defendant 
 anywhere within the county. If said warrant be endorsed 
 as serviceable throughout the state by all, or all but one, 
 of the bail-board it shall be serviceable as a warrant for 
 arrest in any part of the state and if, in addition to said 
 endorsements, it be endorsed by the governor it shall be 
 serviceable in any part of the United States. Provided, 
 however, that if there be two or more warrants for the 
 same defendant the one bearing the earliest date shall 
 have precedence unless otherwise mutually agreed by the 
 advisers and provided that in cases where this is not 
 sufficient to settle any controversy it may be determined 
 by the governor except where two or more states are in- 
 volved it shall be determined by the President. 
 
 Sec. 39. All complaints shall be numbered by the 
 county or department clerk as they are filed, in numerical 
 order. And all cases shall be heard and tried in numeri- 
 cal order, according to the number of the complaint, ex- 
 cept as herein provided. 
 
 Sec. 40. The adviser shall grant the first postpone- 
 ment of a case if mutually desired by both the plaintiff and 
 defendant and, in cases of such mutual desire, may grant 
 further postponements indefinitely. 
 
 Sec. 41. At the solicitation of either plaintiff or de- 
 fendant a postponement shall be had by the unanimous 
 consent of the bail-board. 
 
 Sec. 42. At the solicitation of the defendant one post- 
 ponement, not exceeding thirty days, must be granted, 
 if no previous postponement has been granted. 
 
 Sec. 43. At the solicitation of either plaintiff or de- 
 fendant at any time a postponement must be granted pro- 
 vided a physician's certificate be produced showing that 
 
36 The Anarchist Constitution". 
 
 the party is unable to attend court and provided for 
 the first postponement the certificate is signed by one phy- 
 sician, the second by two, the third by three, and so on in- 
 definitely and provided that only one such postponement, 
 not exceeding ten days, at the solicitation of the plaintiff, 
 can be had unless the defendant has been released on bail. 
 
 At the solicitation of either plaintiff or defendant, one 
 postponement, not exceeding ten days, shall be granted for 
 the inability of a principal witness, registered with the 
 county or department clerk as' such. And, in cases of 
 heinous felony, any number of postponements may be 
 granted, in like manner, in the discretion of the adviser, 
 upon solicitation of defendant. 
 
 Sec. 44. No court or department thereof shall hear or 
 determine any case within one week from the date of filing 
 complaint except by request of both plaintiff and defend- 
 ant and in no case can a jury trial be waived. 
 
 Sec. 45. Every case shall be tried by a jury and every 
 jury shall consist of twelve jurors who shall be men whose 
 names are in the directory herein provided for, provided 
 that where women are allowed to vote they shall be men 
 or women, or both, whose names are in the directory. The 
 county or department clerk shall take the names of eligi- 
 ble jurors in alphabetical order out of the directory with- 
 out skipping or excusing any person eligible to serve as a 
 juror. Any person who has not reached the age of twen- 
 ty-one years, or who has passed the age of sixty years, shall 
 be excused from jury duty. No juror shall serve on any 
 case where he is ancestor or posterity of either plaintiff 
 or defendant or brother or sister or a member of the same 
 household. A juror's official statement on the subject 
 shall be conclusive evidence as to such relation and a 
 juror excused for any reason shall serve on the next jury 
 in the same department for which he is eligible. 
 
 Sec. 4G. The jury shall be absolute judge of all ques- 
 tions of law and fact and of the admissibility of evidence. 
 The adviser may give an opinion of the admissibility of 
 
The Anarchist Constitution. 37 
 
 evidence but such opinion may be over-ruled by a majority 
 of the jury. One-half of the jury with the adviser con- 
 curring or a majority of the jury in opposition to the ad- 
 viser shall be the decision of the court in everything; 
 questions of law, questions of fact;, admissibility of evi- 
 dence, verdict, judgment, and sentence, all included, ex- 
 cept as otherwise herein provided. 
 
 Sec. 47. \\niere a majority of the jury is herein spoken 
 of, one-half of the jury with the adviser concurring shall 
 constitute such majority, as w^ell as seven or more of the 
 twelve jurors without regard to the decision of the ad- 
 viser. 
 
 Sec. 48. Where more than one case can be tried in one 
 day the jury shall serve one full day provided when, after 
 trying one case, a majority of the jury and both plaintiff 
 and defendant believe the next case cannot be completed 
 that day, or when a majority of the jury and the adviser 
 and either plaintiff or defendant believe the next case 
 cannot be completed that day, the jury shall not take up 
 the next case. But, notwithstanding, a jury must com- 
 plete a case started in on and, in case of such serious ill- 
 ness of a juror that he cannot serve on, or complete, a 
 case, vouched for by a physician, he shall be excused and 
 the next eligible juror substituted; but a juror so excused 
 shall serve on the next jury after he is again able to serve, 
 for the determination of which his physician must vouch, 
 and the county or department clerk must see that such 
 juror is not indefinitely excused. 
 
 Sec. 49. Any juror may ask any question pertinent to 
 the case during the progress of the trial. 
 
 Sec. 50. After the jury has heard all the testimony on 
 both sides both plaintiff and defendant may address the 
 jury within reasonable limits in the discretion of the 
 adviser, reversible on appeal to the jury, after which the 
 adviser shall give his advice to the jury, as unprejudiced 
 against either side as possible, calling attention to those 
 
38 The Anarchist Constitution. 
 
 matters which, from his experience, and in his judgment, 
 appear to him to be most pertinent to the case. 
 
 Sec. 51. The jury shall then retire and deliberate on 
 the case. During such deliberation one-half or more of 
 the jury may call for the plaintiff and defendant (but 
 neither one without the other) in which case they may be 
 accompanied by their attorneys, and the adviser also if 
 one-half of the jury desire him, for further enlightenment 
 and the jury may dismiss them all when a majority so 
 desires. 
 
 When called to the jury room for consultation the ad- 
 viser shall give only such advice or consultation as he is 
 asked for by a juror. 
 
 Sec. 52. Any jury may also register with the county 
 or department clerk a vote of censure against the adviser, 
 any attorney on either side of the case, the county or de- 
 partment clerk, the sheriff or deputy sheriff, any police- 
 man (especially for discourtesy at, or subsequent to, the 
 time of making arrest) or any person whose official con- 
 duct is brought to their notice. When three different 
 juries have registered a vote of censure against any person 
 a complaint against such person may be filed by any juror 
 having served on any of the juries which registered such 
 vote of censure or by any one in whose behalf any such vote 
 of censure has been registered. And when such complaint 
 is heard and tried the jury having the trial thereof may 
 include as part, or the whole, of their sentence a suspen- 
 sion for a specified time, or dismissal, from the office held 
 ])y such person provided that in case of attorneys such 
 attorneys can not be disbarred from the management of 
 any cases already in their charge nor, for the first time, 
 for a longer period than six months. 
 
 Sec. 53. Every jury must file with the county or de- 
 partment clerk an official statement of the monthly earn- 
 ings of each juror thereon, as nearly as he is able to esti- 
 mate the same. Each juror in registering the amount of 
 his earnings shall give as such amount his gross income 
 
The Anarchist Constitution. 39 
 
 less such necessary amount as must be paid therefrom 
 for unavoidable expense not counting in such expense any 
 cost of living, either for himself or any one dependent 
 upon him. For instance, a merchant must give what he 
 receives for goods sold in excess of the cost thereof, or 
 gross profit; less what he pays for rent of store, light, 
 heat, etc., and pay to employees, but not deducting the 
 rent of his domicile or any family or living expense. 
 
 At the end of each month during the first year after the 
 adoption of this constitution, and at the end of each year 
 thereafter, the county or department clerk must certify 
 to the state legislature the average earnings of jurors as 
 determined by such official statements and the state legis- 
 lature, at such intervals, shall cause to be promulgated 
 the average earnings of jurors throughout the state as 
 determined by such statements. Each state legislature 
 must also, in like manner, cause Congress to be notified 
 of the average earnings of the jurors of the state and 
 Congress shall cause to be promulgated therefrom, at such 
 intervals, the average earnings of jurors throughout the 
 United States. And where jury pay or the pay of jurors 
 is herein referred to such average earnings of jurors in 
 the state shall be the standard or unit as to such state and 
 such average earnings of jurors throughout the United 
 States shall be the standard or unit as to the United 
 States. 
 
 But where women serve on juries, the foregoing shall 
 not apply to such women; but only the earnings of men 
 shall be considered: and of only such men, too, as do not 
 receive three-tenths jury pay for incapacity. 
 
 Sec. 54. No offense or misbehavior of any person 
 under the age of thirteen years shall be taken cognizance 
 of in a criminal way by any court or officer in the United 
 States and, only in cases of the greatest enormity and 
 depravity, and by unanimous verdict of the jury, with the 
 adviser concurring, may such child be restrained and such 
 restraint shall not be confinement in any jail or imprison- 
 
40 The Anarchist Constitution. 
 
 ment in any place where adults are confined but may be 
 compulsory attendance at some school, subject only to the 
 usual regulations thereof, aside from compulsory attend- 
 ance, and for a specified time only. 
 
 Sec. 55. A unanimous verdict of the jury, with the 
 adviser concurring, shall be necessary to punish a child 
 under the age of fifteen years. 
 
 Sec. 56. A unanimous verdict of the jury shall be 
 necessary to punish a person under the age of seventeen 
 years. 
 
 Sec. 57. In all cases requiring a unanimous verdict, 
 the jury must agree unanimously on the sentence. 
 
 Sec. 58. To convict and punish a person under the 
 age of twenty-one years, three-fourths of the jury must 
 agree thereon. 
 
 Sec. 59. It shall be necessary for a majority of the 
 jury only to agree on a verdict and sentence when the 
 defendant has passed the age of twenty-one years. 
 
 Sec. 60. In case of sentence against the defendant, the 
 defendant may have a new trial upon petition to the 
 county or department clerk signed by all the jurors, or 
 so many of them as are living and have not been subse- 
 quently convicted for misconduct at the trial of said de- 
 fendant, and the adviser. 
 
 Sec. 61. In the case of sentence agreed to by all the 
 jurors, and endorsed by the adviser, the defendant may 
 have a new trial by petition to the county or department 
 clerk signed by ninety of the one hundred or less number 
 of persons last serving as jurors in that department prior 
 to the trial of the defendant's own case. Those of the one 
 hundred who are shown, by the records of any county in 
 the United States, to have died shall be counted with those 
 who have signed said petition. 
 
 Sec. 62. In case of sentence agreed to by all the jurors, 
 and not endorsed by the adviser, the defendant may have 
 a new trial upon petition to the county or department 
 clerk signed by seventy-five of the one hundred or less 
 
The Anarchist Constitution. 41 
 
 number of persons last serving as jurors in that depart- 
 ment prior to the trial of the defendant's own case. 
 Those of the one hundred or less who are shown^ by the 
 records of any county in the United States, to have died 
 shall be counted with those who have signed said petition. 
 
 Sec. 63. In case of sentence agreed to by ten or eleven 
 of the jurors only, and endorsed by the adviser, the defend- 
 ant may have a new trial by petition to the county or de- 
 partment clerk signed by seventy-five of the one hundred 
 or less number of persons last serving as jurors in that de- 
 partment prior to the trial of the defendant's own case. 
 Those of the said one hundred who are shown, by the 
 records of any county in the United States, to have died 
 shall be counted with those who have signed said petition. 
 
 Sec. 64. In case of sentence agreed to by ten or eleven 
 of the jurors, and not endorsed by the adviser, the de- 
 fendant may have a new trial by petition to the county 
 or department clerk signed by sixty of the one hundred 
 or less number of persons last serving as jurors in that 
 department prior to the trial of the defendant's own case. 
 Those of the said one hundred or less who are shown, by 
 the records of any county in the United States, to have 
 died shall be counted with those who have signed said 
 petition. 
 
 Sec. 65. In the case of sentence agreed to by eight or 
 nine of the jurors only, and endorsed by the advisor, the 
 defendant may have a new trial by petition to the county 
 or department clerk signed by sixty of the one hundred 
 or less number of persons last serving as jurors in that de- 
 partment prior to the trial of the defendant's own case. 
 Those of the said one hundred or less who are shown, by 
 the records of any county in the United States, to have 
 died shall be counted with those who have signed said 
 petition. 
 
 Sec. 6Q. In the case of sentence agreed to by eight or 
 nine of the jurors only, and not endorsed by the adviser, 
 the defendant may have a new trial upon petition to the 
 
42 The Anarchist Constitution. 
 
 county or department clerk signed by fifty of the one 
 hundred or less number of persons last serving as jurors 
 in that department prior to the trial of the defendant's 
 own case. Those of the said one hundred or less who 
 are shown, by the records of any county in the United 
 States, to have died shall be counted with those who have 
 signed said petition. 
 
 Sec. 67. In case of sentence agreed to by seven of the 
 jurors only, and endorsed by the adviser, the defendant 
 may have a new trial by petition to the county or depart- 
 ment clerk signed by fifty of the one hundred or less 
 number of persons last serving as jurors in that depart- 
 ment prior to the trial of the defendant's own case. 
 Those of the said one hundred or less who are shown, by 
 the records of any county in the United States, to have 
 died shall be counted with those who have signed said 
 petition. 
 
 Sec. 68. In the case of sentence agreed to by seven of 
 the jurors only, and not endorsed by the adviser, the de- 
 fendant may have a new trial by petition to the county 
 or department clerk signed by twenty-five of the one hun- 
 dred or less number of persons last serving as jurors in 
 that department prior to the trial of the defendant's own 
 case. Those of the said one hundred or less who are 
 shown, Ijy the records of any county in the United States, 
 to have died shall be counted with those who have signed 
 said petition. 
 
 Sec. 69. In the case mentioned in Sec. 68, the defend- 
 ant may also have a new trial upon petition to the county 
 or department clerk signed by the adviser and five of the 
 jurors who tried his case. 
 
 Sec. 70. The state legislature may provide under what 
 conditions a new trial may be granted to the plaintiff, but 
 otherwise: 
 
 Sec. 71. No plaintiff shall be granted a new trial when 
 the verdict of tlie jury is unanimous and endorsed by the 
 adviser. 
 
The Anarchist Constitution. 43 
 
 Sec. 72. No defendant shall be fined or imprisoned for 
 non-payment of a debt in consequence of credit having 
 been extended to him, nor shall any defendant be fined 
 or imprisoned as a result of any trial subsequent to the 
 first one, granted at the solicitation of the plaintiff, not- 
 withstanding Section 70. But this shall not be construed 
 as prohibiting punishment for acquisitions by false pre- 
 tense, upon the first trial, nor as prohibiting the award of 
 damages upon a trial subsequent to the first granted upon 
 solicitation of the plaintiff. 
 
 Sec. 73. Punishment by death shall never be inflicted 
 in any case. 
 
 Sec. 74. Punishment by the whipping post, as well as 
 everything akin to it in nature, and all punishment of 
 whatsoever nature or kind by means of physical or corporal 
 pain, or maiming, shall be unconstitutional and, there- 
 fore, prohibited. 
 
 Sec. 75. A plaintiff shall be entitled to a new trial 
 upon a unanimous verdict against him by the jury, and 
 not endorsed by the adviser, provided one-half the advisers 
 of the state and any one of the jury endorse a petition 
 therefor to the county or department clerk. 
 
 Sec. 76. A plaintiff shall have a new trial upon a ver- 
 dict against him agreed to by more than six and less than 
 twelve of the jurors, and endorsed by the adviser, provided 
 one-third of the advisers of the state and any juror on 
 the case endorse a petition to the county or department 
 clerk therefor. 
 
 Sec. 77. A plaintiff shall have a new trial upon a ver- 
 dict against him agreed to by more than six and less than 
 twelve of the jurors, and not endorsed by the adviser, pro- 
 vided the adviser and two other advisers of the state and 
 one juror on the case endorse a petition to the county 
 or department clerk therefor. 
 
 Sec. 78. A jury can, by a verdict agreed to by three- 
 fourths of the jurors, and endorsed by the adviser, or, by 
 a unanimous verdict, not endorsed by the adviser, properly 
 
44 The Anarchist Constitution. 
 
 punish a plaintiff in the case on trial before such jury 
 for unwarranted prosecution, but this section shall not be 
 construed as placing upon a jury any duty to punish a 
 plaintiff for mere failure to show a just and good cause 
 of prosecution, especially in matters of a very serious 
 nature, but only to authorize such punishment, within a 
 reasonable degree where the prosecution is clearly and 
 manifestly, without any reasonable doubt, an intentional 
 injustice and persecution. 
 
 Sec. 79. No oath of any kind shall ever be required 
 of any person in the United States. 
 
 Sec. 80. Perjury shall be of two classes — material and 
 immaterial. To which class any perjury belongs is a ques- 
 tion of fact for the determination of the jury. 
 
 Sec. 81. Any official statement, verbal or written, to 
 any court, if untrue, is perjury. Any testimony of a 
 witness in court is official statement. 
 
 Sec. 82. Any willful concealment of material or im- 
 portant facts or circumstances, which it would be proper 
 for the jury to know, on the part of a witness is perjury. 
 
 Sec. 83. Any official statement in the nature of an 
 affidavit in writing, certified to by an officer authorized by 
 Congress or by the legislature to certify such statements, 
 if such statement be false or untrue, shall be perjury on 
 the part of the person making same. 
 
 Sec. 84. Any official statement in writing from one 
 government official to another or from any person to any 
 legislative, governmental or judicial body or to any gov- 
 ernment official, if false and untrue, with the knowledge 
 that it was addressed to such parties, is perjury. 
 
 Sec. 85. The age of consent in females shall, in no 
 case, be less than fourteen years. Between the ages of 
 fourteen and seventeen it shall rest with the jury to deter- 
 mine whether or not consent could be given, due consid- 
 eration being given, where proper, to the age of the other 
 party, as well as to other circumstances. 
 
The Anarchist Constitution-. 45 
 
 At the age of seventeen a girl has reached the age of 
 consent. 
 
 Sec. 86. No particular or precise form of marriage 
 ceremony shall be required, but any form mutually agreed 
 upon by both parties thereto shall suffice. 
 
 Sec. 87. No person shall be a party to any incestuous 
 marriage or co-habitation. 
 
 Sec. 88. No person shall marry, or co-habit with, any 
 girl who has not reached the age of consent. 
 
 Sec. 89. All children are hereby made legitimate. 
 
 Sec. 90. Any marriage, by whatever form, may be re- 
 corded by both parties thereto, or either of them with the 
 written consent of the other, with the county or depart- 
 ment clerk and certified to by as many witnesses as may 
 be desired, not exceeding four, on the marriage records of 
 the county or department clerk. Any, or all, children of 
 either, or both, the parties thereto may be recorded like- 
 wise and where one or more children are recorded, the 
 record being subscribed to by both parents, neither parent 
 can thereafter dispute the parentage and, when only sub- 
 scribed to by one parent, such parent can not thereafter 
 dispute the parentage. 
 
 Sec. 91. Marriage is hereby declared to be for the pur- 
 pose of giving paternity to children and not for the pur- 
 pose of compelling people to live together against their 
 will. , 
 
 Sec. 93. The validity of a marriage valid at the time 
 of the adoption of this constitution shall not be brought 
 into question. 
 
 Sec. 93. Immediately upon marriage the surname of 
 the woman shall change to that of the man whom she mar- 
 ries but upon the termination of the marriage, by death 
 of the husband or otherwise, she may again assume her pre- 
 vious, or maiden, surname provided she first record with 
 the county or department clerk within whose territorial 
 jurisdiction she lives the fact that she does so assume. 
 
 Sec. 94. A physician must be called in to attend every 
 
46 The Anarchist Constitution. 
 
 birth and the attending physician mnst record with the 
 county or department clerk every birth he attends, within 
 one week after the birth, giving the name of the father 
 (if known), mother and child. The child^s name must be 
 told to the physician by the father, mother, or both. The 
 physician must also record the day of the child's birth 
 and the location where born. The father must, wdthin 
 thirty days after said birth, subscribe to the registration 
 recorded by the physician, first having identified himself 
 if unknown ; j^rovided that if the record in the matter be 
 incorrect or incomplete the physician must correct or com- 
 plete same, after which the father must subscribe thereto 
 within thirty days. If the father does not subscribe to 
 the record the mother must do so within sixty days, or 
 as soon as she is able in the opinion of the physician. 
 Where a birth does not occur in a city or town within 
 which there is a department or county clerk these matters 
 may be recorded and subscribed to by means of affidavits 
 mailed to the county or department clerk, but in all cases 
 the records must show all the material facts in such a 
 way as to be readily referred to. If the physician does 
 not record, it shall be the duty of any to whom such knowl- 
 edge come to file a complaint against him therefor. And 
 if the parent whose duty it is does not subscribe thereto 
 the county or department clerk must, when the time limit 
 expires, file a complaint against the offending person for 
 such neglect. ^ 
 
 Sec. 95. In event of the inability, or neglect, of the 
 attending physician to record, it shall be the duty of any 
 person having knowledge thereof to see that the matter 
 is recorded by himself or some one else and in event of 
 inability, or neglect, of a parent to subscribe thereto it 
 shall be the duty of any person having knowledge thereof 
 to see that the record is subscribed to by himself or some 
 one else. 
 
 Sec. 96. Every death shall be recorded by the attend- 
 ing physician within one week with the county or depart- 
 
The Anarchist Constitution. 47 
 
 merit clerk showing, as far as possible, the name, day of 
 birth, location of birth, name at birth, and time, location 
 and cause of death. If no physician was in attendance at 
 the time of death a physician must be called upon to view 
 the corpse as early as possible, if for no other purpose than 
 to attend to the record of death. In the case of inability, 
 or neglect, of the attending physician to so record a death 
 it shall be the duty of any person having knowledge there- 
 of to see that the same is duly recorded by himself or some 
 one else. 
 
 Sec. 97. It shall be the duty of the county or depart- 
 ment clerk with whom a death is recorded, when it appears 
 that the birth of the deceased was recorded in another 
 county, to notify the county clerk of the county in which 
 such birth was recorded and the clerk of the county in 
 which such birth was recorded shall add the death record 
 to the birth record of the deceased. And when the death 
 is recorded in the same county in which the birth of the 
 deceased was recorded the death record shall be added to 
 the birth record by the county or department clerk. 
 
 Sec. 98. Upon the death of any person leaving a sur- 
 viving wife or husband with whom the deceased was living 
 at the time of death, or with whom the deceased was in- 
 tending to live again, all the property not derived from a 
 former husband or wife of such deceased person shall im- 
 mediately become the property of the surviving wife or 
 husband; out of which, if ample therefor, the minor chil- 
 dren of the deceased shall be provided for. And in any 
 action against the survivor for the debts of the deceased 
 it shall rest with the jury to determine whether such in- 
 debtedness of the deceased should justly be assumed by 
 the survivor. 
 
 Sec. 99. Upon the death of any person not leaving 
 any surviving wife or husband, as in the preceding section, 
 the County Clerk shall see that the entire estate goes to 
 the county treasury, and into only one fund thereof, which 
 fund shall be known as the Orphans' Trust Fund. And 
 
48 The Anarchist Constitution. 
 
 the records must show how much has been derived from 
 such estate for said fund. If the deceased left any minor 
 children surviving, the amount of his estate shall first be 
 applied to allowing each one of them, as long as it shall 
 be adequate therefor, one-half of the average earnings of 
 jurors of the state, monthly; provided that said monthly 
 allowance to each such orphan shall cease when the orphan 
 reaches the age of twenty-one years; or upon death, if 
 death occurs before that time. 
 
 Sec. 100. After such monthly payments have ceased, 
 or been provided for, the residue of the estate; or, in case 
 there be no such surviving children of the deceased, 
 then the whole of the estate shall be paid into 
 the General Orphans' Fund, which fund shall be dis- 
 tributed equally in monthly payments to all orphans re- 
 corded in the county whose residence has been within the 
 county any time during the preceding month, and whose 
 age is less than eighteen years, with the proviso that no 
 orphan shall receive such monthly payments from two or 
 more counties at the same time. And such monthly pay- 
 ments shall be as great as may be necessary to prevent any 
 surplus in the General Orphans' Fund greater than the 
 total income thereinto during the three months last past. 
 But no payment shall be made out of the General Or- 
 phans' Fund to any orphan receiving half Juror's pay from 
 the Orphans' Trust Fund, unless the one be relinquished 
 in favor of the other. 
 
 Upon the death of a person leaving an estate not pro- 
 vided for by this or the two preceding sections, the 
 entire estate shall go to the General Orphans' Fund. 
 
 Sec. 101. In all cases where fixed improvements ap- 
 purtenant to land are part, or the whole, of an estate 
 which, according to the provisions of this constitution, 
 should go into either the Orphans' Trust Fund or the 
 General Orphans' Fund, such property shall not be used 
 for the benefit of orphans, but shall become and remain 
 the general property of the community to which the corre- 
 
The Anarchist Constitution. 49 
 
 sponding land belongs and included in the lease of such 
 land^ the same as land; the other provisions of this consti- 
 tution to the contrary notwithstanding. 
 
 All such property shall be fully described and set forth 
 in the public records of the county, city or town in which 
 it is located, which records shall be open to inspection by 
 the public. 
 
 Sec. 102. Every city and every town shall employ one 
 or more physicians, and as many as may be necessary to 
 carry out the provisions of this section. Wlienever any 
 person therein is in need of medical service to such extent 
 as to be confined to the house and sends to the town or 
 city authorities for a physician or surgeon, such physician 
 or surgeon shall be sent to attend to the case, and continue 
 to attend to the case until such attention is no longer re- 
 quired, and as far as may be, the preferences of people 
 calling for such medical attention shall be duly consid- 
 ered. Such attention shall be free. 
 
 Sec. 103. Every city and every town shall maintain 
 at least one medical office, which shall be kept always 
 open, and in each such office, or at least in one such office 
 in every city and town, there shall always be at least one 
 physician present, and any person applying there for medi- 
 cal service shall be given it. All such service shall be 
 free. 
 
 Sec. 104. Every city and every tow^n shall supply all 
 drugs and medicines prescribed for by physicians without 
 charge. 
 
 Sec. 105. Every city of more than ten thousand in- 
 habitants shall maintain at least one hospital, where the 
 attention to all inmates shall be the best that is possible, 
 which shall be open to all who apply for admission thereto, 
 and in which all medical and surgical attention, board, 
 lodgings, drugs and medicines (which are prescribed by 
 attending physicians therein) shall be free. 
 
 Sec. 106. Every State Legislature shall prescribe the 
 qualifications necessary to constitute a physician, surgeon 
 
50 The Anarchist Constitution. 
 
 or dentist within the state^ and for this purpose^ may call 
 for^ and require, of any person or persons within the state 
 such information or advice as it desires. 
 
 Sec. 107. No person who is not a physician, surgeon 
 or dentist shall j^ractice such profession for pay. 
 
 Sec. 108. No restrictions shall ever he placed upon any 
 religious helief, or the teaching thereof, provided that no 
 person shall teach any religion, or religious belief, for pay. 
 or other gain in lieu thereof, and provided that this sec- 
 tion shall not authorize the teachings to minors by others 
 than parents of such beliefs that the teaching thereof is 
 clearly a material infringement upon the rights of man. 
 
 Sec. 109. Each state shall pay to each child within the 
 state under the age of five 3^ears, monthly, one-tenth jury 
 pay, and to each child between the ages of five and fifteen 
 years, two-tenths jury pay. These payments shall be 
 made to the mothers when they have the custody of such 
 children. \A^ien the mothers have not the custody of such 
 children, the payments shall be made to the fathers when 
 they have the custody of such children. When the children 
 are in the custody of both parents, these payments shall 
 be made to the mothers. And, when such children are not 
 in the custody of both parents or of either parent, such 
 payments shall be made to the guardians of such children. 
 
 The legislature of each state shall provide for the ap- 
 pointments of guardians of children not in the custody 
 of either or both parents, and of children both of whose 
 parents, or whose only parent, may be insane or confined 
 by decree of court. In all of which cases the guardian- 
 ship shall cease when the reason therefor ceases. The 
 legislature shall also provide for the qualifications, duties 
 and responsibilities of guardians. 
 
 The payments provided in tliis section shall not inter- 
 fere with the payments from the Orplians' Trust Fund or 
 the General Orphans' Fund. 
 
 Sec. 110. Each state shall pay to each feiualo person 
 
The Anarchist Constitution. 51 
 
 past the age of fifteen years residing in the state three- 
 tenths jury pay, monthly. 
 
 Sec. 111. Each state shall pay to each male person re- 
 siding in the state who, through old age or physical inabil- 
 ity of any kind, is incapable of earning a comfortable liv- 
 ing, so declared by the governing body of his home town 
 or city, or such other board of inquiry as the legislature 
 may provide, three-tenths jury pay. 
 
 Sec. 112. No money shall be paid out in pursuance of 
 Sec. 109, 110 or 111 except to persons properly recorded 
 with the county clerk as entitled to such pay. 
 
 Sec. 113. The United States shall carry on a trust and 
 bonding business in which to bond public officials through- 
 out the United States (town, city, county, state and na- 
 tional) at such rates as may be found necessary, and any 
 official elected by the people or appointed by any of those 
 elected by the people shall be bonded therein at the pre- 
 vailing rates without further recommendation. 
 
 Sec. 114. Corporations shall be illegal throughout the 
 United States. 
 
 Sec. 115. No franchise shall be granted by the United 
 States or any state, county, city or town. Nor shall any 
 franchise granted be valid after the adoption of this con- 
 stitution. 
 
 Sec. 116. No person shall be a party to any contract 
 or agreement of any kind whereby any money, or other 
 form of benefit, is stipulated, agreed upon, or understood 
 to be forthcoming, upon the death, sickness, accident, dis- 
 ability, old age, or any other form of physical misfortune 
 of the person. 
 
 Sec. 117. All usual and necessary funeral expenses of 
 persons dying in, or buried from, any town or city shall 
 be borne by such town or city. And such expenses of all 
 other burials shall be borne by the state. 
 
 Sec. 118. It is hereby declared by the people of the 
 United States that no person can have a just title to owner- 
 ship of land, or of any of the natural elements, nor to 
 
52 The Anarchist Constitution. 
 
 human beings as slaves; and that the title of the commu- 
 nity as a whole to the land on which we live is inalienable. 
 
 The land within the territorial limits of each town or 
 city belongs to such town or city. 
 
 All other land within any state belongs to such state. 
 
 All other land within the territory of the United States 
 belongs to the United States. 
 
 In no case can any of it be aliened or conveyed, but this 
 shall not be construed as to prevent a town or city from ex- 
 tending its territorial limits. 
 
 Every town, city, state, and the United States, may lease 
 its land, for a period not to exceed two years, in any case, 
 and may give the last tenant, or his heirs or assigns, a 
 10 per cent preferential, or less, over all others. 
 
 Sec. 119. No tax shall ever be levied by any town, city, 
 county, state or the United States, on any wealth or prop- 
 erty. 
 
 Duties on imports or exports are, therefore, prohibited. 
 
 Sec. 120. No tax of any kind shall ever be levied on 
 any business that the people may engage in, nor such busi- 
 ness prohibited. But this shall not prohibit filing a com- 
 plaint against a person for engaging in a business or traf- 
 fic which is clearly an infringement of the rights of jnan. 
 
 Sec. 121. In case any town, city, state, or the United 
 States, should not otherAvise have sufficient revenue with 
 which to meet the expenses involved in the execution of 
 the provisions of this constitution, a tax sufficient there- 
 for may be levied upon its leases of land, which must be 
 a uniform jDerccntage added to all payments on all leases 
 alike; provided that the United States shall not levy such 
 a tax which shall be of a greater percentage than is levied 
 in like manner by some one of the states. And if the 
 United States should then not have a sufficient revenue, it 
 may levy a tax on each state in proportion to its popula- 
 tion; but not otherwise. 
 
 Sec 122. The Congress shall be a perpetual body, and 
 always in session, excejjt Sundays and holidays. Either 
 
The Anarchist Constitution". 53 
 
 house may, however, adjourn for a period not to exceed 
 three days at any one time, provided that the other house 
 shall not be adjourned at the same time. 
 
 Sec. 123. A quorum in any legislative body shall consist 
 of a majority of the members thereof, but a less number 
 may adjourn from day to day. 
 
 Sec. 124. Either house of Congress may grant a vaca- 
 tion for a specified time to any member thereof, and both 
 houses together may grant a vacation to the President when 
 the welfare of the country will permit, or necessity may 
 require. 
 
 But neither house shall grant vacations so as not to be 
 able to have a quorum for the transaction of business. 
 
 Sec. 125. The Vice-President shall be President of the 
 Senate, and the Senate shall elect its other officers, and 
 when the Vice-President becomes President, its President 
 also. The President of the Senate shall be the Vice-Presi- 
 dent of the United States. 
 
 Sec. 126. The House of Representatives shall elect all 
 its own officers. 
 
 Sec. 127. Either house of Congress may compel the at- 
 tendance of its own members and require them to vote. 
 
 Sec. 128. Whenever a vacancy occurs in the Senate it 
 shall be filled by a representative to be chosen by election 
 in the House of Representatives, and the number of repre- 
 sentatives shall be diminished to that extent, but this shall 
 not prolong or diminish the term of office of said represen- 
 tative. Nor shall any state have more than three represen- 
 tatives in the Senate at one time, nor more than two when 
 there is any state without one representative in the Senate. 
 
 Sec. 129. Congress shall cause to be taken a complete 
 and thorough census of the entire country in the year 
 1910, and every ten years thereafter. 
 
 Sec. 130. Congress shall have power at any time with- 
 in two years after the taking of any census to determine 
 how many representatives each state shall be entitled to, 
 in proportion to its population, provided that the number 
 
54 The Anarchist Constitution. 
 
 of Congressmen shall never be greater than at the time 
 of the adoption of this constitution nor less than two-thirds 
 of such number and any diminution in the size of Congress 
 shall be wholly in the Senate until^ and not after, the Sen- 
 ate is composed of as many senators as there are states. 
 
 Sec. 131. Each state legislature shall thereupon divide 
 its state into congressional districts, in accordance there- 
 with, but no county shall be partly in one district and 
 partly in another with parts, or the whole, of two or more 
 counties in the same district, and each county in a district 
 shall be adjoining some other county in the same district 
 where there are two or more counties in the same district. 
 
 Sec. 132. Each state may adopt a constitution of its 
 own not in conflict with any of the provisions of this consti- 
 tution. 
 
 Sec. 133. In every legislative or governing body con- 
 sisting of two branches each branch shall concur with the 
 other by a majority vote to constitute action of the body. 
 In such bodies not consisting of two branches a majority 
 vote shall constitute action of the body. 
 - Each such body may adopt its own parliamentary rules 
 provided that such rules of each legislature are in harmony 
 with those of Congress, and that such rules of such bodies 
 within a state are in harmony with such rules of the legis- 
 lature of the same state. 
 
 In case of appointments by such bodies they shall not re- 
 quire the approval of any person not a member of such 
 body to be effective. 
 
 Sec. 134. Congress may legislate in harmony with this 
 constitution only. 
 
 Sec. 135. A bill may be introduced in either house of 
 Congress by a member thereof. If it receives the affirma- 
 tive vote of a majority of those present and voting, with a 
 quorum voting, it shall go to the other house of Congress 
 and be considered with all due promptness. If it there re- 
 ceive the affirmative vote of a majority of those present 
 and voting, with a quorum voting, it shall go to the Presi- 
 
The Anarchist Constitution. ,55 
 
 dent for his approval or disapproval, which the President 
 must endorse on the bill within ten days. If the President 
 approve the bill it shall then be law. If he disapproves it. 
 he shall return it to the house in which it originated with 
 his recommendations. If the bill be there voted on again, 
 without change therein, and receive the affirmative votes 
 of two-thirds of the members present and voting, with a 
 quorum voting, it shall go to the other house of Congress 
 and be considered with all due promptness. If it there 
 receive the affirmative votes of two-thirds of the members 
 present and voting, with a quorum voting, it shall be law. 
 If a bill be amended after receiving the disapproval of 
 the President it shall be treated as a new bill. 
 
 If a bill be amended after going from one house to the 
 other, it shall receive the concurrence of both houses in the 
 amendments before going to the President. 
 
 Sec. 136. Any legislation not in harmony with this 
 constitution, by whatsoever authority, anywhere within the 
 United States, shall be absolutely void, any provisions here- 
 in to the contrary notwithstanding. 
 
 Sec. 137. When a vacancy in any office is filled it shall 
 be for the remainder of the unexpired term only. 
 
 Sec. 138. The qualifications of voters throughout the 
 United States shall remain for two years as at the time of 
 the adoption of this constitution ^•nth the proviso that all 
 voters registering after the adoption of this constitution 
 shall be required to certify that they have read and fully 
 understand this constitution in order to be eligible as 
 voters. 
 
 The legislature of each state may provide for the qualifi- 
 cations to be required of voters therein, not to take effect 
 until two years after the adoption of this constitution; but 
 the same must be uniform for all elections. 
 
 Sec. 139. National elections shall be held the first 
 Tuesday of November, every fourth year, beginning the 
 year before that in which the current term of office of the 
 President expires. 
 
56 The Anarchist Constitution. 
 
 Sec. 140. The President's term of office shall be four 
 years, beginning and ending at noon on the fourth day 
 of March. 
 
 Sec. 141. The term of office of a representative shall 
 be six years, beginning and ending at noon on the fourth 
 day of March; provided, that within six months after the 
 adoption of this constitution all the representatives shall 
 be divided by lot into three classes. The term of office of 
 the first class shall be two years, the term of office of the 
 second class shall be four years, and the term of office of the 
 third class shall be six years. 
 
 Sec. 142. State elections shall be held every two years 
 on the first Tuesday of November, every alternate state 
 election being in the same year as a national election, for 
 Governor and legislators. 
 
 Sec. 143. The term of office of Governor shall be two 
 years, but the term of office of a legislator shall be six 
 years; provided, that within three months after the adop- 
 tion of this constitution the most numerous branch of each 
 state legislature shall divide its members by lot into three 
 classes; the term of office of the first class shall be two 
 years, the term of office of the second class shall be four 
 years, and the term of office of the third class shall be six 
 years. And this section shall be carried into effect not- 
 withstanding it may interfere with some legislators serving 
 out the term for which they were elected. 
 
 Sec. 144. Whenever a vacancy occurs in the least nu- 
 merous branch of the state legislature it shall be filled by 
 a legislator of the most num.erous branch of the legislature, 
 to be chosen by election in the most numerous branch of 
 the legislature, and the number of legislators of the most 
 numerous branch shall be diminished to that extent, but 
 this shall not increase or diminish the term of office of 
 said legislator. But a vacancy in the least numerous 
 brancli shall never be filled if, by so doing, the number of 
 memljcrs in the least numerous branch Avould be more tlum 
 half the number of members in the most numerous branch. 
 
The Anakchist Constitution". 57 
 
 Sec. 145. Eepresentatives in Congress shall be elected 
 at state elections. 
 
 In event of vacancy in the office of a representative in 
 Congress it shall be filled by appointment by the legislature 
 until noon of the fourth day of March next after the next 
 state election. But at the next state election after such 
 vacancy occurring, if it occurs before the ballots for the 
 next state election are printed (which ballots must not 
 be printed more than a reasonable time before such state 
 election), a representative shall be elected to fill the office 
 for the remainder of the unexpired term; beginning on 
 the fourth day of March following as aforesaid. 
 
 Sec. 146. The legislature of each state shall be a per- 
 petual body, and always in session with the exception of 
 Sundays and holidays. 
 
 Sec. 147. Each branch of the legislature may grant 
 vacations to its own members provided there shall always 
 be a quorum in attendance for the transaction of busi- 
 ness. 
 
 Sec. 148. In any election for any office the person re- 
 ceiving the highest number of votes for such office shall be 
 elected. And in case two or more receive an equal number 
 of votes it shall be determined by lot which one shall serve. 
 
 Sec. 149. Each town and city shall have a mayor whose 
 term of office shall be two years. And this rule shall apply 
 even though it interfere with some serving out the term 
 for which they were elected. 
 
 Sec. 150. Each town and city shall hold a city election 
 every two years on the first Tuesday of November, which 
 shall not be the years in which state elections are held. 
 
 Sec. 151. Each town and city may adopt a constitution 
 of its own not in conflict with any of the provisions of this 
 constitution, or of the constitution of the state in which 
 it is. 
 
 Sec. 152. Each town and city may provide in its con- 
 stitution for the election of all such officers as serve only 
 
58 The Anarchist Constitution. 
 
 in such town or city who would otherwise be selected in a 
 different manner. 
 
 Sec. 153. The President shall be entitled to a cabinet, 
 the same as he was entitled to at the time of the adoption 
 of this constitution. 
 
 Sec. 154. Each Governor shall be entitled to the ser- 
 vices of an Attorney-General the same as he was at the 
 time of the adoption of this constitution, as adviser. But 
 the legislature may determine the compensation to be 
 paid him. 
 
 Sec. 155. Each legislative or governing body, and each 
 branch thereof when such body is composed of more than 
 one branch, shall keep a journal of its proceedings, and 
 from time to time publish the same, or such part thereof, 
 as is ordered published by a one-third vote. And the yeas 
 and nays of the members of such body, or such branch 
 therof, on any question shall, at the desire of one-fifth of 
 those present, being more than fifteen present, or at the 
 desire of one-third, being fifteen or less present, be entered 
 on the journal. 
 
 Sec. 156. No member of any legislative body shall, for 
 any speech or debate therein, be questioned in any other 
 place. 
 
 Sec. 157. No person shall hold any two or more offices 
 at the same time, except as otherwise herein provided. 
 
 Sec. 158. Congress shall have power to legislate in re- 
 gard to the naturalization of aliens, which legislation shall 
 be uniform in its effect throughout the United States. 
 
 Sec. 159. Congress shall have power to coin money, and 
 regulate the value thereof, exclusively, and fix the standard 
 of weights and measures. 
 
 Skc. 160. Congress shall have poAver to provide for and 
 maintain an efficient secret service. 
 
 Sec. 161. Congress sliall have power to dochirc war and 
 regulate the conduct thereof. But one-tliird of tlie House 
 of Bopresontatives may order an immediate election by the 
 people to determine whether or not such war is justifiable. 
 
The Anarchist Constitution. 59 
 
 And a majority of the votes cast at such election shall bo 
 sufficient, but not necessar}^, to prohibit or stop such war. 
 
 Sec. 162. Congress shall have power to exercise exclu- 
 sive legislation, not in conflict with this constitution, in all 
 cases whatsoever, over the District of Columbia, which shall 
 be the seat of the federal government, and to exercise like 
 authority over all places acquired by the consent of the leg- 
 islature of the state in which the same shall be, for the 
 erection of forts, magazines, arsenals, dock-yards, and other 
 needful buildings ; and 
 
 To make all laws which shall be necessary and proper for 
 carrying into execution the foregoing powers, and all other 
 powers vested by this constitution in the government of the 
 United States, or in any deparunent or officer thereof. 
 
 Sec. 163. No preference shall be given by any regula- 
 tion of commerce to the ports of one state over those of an- 
 other; nor shall vessels bound to, or from, one- state be 
 obliged to enter or clear in another. 
 
 Sec. 161. Xo money shall be drawn from any public 
 treasury, but in consequence of appropriations made in a 
 proper and public manner; and regular statements of ac- 
 counts of receipts and disbursements of every public treas- 
 ury shall be published from time to time. 
 
 Sec. 165. Xo person shall without the consent of Con- 
 gress, or the legislature of his home state, accept of any 
 present , emolument, office, title, or anything in lieu there- 
 of, from any king, prince, or foreign state, or from any 
 town, city, county, state, or the United States, except as 
 herein provided for. 
 
 Sec. 166. x^o state, county, city or town shall enter into 
 any treaty, alliance or confederation, or adopt any constitu- 
 tion or laws in conflict with any national legislation which 
 is not in conflict with any of the provisions of this con- 
 stitution. 
 
 Sec. 167. The President shall be Commander-in-Chief 
 of the army and navy of the United States, and of the 
 
60 The An-archist Constitution. 
 
 militia of the several states when called into actual ser- 
 vice of the United States. 
 
 Sec. 168. The Governor of each state shall be Com- 
 mander-in-Chief of the militia of his state when not called 
 into the actual service of the United States. 
 
 Sec. 169. The President may dismiss any of his cabi- 
 net, except the Postmaster- General, who shall be under the 
 direction and supervision of Congress, at will and appoint 
 a successor. But such cabinet officers, other than the Post- 
 master-General, shall only be advisers to the President. 
 
 Sec. 170. The President shall have power, by and with 
 the advice and consent of the Senate, to make treaties, pro- 
 vided two-thirds of the Senate present concur ; and he shall 
 nominate, and by and wit^^ "^he advice and consent of the 
 Senate shall appoint, ambassadors, other public ministers 
 and consuls and all other officers not otherwise provided 
 for ; but the Congress may by law vest the appointment of 
 such inferior officers as it has provided offices for in the 
 President alone, where the pay of such officers is not more 
 than double jury pay. 
 
 Sec. 171. The President shall from time to time, at 
 least once a year, give to Congress, in a public message, in- 
 formation of the state of the country, and recommend for 
 consideration such measures as he shall judge necessary and 
 expedient. 
 
 Sec. 172. Each state shall establish a supreme court 
 in which there shall, during the first two years after the 
 adoption of this constitution, be at least three persons who 
 have served at least one year as judge prior to the adoption 
 of this constitution, and in which there shall, after the ex- 
 piration of such two years, be at least three persons or as 
 many as possible who have served at least one year as ad- 
 viser without a vote of censure from any jury. 
 
 Such supreme court shall not consist of more than thir- 
 teen persons, and only persons with the qualifications be- 
 fore mentioned shall be eligible thereto. 
 
 Such supreme court shall determine the constitutional- 
 
The Anarchist Constitution". 61 
 
 ity, as soon as possible^ of all decisions which may be ap- 
 pealed to it within the state, and such supreme court shall 
 be always in session except on Sundays and holidays. 
 
 Sec. 173. Congress shall establish a United States Su- 
 preme Court in which there shall, during the first two years 
 after the adoption of this constitution, be at least three per- 
 sons who have served at least five years as a federal court 
 judge or justice of the United States Supreme Court, and 
 in which there shall, after the expiration of said two years^ 
 be at least three persons, no two of whom shall be from the 
 same state, who have served at least one year as adviser 
 without a vote of censure from any jury. 
 
 Such United States supreme court shall not consist of 
 more than thirteen persons and only persons with the qual- 
 ifications before mentioned shall be eligible thereto. 
 
 Such United States Supreme Court shall be always in 
 session, except Sundays and holidays, and, in addition to 
 other duties prescribed by Congress, it shall be the duty of 
 said court to determine as soon as possible the constitu- 
 tionality of decisions of state supreme courts which may be 
 appealed to it. 
 
 Sec. 174. Full faith and credit shall be given in each 
 state to the public acts, records and judicial proceedings of 
 every other state. And the Congress may by law prescribe 
 the manner in which such acts, records and proceedings 
 shall be proved. 
 
 Sec. 175. The citizens of each state shall be entitled to 
 all privileges and immunities of citizens in the several 
 states. 
 
 Sec. 176. New states may be admitted by the Congress 
 into this union; but no new states shall be formed or 
 erected within the jurisdiction of any other state, nor any 
 state be formed by the junction of two or more states 
 without the consent of all states concerned. 
 
 No new territory shall be acquired by the United States 
 without the consent of the people of such territory, and no 
 
62 The Anarchist Constitution". 
 
 argument or consideration whatever shall suffice to justify 
 any evasion of this provision of the constitution. 
 
 Sec. 177. The United States shall guarantee to every 
 state in this union the protection of this constitution, and 
 shall protect each of them against invasion, and in case 
 such protection he absolutely needed, against domestic vio- 
 lence. 
 
 Sec. 178. All debts and obligations contracted before 
 the adoption of this constitution shall be as valid as if they 
 had been contracted after its adoption. But Congress may 
 enact a bankruptcy law whereby to absolve insolvent debt- 
 ors upon applying all of their resources thereto. 
 
 Sec. 179. Any town, city, county, state, or the United 
 States, may buy the stock, or any part thereof, not less than 
 half, of any corporation in the United States, existing at 
 the time of the adoption of this constitution, and thereafter 
 shall own whatever belonged to such corporation at the 
 time of the adoption of this constitution. No corporation 
 can own anything after the adoption of this constitution. 
 But any town, city, county, state, or the United States, buy- 
 ing one-half or more of the stock of any corporation must 
 hold itself in readiness to buy the remainder of the stock 
 of such corporation at the average price paid for such as 
 has already been bought. Common stock and preferred 
 stock in such cases shall be treated alike. And in buying 
 such stock, an effort shall be made to allow only so much to 
 be paid for all the stock in the aggregate as shall not ex- 
 ceed the amount of actual cash investment represented by 
 such stock. But in buying corporation stock, bonds may 
 be given in payment. 'No other bonds issued after the 
 adoption of this constitution shall ever be legal in the 
 United States. 
 
 Sec. 180. No soldier shall, in time of peace, be quar- 
 tered in any house without the consent of the holder there- 
 of, nor in time of war, but in a manner to be prescribed 
 by law. 
 
 Sec. 181. The right of the people to be secure in their 
 
The Anarchist Constitution. 63 
 
 persons, houses, papers and effects against "unreasonable 
 searches and seizures shall not be violated. 
 
 Sec. 182. Private property shall not be taken for pub- 
 lic use without just compensation. And thus only in cases 
 of great urgency. 
 
 Sec. 183. Both plaintiffs and defendants shall have 
 compulsory process for obtaining witnesses subject to the 
 regulations and restrictions of the legislature as to those 
 within the state and of the Congress as to those out of the 
 state. 
 
 Sec. 184. Each town and city may, notwithstanding 
 the other provisions of this constitution, provide for and 
 maintain petit courts, amenable only to the governing 
 body of such town or city, and from which appeals can 
 only be taken thereto, with jurisdiction only over such 
 civil controversies as do not exceed the amount of two 
 months' jury pay. 
 
 Sec. 185. Excessive bail shall not be required, nor ex- 
 cessive fines imposed, nor excessive punishment of any 
 kind inflicted. 
 
 Sec. 186. 'No legislation of any town, city, county, 
 state, or the United States, shall ever be valid until one 
 week after it has been published in full in one or more reg- 
 ularly published newspapers within its respective jurisdic- 
 tion. 
 
 Sec. 187. The enumeration in this constitution of cer- 
 tain rights shall not be construed to deny or disparage 
 others retained by the people. 
 
 Sec. 188. The powers not delegated to the United 
 States by the constitution, nor prohibited by it to the 
 states, are reserved to the states respectively or to the 
 people. 
 
 Sec. 189. Congress shall have the power to determine 
 conditions under which, and means by which, release from 
 all marital obligations may be had but not to prohibit 
 divorces under other conditions than those named. 
 
64 The Anarchist Constitution. 
 
 Divorce is hereby defined to be a termination of the civil 
 contract which constitutes marriage. 
 
 Sec. 190. Each state legislature shall have power to 
 determine conditions under which and means by which, 
 release can be had within such state from all marital obli- 
 gations but not to prohibit divorces under other conditions 
 than those named. 
 
 Sec. 191. Each city and town may determine condi- 
 tions under which, and means by which, release can be had 
 therein from all marital obligations but not to prohibit 
 divorces under conditions different from those named. 
 
 Sec. 192. All Sundays shall be observed as holidays 
 as far as possible throughout the United States. 
 
 Sec. 193. The first day of each year and the fourth 
 day of each July shall be holidays throughout the United 
 States. 
 
 Sec. 194. Congress may name such days as to it may 
 seem proper as holidays to be observed throughout the 
 United States. 
 
 Sec. 195. Each legislature may name holidays to be 
 observed as such throughout the state. 
 
 Sec. 196. The President shall have absolute power to 
 grant such pardons as to him may seem proper, except 
 in cases of impeachment. 
 
 Sec. 197. The governor of each state shall have abso- 
 lute power to grant such pardons within his state as to 
 him may seem proper, except in cases of impeachment. 
 
 Sec. 198. The House of Eepresentatives shall have 
 the sole power of impeachment of the President or any 
 member of Congress or any federal officer or official. But 
 the President or the Senate may recommend impeachment 
 by the House of Eepresentatives. 
 
 Sec. 199. The Senate shall have the sole power of try- 
 ing all impeachments by the House of Representatives and 
 two-thirds of all the senators present must agree upon the 
 verdict and sentence to sustain such impeachment. 
 
 Sec. 200. Where any legislative or governing body 
 
The Anarchist Constitution. 65 
 
 consists of two branches, the lower shall have the sole right 
 of impeachment and the upper the sole right of trying 
 such impeachment and where it consists of but one branch 
 it shall have the sole right of impeachment and the trial 
 thereof. The executive officer of any town, city or state 
 may recommend to his respective legislative or governing 
 body that it take action in impeachment and, where such 
 body consists of two branches, the upper branch may also 
 so recommend to the lower branch such action. In re- 
 gard to distinctively county officers not paid or elected 
 by a town or city, impeachment lies with the state. In 
 all cases of impeachment it shall require two-thirds of 
 the triers to sustain the impeachment. 
 
 Sec. 201. Judgments in cases of impeachments shall 
 not extend further than to removal from office and disa- 
 bility to hold office in the future. 
 
 Sec. 202. Any person may have any one he desires to 
 represent him in court as an attorney but no person shall 
 act as an attorney for pay, or other gain in lieu thereof, 
 except such as have qualified therefor in accordance with 
 the requirements provided for by the state legislature. 
 
 Sec. 203. Every defendant shall be entitled to the ser- 
 vices of such attorney as he may engage at the expense of 
 the town or city in which his case is tried but the jury be- 
 fore which his case is tried shall determine the compensa- 
 tion to be allowed such attorney, which shall not exceed in 
 any event four times jury pay for each day such attorney 
 appears in court on said case. 
 
 Sec. 204. No proprietary remedies shall ever be sold 
 in any town or city without having had the sanction of 
 the governing body of such town or city unless it has 
 been endorsed by the state or the United States, and then 
 only for such purposes so sanctioned or endorsed. 
 
 Sec. 205. Without special permit from the President 
 only persons of the Caucasian race shall be admitted into 
 the territory of the United States provided no person with- 
 in the United States at the time of the adoption of this 
 
66 The Anarchist Constitution. 
 
 constitution shall be excluded. But every mongolian en- 
 titled to remain in the country shall, within the period of 
 sixty days after the adoption of this constitution, cause 
 himself to be registered by the county clerk of the county 
 in Avhich he lives and receive a certificate of such registry. 
 Such registry, and certificate thereof, shall include the 
 name, age, size, weight and description of such mongo- 
 lian, as well as his place of residence, and the number and 
 date of registration. He shall cause every change of ad- 
 dress to be recorded with the county clerk and, when he re- 
 moves from one county to another, such registration shall 
 be recorded, together with the number and date of the 
 original registration, with the clerk of the county to which 
 he removes. 
 
 All mongolians in the United States not so registered 
 after sixty days from the adoption of this constitution 
 shall be deported by the United States to some port in 
 China or, if not admitted there, to some port without the 
 United States. 
 
 Sec. 206. In towns having a population of less than 
 one thousand inhabitants members of the governing body 
 shall receive as compensation not less than jury pay nor 
 more than double that amount. 
 
 Such body shall always be in session. 
 
 The mayor shall receive not less than double jury pay nor 
 more than three times jury pay. 
 
 In such towns no officer or employee, other than the 
 mayor, shall receive more than double jury pay. 
 
 Sec. 207. In towns and cities having a population of 
 from one to ten thousand inhabitants each member of the 
 governing body shall receive not less than double jury pay 
 nor more than four times jury pay. 
 
 Such body shall always be in session. 
 
 The mayor shall receive not less than double jury pay 
 nor more than six times jury pay. 
 
 No officer or emplo3'Ce, other tlian the mayor, shall re- 
 ceive more than four times jury pay. 
 
The Anarchist Constitution. 6'^ 
 
 Sec. 208. In cities having a population of from ten 
 to fifty thousand inhabitants each member of the govern- 
 ing body shall receive not less than three times nor more 
 than six times jury pay. 
 
 Such body shall always be in session. 
 
 The mayor shall receive not less than three times jury 
 pay nor more than seven times jury pay. 
 
 Xo officer or employee, other than the mayor and mem- 
 bers of the governing body, shall receive more than five 
 times jury pay. 
 
 Sec. 209. In cities having a population of from fifty 
 thousand to two hundred thousand inhabitants each mem- 
 ber of the governing body shall receive not less than four 
 times nor more than seven times jury pay. 
 
 Such body shall always be in session. 
 
 The mayor shall receive not less than five nor more than 
 eight times jury pay. 
 
 No officer or employee, other than the mayor and mem- 
 bers of the governing body, shall receive more than six 
 times jury pay. 
 
 Sec. 210. In cities having a population of more than 
 two hundred thousand inhabitants each member of the 
 governing body shall receive not less than five times nor 
 more than nine times jury pay. 
 
 Such body shall always be in session. 
 
 The mayor shall receive not less than six nor more than 
 ten times jury pay. 
 
 No officer or employee, other than the mayor and mem- 
 bers of the governing body, shall receive more than seven 
 times jury pay. 
 
 Sec. 211. In towns and cities, whose governing body 
 is composed of more than one branch, members of differ- 
 ent branches need not be paid alike but members of the 
 same branch must be paid alike. 
 
 Sec. 212. No town or city, county, state, or the United 
 States, shall engage any unnecessary employees, except as 
 otherwise herein provided, nor pay to any officer or em- 
 
68 The Anarchist Constitutiok". 
 
 ployee any more than is necessary in order to get efficient 
 service. 
 
 But any county or state may employ farm hands or 
 laborers, or other workmen on public works or improve- 
 ments, at not to exceed one and a half times jury pay and 
 must so employ all who apply for such work at not less 
 than two-thirds jury pay on unleased land only and, in 
 the case of farm hands, sell the product of such labor for 
 the highest price to be had, which price must all go into 
 the treasury of such county or state. 
 
 Sec. 213. In no case shall more than eight hours labor 
 be required to constitute a day's work, but a less amount 
 may be established as a maximum. 
 
 Sec. 214. The state legislature shall determine the 
 compensation of county officers not paid by any town or 
 city which shall be paid out of the state treasury, where 
 such expense does not properly fall upon a town or city. 
 The county treasury shall be merely a county fund of the 
 state treasury, out of which fund county expenses shall be 
 paid when it is ample therefor. 
 
 Sec. 215. The compensation of advisers, court clerks 
 and chiefs of police shall be determined and paid by tlie 
 towns and cities in which they are located provided that 
 in no case shall the compensation of any of them be less 
 than two times nor more than six times jury pay; except 
 in towns of less than one thousand inhabitants, in which 
 case it may be less than double jury pay but not less than 
 jury pay. 
 
 Sec. 216. Members of the most numerous branch of 
 the state legislature shall receive five times jury pay and 
 members of the least numerous branch seven times jury 
 pay. 
 
 The governor shall receive ten times jury pay. 
 
 Sec. 217. Justices of the supreme court of a state shall 
 receive seven times jury pay. 
 
 Sec. 218. Members of the House of Representatives 
 
The Anarchist Constitution. ' 69 
 
 shall receive ten times jury pay and senators and cabinet 
 officers shall receive twenty times jury pay. 
 
 Ambassadors shall not receive more than senators but 
 may be allowed expenses of maintenance of embassies and 
 traveling expenses. 
 
 Ministers shall not receive more than representatives 
 but may be allowed expenses of maintenance of legations 
 and traveling expenses. 
 
 Consuls shall not be allowed more than five times jury 
 pay but may be allowed expenses of maintenance of con- 
 sulates and traveling expenses. 
 
 Justices of the United States supreme court shall re- 
 ceive the same pay as senators. 
 
 Congress shall fix the pay of all other officers and em- 
 ployees of the United States, except the President, which 
 in no case shall exceed the compensation of representa- 
 tives. 
 
 The President's salary shall be fifty times jury pay. 
 
 Sec. 219. No officer or employee of any town, city, 
 county, state, or the United States, drawing jury pay or 
 more shall have any other source of income whatsoever 
 while drawing such pay and, if any such person there be. 
 it shall be the duty of any one having knowledge, or reas- 
 onable suspicion, thereof to file a complaint against such 
 person therefor. 
 
 Sec. 220. For the adoption of any town or city con- 
 stitution the following rules shall govern: 
 
 The town or city shall be divided into as many districts 
 as may be necessary. In each district a convention shall 
 be held to which each person in the district who would be 
 entitled to vote at the time of the convention shall be a 
 delegate. Such convention shall select as many delegates, 
 according to the number of eligible delegates, as may be 
 hereinafter determined, to the town or city convention 
 and may instruct such delegates to the town or city con- 
 vention to insist on certain provisions to be embodied in 
 
70 The Anarchist Constitution". 
 
 the constitution unless voted down in the town or city con- 
 vention by a three-fourths vote. In a town or city con- 
 vention the yeas and nays shall be recorded and published 
 upon request of one-fifth of the delegates. 
 
 The town or city convention shall cause to be drawn up 
 a constitution for the town or city. If there are any con- 
 flicting provisions therein which can not be made to har- 
 monize with one another in accordance with the foregoing 
 a majority shall determine which of such conflicting pro- 
 visions shall be stricken out; but no delegate shall vote 
 to strike out a provision he was instructed to insist upon. 
 The town or city convention shall then publish such con- 
 stitution and cause it to be submitted to a vote of the 
 people for ratification or rejection as soon as possible, or 
 by such time as a majority of the district conventions may 
 have directed; and for this purpose may order a special 
 election. At such election two-thirds of the votes cast 
 shall be necessary for ratification. 
 
 In towns of less than one thousand inhabitants the town 
 convention shall consist, as nearly as possible, of ten dele- 
 
 In towns or cities of from one thousand to ten thousand 
 inhabitants the town or city convention shall consist, as 
 nearly as possible, of twenty delegates. 
 
 In cities of from ten to fifty thousand inhabitants 
 the city convention shall consist, as nearly as possible, of 
 thirty-five delegates. 
 
 In cities of from fifty thousand to two hundred thous- 
 and inhabitants the city convention shall consist, as nearly 
 as possible, of fifty delegates. 
 
 In cities of more than two hundred thousand inhabi- 
 tants the city convention shall consist, as nearly as possi- 
 ble, of seventy-five delegates. 
 
 The delegates to said town or city convention may serve 
 for honor only or for such amount as shall not be more 
 than the average of the amounts of compensation recom- 
 
The Anarchist Constitution-. 71 
 
 mended by the various district conventions of such town 
 or city. 
 
 Sec. 221. No law shall ever be enacted within the 
 United States which shall embody more than one single 
 subject; provided^ this shall not be construed to prevent 
 the adoption of an entire code at one time each section of 
 which treats only of a single subject. 
 
 Sec. 222. No law shall ever be effective within the 
 United States for a longer period of time than five years 
 without re-enactment nor for a longer period of time than 
 five years after the day of its last re-enactment. 
 
 Sec. 223. A majority of the voters of the United 
 States having voted in favor of the adoption of this con- 
 stitution shall be sufficient to put it in force on and after 
 the fifth day of March next following the election at which 
 such voting was done. 
 
 Sec. 224. Congress by a two-thirds vote, with the ap- 
 proval of the President, or by a three-fourths vote without 
 such approval, may adopt amendments to this constitution 
 provisionally which shall take effect as part of this con- 
 stitution at noon on the fourth day of March next after 
 having been ratified by three-fourths of the states or by 
 a majority of the voters at a national election. And a 
 special election may be had for such ratification, or for any 
 other purpose, if so ordered by a three-fourths vote of the 
 Congress and approved by the President. 
 
 Sec. 225. In order to perpetuate this constitution, a 
 majority of the voters must vote in favor of its continua- 
 tion for another four years at each regular national elec- 
 tion. 
 
Chapter V. 
 
 Explanations of the Anarchist Constitution. 
 
 Section 1. Anarchists are opposed to law but only in 
 a relative, not absolute, sense. Originally the name anar- 
 chists was applied only to those who were opposed to gov- 
 ernment by means of the old archives handed down from 
 ancestors, which were most fiendish, but this was only an- 
 other way of saying that they were opposed to law, for 
 these archives constituted the law, as they do in great part 
 to this day throughout the United States as well as Europe. 
 
 Anarchists are not opposed to ALL law. They would 
 substitute in-so-far as possible the moral law (standing 
 for justice in all the word implies) for the statute and 
 common law (standing for evasion of the moral law and 
 oppression in all that such implies, justified only by com- 
 pliance with the letter of the statute, presumption and 
 technicalities) . 
 
 It is sometimes asked, then, wherein they differ from the 
 other political parties, for anarchists are a political sect. 
 which profess to desire such changes in the law as the 
 public welfare may require. All other politicians (for 
 anarchists are politicians, too, in the word's broadest 
 sense) simply believe in making such individual amend- 
 ments to the law as the masses may tacitly consent to or 
 expressly demand. 
 
 Anarchists recognize that any number of the smartest 
 and most honest men who ever lived, having arbitrary 
 power to make their will law by a mere wave of the hand 
 and all working in harmony, could not frame all the 
 amendments which would be necessary to approximate 
 justice IN A CENTURY. They, therefore, demand, 
 first, as the only practicable and honest way of advancing 
 toward a just state of society the absolute abolishment of 
 
The Anarchist Constitution. 73 
 
 all pre-existing law and then the adoption of such few and 
 simple rules of action (call them law — it is not the word 
 1-a-w that anarchists dislike — regulations or whatever you 
 like) for the regulation of social intercourse or relations 
 as the public welfare and justice may require. 
 
 Sec. 2 et seq. Anarchists would advance social condi- 
 tions with as little disturbance of society as possible, 
 though they would not tolerate the present injustice and 
 oppression merely from reluctance to disturb society as 
 it exists. Therefore the present social structure and as 
 large a part of the present constitution as possible are used 
 in this new proposed constitution as far as may be without 
 materially interfering with a proper foundation for so- 
 ciety to rest upon. 
 
 Sec. 7. We have no right or justice in our claim to 
 sovereignty over "our newly acquired possessions^^ as it is 
 not based upon "consent of the governed." But, even if 
 we had, we have all we can possibly accomplish to save 
 ourselves first before undertaking to save the rest of the 
 world and, while it is every man's duty to save others from 
 injustice and oppression, it is not our duty to save people 
 from themselves before we save ourselves when it would 
 clearly be impossible to save either ourselves or them if 
 we undertook to do both at the same time, and especially 
 when we are in greater danger ourselves than are they. 
 
 Sec. 9. Detectives may, and probably will, be neces- 
 sary for a few years on account of the few degenerated 
 and vicious characters that our abnormal and unjust so- 
 cial conditions have developed in some few — very few — ■ 
 to such extreme depravity that they may be, perhaps are. 
 beyond redemption. A hospital would be a more humane 
 receptacle for such than a prison t)ut we shall be perfectly 
 satisfied to leave the decisions of such facts to juries, — 
 that is, bona fide juries. 
 
 Sec. 15. It is absolutely absurd to leave the distribu- 
 tion of wealth to those whose welfare and, generally speak- 
 ing, very life depend upon their ability (inclination, too. 
 
74 The Anarchist Constitution. 
 
 as a matter of course) to rob the people as successfully as 
 their "competitors." Kobbery is justifiable when driven 
 to it by necessity and every merchant and business man is 
 generally driven to it by necessity but it is none the less 
 robbery for all that. True, robbery is not justifiable when 
 indiscriminate and is of greater extent than is necessary. 
 But the indiscriminate robbery of the people by merchants 
 is necessary to a great extent. Section 15 of the Anarchist 
 Constitution simply says that every |)erson shall have the 
 opportunity to buy from an honest merchant. 
 
 Sec. 16. There are many other lines of business be- 
 sides mere distribution of wealth which every town should 
 immediately carry on for the benefit of the people, and 
 which can not properly be carried on otherwise, and this 
 should be done in all lines of industry eventually but they 
 cannot all be taken up FIRST. It is merely a matter of 
 determining, the best way it can be, which most urgently 
 comes first. 
 
 Sec. 17. There are some lines of industry too much of 
 a local character to be carried on by the national -govern- 
 ment and not of a sufficiently local character to be carried 
 on by a town or city. Such, for instance, as transporta- 
 tion about San Francisco Bay or on the Hudson River and 
 telephone communication of a few scattered towns in a 
 county that would otherwise be unconnected. Also some 
 lines of manufacturing should be carried on by the state, 
 or possibly by a county. 
 
 Sec. 20. The United States should carry on all such 
 lines of business that the entire nation as a whole would 
 be benefited thereby, as well as some others, like coast 
 navigation and inland transportation not of a local char- 
 acter. 
 
 Sec. 26. It is not the idea to keep the country pre- 
 pared for war which is almost certain, with our strength, 
 we could never be involved in without looking for it. But 
 there may be a bare possibility — we are willing to concede 
 this much temporarily to the old order of things — that we 
 
The Anarchist Constitution. 75 
 
 MIGHT be unjustly attacked from without and a navy, 
 unlike an army, can not be manufactured over night. 
 
 Sec. 27. There is no POSSIBLE use for maintaining 
 an army ready to fight and we concede for the present that 
 it may be safest to have a well trained nucleus of an army 
 which could be turned into military instructors in a possi- 
 ble emergency. 
 
 Sec. 29. There is no danger of compulsory service for 
 four months in the militia becoming onerous under the 
 provisions of this constitution, as compulsory military ser- 
 vice has in all other countries where it has been in force, 
 as all would be required to serve alike and there could be 
 no officers of more than four months' service to substitute 
 despotism for discipline. And it would have this advan- 
 tage that no one class would be better versed in military 
 tactics and organization than another and, in case of ne- 
 cessit}^, all the male population of the entire nation could 
 be turned into a fairly well disciplined army in a day. 
 
 Sec. 30. There is no justice in authorizing the taxa- 
 tion of the entire nation almost at will by one man merely 
 because he was the first man to "perfect" an idea or pre- 
 sent new thoughts. We would have steamboats just the 
 same today if Newton had never lived. If he had not 
 "perfected" his steamboat on the Hudson Eiver a century 
 ago some one else would, and if Col. Colt had not "in- 
 vented" the revolver some one else would. If I had not 
 presented anarchy (pardon my modesty) in as concise a 
 form as this some one else would very soon. And the 
 whole people are entitled to such products because every 
 one of them, not the result of accidents (accidents happen 
 with but little regard for patent laws) is the result of the 
 growth and exchange of the ideas of all. 
 
 Sec. 33. The greatest protection that thieves and ras- 
 cals of all kinds have enjoyed in all countries and in all 
 ages has been the definition, or rather so-called definition, 
 of crimes with a prescribed penalty and this is not lessened 
 to any considerable extent by qualifying the penalty to 
 
76 The Anarchist Constitution. 
 
 be not less than nor more than such and such in the dis- 
 cretion of the judge. This definition of crime and stipu- 
 lation of the penalty has been the most potent single thing 
 handed down to us from the old archives of our ancestors 
 in making jury trial an absolute farce. It is so manifest- 
 ly impossible to define beforehand in statute books all the 
 infinite number of combinations of circumstances that do 
 or may constitute an infringement on the rights of man 
 that, if we did not know it to be true, it would be incredible 
 to a man of average intelligence and sense of justice that 
 we have for untold ages, and still do, attempt to define 
 all the infinite combinations of circumstances that are 
 wrong and say that nothing else shall be punished as such. 
 Its only result is, in effect, the naming of certain easy con- 
 ditions that the law says must be complied with. As a 
 natural consequence only those who disregard those cer- 
 tain easy conditions or are unaware of them (which latter 
 is the case with most men) can possibly be punished. 
 Those who know the certain easy conditions and comply 
 with them can, and do, infringe upon the rights of their 
 fellow men (and women more especially) at will. They 
 are our prominent citizens. Their victims are the dogs 
 of society. Every man knows when he does another a 
 deliberate wrong and for such he should be held accounta- 
 ble whether or not the circumstances have happened to 
 come within some statute. And, on the other hand, the 
 most innocent acts of life come within some statute or 
 other in their consequences and make us criminals under 
 the law. True, there must be a criminal intent but this 
 intent is presumed in law and the burden of proof lies 
 with the defendant to prove there was no such intent. 
 And lack of intent can only be proved in certain ways that 
 the average man knows nothing of by legal evidence, re- 
 gardless of other evidence, and the jury can only judge 
 of the fact by such LEGAL evidence and the law as it 
 is handed out to them by the judge regardless of whether 
 or not the law is just under the circumstances. And the 
 
The Anarchist Constitution. 77 
 
 jury must render a verdict, too, without even knowing 
 what the sentence of the judge will be ! All law of this 
 character anarchists are opposed to on principle and the 
 respectable criminals protected by it from the just pun- 
 ishment of their infamy are heartily in favor of it. 
 
 Sec. 35. Most people seem to think anarchists are op- 
 posed to such things as courts; though why it is hard to 
 say unless it is because they are opposed to such courts 
 as we have heretofore known and the further reason that 
 in a state of absolute anarchy there probably would be 
 none. It can only be said to those who believe anarchists 
 to be opposed to courts regardless of their nature that they 
 are ignorant of the fundamental principles of anarchy. 
 It is true that anarchists are opposed to such courts as 
 exist at the present time because they are ALL courts of in- 
 justice, not courts of justice, though sometimes they may 
 HAPPEN to deal out justice if the side of justice happens 
 to win the legal battle therein waged and the punishment 
 prescribed by law HAPPENS to be a just one under the 
 circumstances. But anarchists are not opposed to courts 
 that shall honestly endeavor to deal out justice according 
 to the circumstances instead of according to the archives. 
 
 Sec. 36. The idea of this section is that the legislature 
 will establish in each town and city as many departments 
 as may be necessary to give prompt justice to all and dis- 
 solve them as strife becomes less and the departments be- 
 come unnecessary. It is impossible to lay down hard and 
 fast rules for establishing such courts and dispensing with 
 them again as they become unnecessary. It might be 
 left without great danger to the welfare of society to each 
 town and city to dissolve such departments but one de- 
 partment clerk is needed, even after all departments of 
 the county court are dissolved therein, in every town and 
 city of any size. It has, therefore, been left to the legis- 
 lature to regulate the establishment and dissolution of 
 courts on the assumption that under anarchy the legisla- 
 ture would be responsive to public opinion, as it has never 
 
78 The Anarchist Constitution. 
 
 been before. And it is thought that^ as the town or city 
 is most directly concerned and bears all the expense, that 
 the legislature would act promptly upon the recommenda- 
 tions of such town or city. x4nd in towns desiring a de- 
 partment clerk and not a court the court and clerk could 
 be provided for and the court immediately thereafter dis- 
 solved upon recommendation of the town. 
 
 Sec. 37. The appointment of advisers by the governor 
 is merely for simplicity and of no great danger to the 
 community because as soon as three juries register a vote 
 of censure against him he can be tried and removed by 
 a subsequent jury. And while three juries may seem 
 an arbitrary number to require censure from before re- 
 moval by a subsequent one it is only to guard against hasty 
 removal based upon a single recommendation or decision 
 not properly understood. It may seem that the number 
 should be greater in large cities where the adviser presides 
 at many trials than in small towns where there are but few 
 but in large cities the adviser can not be in such close 
 touch with the community at large as in small towns and 
 it is, therefore, more urgent to guard well against bias 
 on the part of the adviser. 
 
 Sec. 38. Civil and criminal cases should dilfer only in 
 the punishment. The jury, with the advice and informa- 
 tion allowable from an experienced adviser, is the best 
 judge obtainable as to whether or not the infringement 
 of right is of a criminal nature. That is, assuming the 
 jury to be honestly selected as it must be under this con- 
 stitution. 
 
 Justice should be free to all. Under the present sys- 
 tem our so-called justice is so expensive a luxury that it 
 is well within the reach of J. Pierpont Morgan and ]\Ir. 
 Eockefeller and well beyond tlie reach of auy poor man. 
 
 If the first and second of the bail-bonrd ra\or a reas- 
 onable amount of bail, say $100 and $200 respectively, 
 and the third or third and fourth favor $1,000,000 it 
 will not take the first and second long to agree to a com- 
 
The Anarchist Constitution. 79 
 
 promise of say $150 and if the two agree on $150 and two 
 $1,000,000, either is a proper amount of bail and if the 
 sheriff then refuse to accept $150 as bail when tendered 
 he will be subject to action by the defendant for refusing 
 a proper amount of bail. 
 
 Of course the duties of some officers provided for in 
 this constitution are too great to all be attended to in 
 person. But such is the case under the present system 
 and it works no inconvenience as a proper number of as- 
 sistants may be had. For instance, it would be an impos- 
 sibility for the county clerk in San Francisco to perform 
 alone all the duties imposed upon him but that is not ex- 
 pected, nor would it be under the Anarchist Constitu- 
 tion. 
 
 To-day extradition must be granted by one state to an- 
 other and, therefore, the present red tape of a formal de- 
 mand is unnecessary. 
 
 Sec. 39. Delays should not be granted, as at present, 
 to secure a biased court or jury. 
 
 Sec. 40. The adviser is not compelled to grant one 
 unreasonably long postponement nor is he obliged to grant 
 postponements subsequent to the first, even by mutual 
 consent of the parties, to the interference of the business 
 of the court, except in his discretion he may in the inter- 
 ests of Justice. 
 
 Sec. 41. But if the bail-board delay justice without 
 good and sufficient cause they, or any of them, will be sub- 
 ject to complaint therefor at the instance of the injured 
 party, within a reasonable time. 
 
 Sec. 42. Defendants should not be required to defend 
 a sudden and surprising complaint without proper oppor- 
 tunity to prepare for defense. 
 
 Sec. 44. Courts should not be burdened with mere 
 trifles of so little consequence as to be a forgotten inci- 
 dent in a week. Nor should they be burdened with such 
 trifles as any one man is good enough to determine. 
 
80 The Anarchist Constitution. 
 
 AT PEESENT A MAN WHO IS UNABLE TO GET 
 WOEK and forced to lay around in idleness — there are 
 none such when in good health, from choice, at the be- 
 ginning of such a life — is haled before some petty "judge/' 
 with an exaggerated idea of the cringing worship due himj 
 on a charge of "vagrancy'^ and it is woe to such a man who 
 demands a jury trial and it is woe to him any way if the 
 "judge" is not favorably impressed with his appearance 
 or "address'^ or worshipful deference. But the most dis- 
 gusting sight in connection with our government is a 
 helpless woman who has been driven into prostitution to 
 get the few dollars necessary for her existence brought 
 into court "for revenue only" on a charge of vagrancy that 
 we may take those few dearly bought dollars away from 
 her as a Shylock would take the pound of flesh that he im- 
 agines legal technicalities will entitle him to. It is no 
 rare thing. It is the EVEEY DAY robbery by our govern- 
 ment in every city of our land. Even as I write the fore- 
 going sentence a new case of the same old kind is reported 
 to me. The helpless woman had but fifty cents that they 
 could bleed her out of and that was not enough. Her 
 bail was set at only fifty dollars, and she languished for 
 eight hours in a cell — a hell hole — and the supreme auto- 
 crat called "judge," whose children do not have to live by 
 such means, was indignant because her bail — we'll call it 
 bail though it seems more like tribute for release from 
 persecution as it is rare indeed that such money ever gets 
 back to its owner — was reduced to ten dollars. 
 
 Anarchists would certainly wipe out of the English 
 language the word "vagrancy," handed down to us from 
 the archives, and meaning vagueness or indefiniteness, and 
 applied only to those against whom nothing could be alleged 
 but whom it was desired to punish (or bleed, as in the case 
 of prostitutes) on general principles — or out of spite. I 
 defy any man to define vagrant so as not to include those 
 whom he will admit are not vagrants in a legal sense. 
 
 Sec. 45. The numl)er of twelve to constitute a jury is 
 
'^/veas/jY ] 
 
 The Anarchist Constituti6n. rx^ of 
 
 an arbitrary one and only taken because it has been cus- 
 tomary and is just as good as any other number, all thing? 
 considered. While anarchists object to being governed^ 
 or judged, by any one man they do not ask for any more 
 to sit in judgment on them than are supposed in theory 
 of law to sit in judgment of a man's actions to-day. 
 
 Anarchists do not fear the judgment of women, who are 
 just as honest in their judgments as men, any more than 
 that of men; and women who are competent to judge of 
 public policies should be just as competent to judge of 
 private or individual actions. And they can afford to give 
 such service to the community nearly as well as men. 
 
 All jurors should be in full mental vigor and therefore 
 the age limits (with all due apology to the old folks). 
 
 Brother or sister of the half-blood would, I should thiiii 
 be brother or sister. 
 
 A juror's statement, while conclusive of such relation- 
 ship, will not relieve him from liability to prosecution 
 for material perjury. 
 
 A juror excused for ineligibility to serve on a particular 
 case shall serve on the next jury for which he is eligible. 
 No person shall shirk his just share of jury duty if it can 
 be prevented and none shall be skipped in order to reach 
 a biased juror. 
 
 Sec. 46. Where a jury can only be judge of a bare fact^ 
 often admitted by the defendant, and where the jury can 
 only have such evidence upon which to base its judgment 
 as the judge will allow and where, after all the farce is 
 completed, the judge may set the verdict of the jury aside 
 upon giving the excuse that it is not in accordance with 
 that part of the law he has handed out to them in his "in- 
 structions" and the evidence he has allowed to be sub- 
 mitted, can any honest man uphold our present system of 
 jurisprudence? That is, can any honest man not be an 
 anarchist ? 
 
 Sec. 47. Is there any sound reason why one biased 
 juror, or only stubborn if you please, should be able to 
 
82 The An^archist Constitution". 
 
 prevent any decision of the court? Over a century ago 
 Blackstone said it was only because it had been so with 
 former generations. 
 
 Sec. 52. There is no possible excuse for the brutality 
 and indecency of the average police officer. I do not be- 
 little the exceptional policeman who shows some courtesy 
 and consideration for, and respect towards, the person 
 arrested. I only state, what I know to be true, that such 
 policemen are rare, though there may he di few. There 
 is no occasion to overawe or attempt to overawe the person 
 arrested and courtesy is not incompatible with firmness. 
 
 Regarding vote of censure against adviser, see note Sec. 
 37. 
 
 Sec. 53. The salaries of government officials should 
 be no more arbitrary than necessary and, therefore, some 
 standard or unit, based upon the average earnings of the 
 people, should be the basis for calculating them. Every 
 juror should consider himself bound in honor to make an 
 honest statement of his earnings and when such statement 
 is palpably dishonest any person having knowledge thereof 
 should feel in duty bound to file a complaint for such per- 
 j^^ry. 
 
 Sec. 54. No person at the age of ten years can appre- 
 ciate right and wrong to such an extent as to be properly 
 held to be a menace to society and a great wrong com- 
 mitted at such age is either without sufficient criminal 
 intent or the result of lack of proper education, in which 
 latter case society has only itself to blame. In England 
 children of this tender age have been judicially burned at 
 the stake, or hung. 
 
 Sec. 60. The matter of new trials, based upon equity, 
 is one that will bear great thought and study; wliich, ap- 
 parently, it has never received. 
 
 Sec. 69. In case of sentence agreed to by seven only 
 of the jurors, and not endorsed by the adviser, the justice 
 of such sentence is so dubious that the benefit of any possi- 
 
The Anarchist Constitution. 83 
 
 ble doubt should be given the defendant by those requested 
 to sign his petition for new triaL 
 
 Sec. 74. We still have the whipping post for "vag- 
 rants" (when the}^ can not be bled for nione}^) in Dela- 
 ware, to our national disgrace. 
 
 Sec. 78. Justice absolutely demands some protection^ 
 which does not now exist to speak of, against being in- 
 volved in defense of prosecution or other litigation which 
 is, in fact, only persecution. 
 
 Sec. 79. Eequiring a person to call upon God for help 
 to tell the truth, whether the person believes in the exist- 
 ence of a God or not, is an insult to the person which no 
 community should ever stoop to indulge in; and only a 
 relic of superstition. 
 
 Sec. 85. How any self-respecting community can place 
 the age of consent at twelve years — the common law^ age of 
 consent — is beyond comprehension. 
 
 "Wliile it may not, and in my opinion is not, proper or 
 advisable for a girl to get married as soon as she has 
 reached the age of consent, she unquestionably has the 
 EIGHT to get married before an older age has been 
 reached. Certainly she has the right to get married, with- 
 out anybody's consent, as soon as a proper age of consent 
 has been reached; or, in other words, as soon as she has 
 the right to become pregnant, or when another has the 
 right to make her so, she has a RIGHT, inherent and in- 
 alienable, to be married. 
 
 Sec. 86. Our present marriage and divorce laws are 
 simply fiendish. "It is the Law," by Chas. Sheldon, is 
 the title of a book on this subject which is recommended 
 as a fair synopsis of them. 
 
 Sec. 87. A marriage between brother and. sister of the 
 half blood, between cousins, between uncle and niece or 
 between aunt and nephew, as well as between ancestor and 
 posterity, should certainly be deemed incestuous. 
 
 Sec. 88. The male should in such case be at least as 
 
84 The Anarchist Constitution. 
 
 guilty as the female but the youth of the male should also 
 be considered. 
 
 Sec. 89. Can any one, anarchist or partisan of the ar- 
 chives, maintain that it is not fiendish to attaint for life 
 at birth a poor innocent little baby with the opprobrious 
 epithet of "bastard?" An anarchist maintains that the 
 mere existence and appearance before one's eyes, alone, 
 is absolute and incontrovertible PROOF of the innocence 
 and legitimacy of a baby, who could not do an illegitimate 
 act under any circumstances. 
 
 Sec. 90. A marriage is a mere civil contract. Our 
 law of to-day recognizes it as such, but, with that beauti- 
 ful and regardless inconsistency which so permeates our 
 law and ;iurisprudence, does not recognize its obligations 
 as the oWigations of a mere civil contract, which may be 
 terminated by the mutual consent of all parties in interest. 
 The reason for this was probably in ancient ages based 
 upon religious superstition and, barring such religious 
 superstition which exists to a frightful extent to this day, 
 the only leason given now for prohibiting the abrogation 
 of the marriage contract by consent of all parties in in- 
 terest is tliat children who, by reason of their tender age. 
 are parties, in interest and unable to give an intelligent 
 consent would be robbed of their parentage. This seems 
 about as absurd as most of the excuses for our Judicial 
 monstrositii^s. In the first place, it does not permit a 
 termination of the contract by mutual consent of all par- 
 ties in inter(».st where such considerations could not pose: 
 bly apply. In the second place, it does not apply with an^ 
 very great degree of force even where there are children 
 who can not give an intelligent consent. Can any person 
 maintain that a child is better off in a home — usually more 
 of a hell than a home — where the parents can no longer 
 live together in .^.ove and harmony than it would be living 
 with only one ol the parents living amidst surroundings 
 of greater harmony? The divorces in the United States 
 during the past twenty years number 380,000, not one 
 
The Anarchist Constitution. 85 
 
 of which^ in theory of law, could be granted where there 
 was any collusion, or mutual consent of the parties in in- 
 terest; to say nothing of the cases of worse than divorce 
 where such an expensive luxury could not be afforded. It 
 is doubtful if there would be so many under anarchy. The 
 separations in colonies of anarchists have never been so 
 great in proportion to the number of people and there no 
 children have been raised in homes (that are hell) where 
 the parents could not live together in love and harmony 
 and that despite the fact that only poor people have ever 
 lived in colonies of anarchists. 
 
 \\Tiile a marriage contract would be provable without 
 anything in writing, the only safe and proper way would 
 be to have it recorded. 
 
 Sec. 94. Of course if the mother subscribed to the rec- 
 ord of birth naming a father of the child who was not the 
 father she would be liable and it would in no way bind the 
 alleged father, but if he did not promptly proceed against 
 the mother and all others willfully parties to the false 
 record, as soon as possible after knowledge thereof came to 
 him it would weigh materially against him. And if the 
 clerk or any one else strongly suspected the record to be 
 false in such respect the alleged father should be at once 
 notified. 
 
 Birth records should be watched closely and all birth- 
 should be recorded even though the child be still-born, 
 if after seven months. 
 
 Sec. 96. It is most important that all deaths should be 
 properly recorded. 
 
 Sec. 98. If my property goes to my wife upon my 
 death, which it certainly should do, there is no good rea:-- 
 on why it should go to a subsequent husband of hers upon 
 her death and the good of the community absolutely re- 
 quires that the accumulation of vast fortunes in the haal- 
 of a few individuals who did nothing to produce then], 
 or even if they did contribute to some slight extent in pro- 
 ducing them, like J. Pierpont Morgan, Andrew Carnegie 
 
86 The Anarchist Constitution. 
 
 and William Waldorf Astor^ and other enemies of so- 
 ciety, should be prevented. 
 
 Sec. 99. The orphans of a deceased person leavini^ an 
 estate have no nse for a considerable amount thereof tc 
 spend all at one time nor any legitimate use for more than 
 half jury pay until of age. There is no reason why any 
 able man should be kept in idleness all his life simply be- 
 cause some of his ancestors earned or stole (which ever 
 you please) more than they had occasion to consume or 
 spend after properly providing for themselves, and t^ fir 
 children until they reach the age of manhood. And cer- 
 tainly all other orphans have a right to life, which neces^^a- 
 rily carries with it a right to be supported until they aro 
 competent to support themselves. 
 
 Sec. 100. And when a man dies leaving no surviving 
 wife or children certainly the orphans of the county, who 
 contributed materially to the society which enabled him to 
 create his estate, have as much right to his estate as a dis- 
 tant relative, who probably contributed practically noth- 
 ing thereto, and a great deal more claim to consideration. 
 
 The payments from the General Orphans' Fund 
 should be great enough to prevent surplus because this 
 money goes into such fund only for the purpose of distri- 
 bution and not for the purpose of accumulation. 
 
 Sec. 102. Many corporations to-day have this social- 
 istic system of medical attention in force for their em- 
 ployees, and it works to the benefit of corporations, em- 
 ployees and physicians alike. The physician's only inter- 
 est is to benefit and cure his patients, and not to keep them 
 sick, as is generally the case at present. The physician 
 gets a fair and just compensation for his labor without 
 spending half his time in a vain endeavor to collect bills 
 and his patients get honest treatment to the best of the 
 physician's ability, paying all that such service costs and 
 no more. True, some people contribute to the pay of the 
 physician without ever requiring a physician's services. 
 
The Anarchist Constitution. 87 
 
 but they are the fortunate ones as are those who insure 
 their homes against fire without ever being burned out. 
 
 Sec. 106. Every town and city ought to employ as 
 many dentists as necessary to provide, free of cost, proper 
 care for the teeth of all inhabitants, but as this is not quite 
 so important as medical attention it is not made obligatory. 
 
 Sec. 107. This does not prohibit experienced persons 
 from giving such advice, care and attention as they can^ 
 but they must not make it their business as do many so- 
 called doctors to-day who have never had a proper train- 
 ing therefor, nor even a diploma, and who escape the law 
 prohibiting such practice on mere technicalities. Eogues 
 and rascals who infringe upon the rights of their fellow 
 men and depend upon the technicalities of the law to pro- 
 tect them from just and well merited punishment will not 
 be so smart when they go into an anarchist court as they 
 are to-day when they go into a court of "justice" and play 
 the martyr. 
 
 Sec. 108. While I cannot believe in any religion or 
 God, however much I might wish to, certainly those who 
 do believe in any religion, whatever it may be, are free from 
 any blame therefor, as a person's belief cannot be volun- 
 tary. As to honestly teaching any belief in good faith, it 
 is nothing more nor less than expressing one's opinions; 
 provided, of course, it is not expressing the opinions of 
 others for pay or other consideration. It is not our right 
 to express our opinions and other people's duty to hear 
 them, but our duty to express our opinions and other peo- 
 ple's right to hear them. And our 7-ight to hear other 
 people's honest opinions is infringed upon when those other 
 people undertake to represent to us, as their opinions, what 
 a third party would like to have represented to us as their 
 opinions. If the Pope of Eome has a hireling priest rep- 
 resent to me as the Priest's opinions what are only the 
 Pope's opinions, and the priest represents to me for the 
 pay or bribe that the Pope will cause to be paid to the 
 priest, as his own opinion, not what is really the priest's 
 
88 The Anarchist Constitution. 
 
 own opinion, but only what the Pope wishes me to believe 
 is the priest's own opinion I am deceived and robbed of 
 my right to hear honest opinions. And this robbery or in- 
 fringement of my right is not lessened by the fact that 
 this opinion that I get as the priest's opinion is really the 
 honest opinion of the Pope nor by the additional fact that 
 the Pope's opinion 7nay be based upon sound sense and 
 reason unless the Pope has a monopoly of sound sense and 
 reason. 
 
 What has here been said applies equally to all other re- 
 ligious organizations, but the catholic church has only 
 been cited because it is the most powerful organization 
 on the face of the earth, and therefore the most baneful. 
 I have no more animosity towards the catholic church than 
 any other. All churches are organized for the sole purpose 
 of teaching, especially to women and children, what I look 
 upon as superstition calculated only to dwarf and enslave 
 the intellect. And my opinion in this respect is not modi- 
 fied in the least by the fact that, in all ages of which we 
 have any records, and among all peoples, knaves have been 
 able to teach superstition to the gawkies for the purpose 
 of dwarfing and enslaving the intellect nor by the further 
 fact that they also do a little good on the side to ward off 
 criticism so that if they are censured they can noisily ad- 
 vertise that fact and point to a hospital here or a mission 
 of mercy, so-called (I prefer to call it justice) and ask: 
 "Would you stop such work?" I say no. We would not 
 stop such work. We would only separate it from the bad 
 work to which knaves have always attached it. 
 
 There is only one thing that I, as an atheist, hold 
 against the partisans of religious organizations (I hold 
 nothing against those who hold an honest belief in re- 
 ligion). That is, while I recognize the right, and even 
 duty, of every one of them to promulgate his opinions so 
 long as he does not receive pay from others therefor, they 
 try to cast obloquy upon atheists for exercising that same 
 right and duty. Atheists would deserve the opprobrium 
 
The Anarchist Constitution. 89 
 
 of others if they taught atheism without believing in it 
 for the purpose of gain. 
 
 As to the teaching of religious beliefs, not for the pur- 
 pose of gain, clearly a material infringement of the rights 
 of man, it is well nigh impossible that parents could be 
 guilty in this respect towards their children and, there- 
 fore, no restrictions should be placed upon the teaching 
 of religious belief by parents to their children. And, 
 by others than parents, when not for pay, restrictions 
 should apply only to such teachings as are extremely gross 
 and immoral; as, for instance, teaching a girl that it is a 
 religious duty to submit to shameful and unmentionable 
 things. 
 
 Sec. 109. Children should not be expected to starve 
 merely because their parents are unable (or unwilling if 
 you please) to properly provide for them. If they have 
 a right to live they have a right to what is necessary in 
 order to live until they are able to provide such things for 
 themselves. 
 
 The payments by the state to children should be made 
 to the mother rather than to the father, where there is 
 any choice, because it is not right that the mother, who is 
 the natural buyer for the child, should be required by the 
 state to beg of the father for such allowances as may be 
 necessary. 
 
 Sec. 110. Barbarians, it is said, make their women do 
 the work and let the men simply do the hunting and fight- 
 ing. I doubt this, and I have dwelt among them to some 
 extent, but, granting it is true, and granting this to be 
 the standard by which to measure the barbarism of a peo- 
 ple, are we not the most barbarous people of any age in 
 recorded history? Go through any city in the United 
 States and behold our barbarism on all sides. In all the 
 large stores, in all the offices, in nearly all the mills (behold 
 the cotton, woolen and silk mills of New England and the 
 Middle and Southern states) and factories — women, chil- 
 dren and women everywhere. Nor do we even draw the 
 
90 The Anarchist Constitution. 
 
 line at manual labor in the field, for no one has ever trav- 
 eled through any considerable part of Xew England, the 
 middle or even the Southern (where idle niggers are al- 
 ways plentiful) states without beholding the disgraceful 
 sight of women in the broiling sun of mid-day laboring for 
 a pittance of next to nothing side by side with men, hoe- 
 ing potatoes, harvesting hay or picking hops or cotton for 
 a crust of bread ! Such a sight to an anarchist is like a red 
 flag in a bull's face and sometimes (unfortunately) drives 
 him to desperation as does the cloak of a matador a bull 
 in a bull-fight. Was not the act of Czolgosz desperation 
 pure and simple? It was unfortunate, perhaps; though 
 McKinley was a bad President. Desperation is almost in- 
 variably folly where cool, calculating and determined 
 fighting is required. But anarchists, like others, some- 
 times lack the self-control of a trained fighter. Neverthe- 
 less it is the system they fight; not the individuals who 
 execute it. 
 
 Sec. 111. Each state should have a board of inquiry in 
 each town or city, composed of men of the greatest integ- 
 rity, to determine in the first instance what men are un- 
 able to earn a comfortable living. For incapable men, like 
 children, are as much entitled as a matter of right to that 
 which is necessary to life as they are to life itself. The 
 judgment of such board, or of the governing body of the 
 town or city if there be no such board, would not be final 
 for any applicant unjustly treated at their hands could, 
 of course, file a complaint against any member of the 
 board for voting against his just claim, and have it de- 
 termined by a jury. And if the members of the board 
 refused to acquaint him with the names of those at whose 
 hands he received injustice he could file a complaint 
 against any so refusing, for robbing him of his right of 
 opportunity to have the matter finally adjudicated. And, 
 on the other hand, if the board allowed those not entitled 
 to it to be classed by them as entitled to the })ay of an in- 
 capable they would be infringing upon the rights of the 
 
The Anarchist Constittttign. 91 
 
 community. If the state did not deem it proper or ad^ 
 visable to establish such boards each town or city could 
 establish one of its own. 
 
 Sec. 114. Corporations are based upon fiction. Fic- 
 tion is repugnant to truth and justice. Whatever is re- 
 pugnant to truth and justice is repugnant to anarchy. 
 
 The existence of but one corporation in the country 
 (that is a private one, or one for profit) however small it 
 might be to-day, if never interfered with, would eventually 
 in future ages inevitably lead to absolute slavery. 
 
 Justice Field in his oration delivered at the centennial 
 celebration of the Supreme Court of the United States in 
 New York, in 1890, stated that four-fifths of the wealth 
 of the country was then held by corporations. Corpora- 
 tions were then comparatively insignificant when they only 
 owned four-fifths of all the wealth. 
 
 It is easier to fight slavery before being enslaved than 
 afterwards. 
 
 Sec. 115. A franchise is an exclusive right, special 
 privilege — favoritism. If all men's rights are equal how 
 can franchises be defended from any standpoint ? I main- 
 tain that all men's rights are equal, and that no man can 
 be robbed of his right though he may be robbed of his 
 power to exercise his rights. 
 
 Sec. 116. As all of these contingencies are provided 
 against under the Anarchist Constitution, swindling, or 
 an attempt to acquire wealth which one has not produced, 
 could be the only motive for such contracts. Of course 
 such contracts are to-day a necessity, and under the pres- 
 ent system, such restrictions would be fiendish. This re- 
 striction does not prevent insurance against loss of prop- 
 erty by fire or other catastrophe, though such insurance 
 ought to be carried only by the state or nation. 
 
 Sec. 117. Deceased persons are buried, not for the 
 benefit of such persons nor for the benefit of their immedi- 
 ate family or relatives, but for the benefit of the commu- 
 
92 The Anarchist Constitution. 
 
 nity at large. Therefore^ the community at large should 
 bear the burden thereof. 
 
 Sec. 118. The value of land is created by the growth 
 of the community roundabout and belongs inalienably to 
 the community. No one man alone can give any value 
 to land, and therefore, should not be permitted to appro- 
 priate to his own use that value. How much value could 
 any land have with only one man in the vicinity, let him 
 be a man of such genius as no living man ever had before ? 
 How did any man ever acquire an honest title to land ? By 
 investing his capital in it, some say, and no one ever at- 
 tempts to give any other excuse for his laying claim to 
 title in land. That might give him title to something in 
 which private property might be had, such as the product 
 of labor, provided he bought it from some one who 
 could convey an honest title. But if he did 
 not buy it from some one who could convey an 
 honest title, no honest title can vest and, there- 
 fore, he cannot convey an honest title to a sub- 
 sequent purchaser. The case was about the same with the 
 slaves in this country less than half a century ago, and 
 the only argument ever used in support of the private 
 ownership (not private possession, as no one objects to 
 that) of land was used with equal force in support of the 
 ownership of slaves. Do we advocate the confiscation 
 of land? Confiscation NOTHING! We advocate taking 
 our oivn land only, and do not advocate confiscating any- 
 thing whatsoever that does not belong to us. Did Abra- 
 ham Lincoln ( a fair patcher, but a poor tailor) and his 
 abolitionist friends advocate confiscation of the slaves, as 
 the Southern slave "owners" termed it? No, they advo- 
 cated no confiscation but merely liberation of those who 
 had a EIGHT to be liberated, even thougli some poor 
 widow (as the wails of lawful thieves are generally handed 
 out to us) lost all her "property" — a $1,200 slave or two. 
 And then to show they had a little horse sense and didn't 
 worry themselves at night over the plaintive wails of those 
 
The Anarchist Constitutiok. 93 
 
 who lost what they never owned they adopted th« four- 
 teenth amendment to the United States constitution, in 
 part as follows; 
 
 "The validity of the public debt of the United States^ 
 authorized by law, including debts incurred for payment 
 of pensions and bounties for services in suppressing in- 
 surrection or rebellion, shall not be questioned. But 
 neither the United States, nor any state, shall assume or 
 pay any debt or obligation incurred in aid of insurrection 
 or rebellion against the United States, OR ANY CLAIM 
 FOR THE LOSS OR EMANCIPATION OF ANY 
 SLAVE; but all such debts, obligations and claims shall 
 be illegal and void." 
 
 Now, as an honest title cannot be derived (or bought) 
 from a dishonest claim to a title, and the present claim 
 of title to land can be no better than the preceding ones 
 which alone were conveyed, if the original title was no 
 title at all, but only a dishonest claim to one, the present 
 claim to title can be no better than the original one. Sup- 
 pose that fifty years ago the legislature of California, being 
 composed of adventurers who came west in quest of gold, 
 and found it more easily acquired in the halls of the state 
 capitol than in the mountains, had ceded or "granted" to 
 John Doe all the springs, streams, lakes, etc., from which 
 drinking water could ever be obtained ( or all but one lit- 
 tle inaccessible spring off up in the mountains some- 
 where) to have and to hold for himself, his heirs and as- 
 signs forever, and it was handed out to the people that 
 such cession or grant was necessary "to encourage capi- 
 tal" to handle the people's water supply ( capital doesn't 
 often require much encouragement to handle what the 
 people cannot get along without) and John Doe held every 
 man, woman and child in California who ever wanted to 
 drink water in bondage, taxing them as much in the way 
 of tribute for the privilege of drinking ( he held the fran- 
 chise) as his own sweet will might dictate while he lived 
 on the fat of the land in idleness leaving only to the peo- 
 
§4 The Anarchist Constitution. 
 
 pie who drink water a bare subsistence out of the nntold 
 wealth they produce. And John Doe, the original grantee 
 of the state's water suppl}^, died and little John, or "young 
 John" as he is now called, feels that he is not getting quite 
 enough of the state's enormous production of wealth, and 
 he squeezes you and me (provided we ever want to drink 
 water) still harder than his father ever did before him 
 until, however much wealth we produce for him, neither 
 you nor I can take a wife and have more than a crust of 
 bread to sustain her life, in addition to sustaining our own 
 lives. John can keep her as a concubine (provided she 
 ever wants to drink water) and thousands more with her 
 without them being any burden on him. Would we (you 
 and I) say John has title to all the sources of water sup- 
 ply and we cannot confiscate his "property?" No (not I), 
 we (or, at least, I) would say water, like land, is a natural 
 element the title to which vests in the communit}^ as a 
 whole and is inalienable. Eepresentatives of the people 
 are not the people (Abraham Lincoln's opinion to the con- 
 trary, notwithstanding), but only agents, and the agency 
 is limited. They can only do as agents such acts as come 
 within the agency. An agent of a man holding what is 
 known to the common law (that is the old English ar- 
 chives) as an estate tail (life interest only in land) could 
 not convey an estate in fee simple (that is absolute title 
 in perpetuity). So, even if all the people of fifty years 
 ago had EXPEESSLY authorized the legislature to cede 
 or grant a title in perpetuity to all the sources of water 
 supply (or land either), or any part of the same, to John 
 Doe they could not even then convey an honest title in 
 perpetuity; or even one to be valid or binding in justice, 
 law or morality after the next birth within the state, l^or 
 each generation lias only a life interest in the natural ele- 
 ments and any title to land or water, or any of the natural 
 elements, or any part of the same, to have any color of va- 
 lidity would have to ])e given and re-given l)y express au- 
 thorization by ALT^ the people born since the last previous 
 
The Anarchist Constitution. 95 
 
 conveyance at intervals so frequent as to be almost inces- 
 sant. Imagine, if you can, one generation to die all at one 
 time and be succeeded by a new generation just springing 
 into being. Could the dying generation (by express au- 
 thorization of every one of them if you please) say that 
 some particular individual, John Doe for instance, of the 
 new generation should have "title" to, and "property" in 
 all, or any part, of the natural elements, which no man or 
 any class of men, nor even all men, have created, and that 
 the said John Doe should have the RIGHT to levy tribute 
 on all the rest of the new generation for the use of such 
 natural elements? 
 
 Some people say it is a matter of little consequence as 
 but few people wish to till the soil. I say it is a matter of 
 vital consequence to the welfare of society, and the in- 
 dividual members of society as well, that the community 
 take ITS (not the landlords') land. It is not farm land 
 in particular that is referred to, but ALL land. Every hu- 
 man being must use land in order to live, just as much as 
 water, I am using land as I write this book, and pay 
 tribute (and plenty of it) for the land over which I sit. 
 If that tribute went to the community as a whole it would 
 then cease to be tribute but merely the price to the com- 
 munity for the special privilege to monopolize the use of 
 it. If the actual hona fide owner of the land (the 
 community) grants me such privilege to monopolize the 
 use of it for a consideration, such consideration is only a 
 price, and if the consideration is no more nor no less than 
 others are willing to give for the same privilege, only a fair 
 price. But when a usurper who doesn't own the land any 
 more than I do bleeds me for the value of such special 
 privilege to use the land, and takes from me for HIS OWN" 
 use the value of such privilege it then becomes tribute pure 
 and simple, the same as Algiers used to levy upon American 
 and other commerce about a century ago for the privilege 
 of being allowed to use the Mediterranean Sea until our 
 Commodore Decatur went over there and licked the right 
 
96 The Anabchist Constitution. 
 
 to levy tribute (or sea rent) out of them. Though now 
 a century old, we haven't forgotten our national motto: 
 "Millions for defense, but not one cent for tribute.'' 
 
 It should be clear to the least thoughtful that the 
 natural elements belong to each succeeding generation for 
 life onty, and that the title of the community thereto is 
 inalienable. The use, too, which can neither enhance nor 
 depreciate them, goes with the title for life only, and be- 
 longs, just as inalienably, to the community as a whole. 
 But if there be any who still have any doubts on this sub- 
 ject he should read Henry George's "Progress and Pov- 
 erty." 
 
 Sec. 119. Duties are a mere barrier to the economic 
 production and distribution of wealth, and why a barrier 
 should be placed by ourselves between us and what we 
 want as though we might get too much of what we want 
 is an absurdity I never could understand. But if it is 
 desired to keep foreign produced wealth out of our reach 
 for fear it might hurt us this purpose would be just as 
 well served by simply saying that foreign cargoes must sail 
 one hundred and one times around the world before en- 
 tering the country, or prohibiting importation altogether. 
 Then we could have the pleasure, if pleasure it be, of pro- 
 ducing ourselves what we need of everything we need, as it 
 was said in the first chapter of this book was the custom 
 with John Doe. 
 
 Sec. 121. As none of the people can get away from 
 the necessity of using land as long as they remain on earth, 
 and all the land belongs to the community, there is no 
 limit to the taxing powers of the community under the 
 provisions of this section. The only proper way of leas- 
 ing the community's land is to the highest bidder with a 
 slight preference given to the last tenant to avoid the 
 necessity of frequent and unpleasant changes. I should 
 think it would be highly improper and beneath the impar- 
 tiality and dignity becoming to a state to lease the land out 
 by means of SECRET bids, but this is properly a matter 
 
The Anarchist Constitution. 97 
 
 of local regulation. In case of a change of tenants the 
 new tenant should also be required to buy, and pay a fair 
 price for, all fixed improvements that do not belong to the 
 community. But the regulation of such matters is also 
 properly a local one. 
 
 If the community carries on any very great volume of 
 business it could, with a less percentage of profit than the 
 people are now burdened with, have ample revenue with- 
 out any taxation on leases. Or if it prefers to get its rev- 
 enue, or make good any deficit therein, by taxation on 
 leases the saving to the people by an opportunity to buy 
 what they want without profit would be greater than such 
 taxation could amount to. 
 
 Sec. 122. There is no reason why we should leave the 
 management of our national affairs entirely in the hands 
 of any one man any part of the time when we well know 
 it is not safe to do it all the time. 
 
 Sec. 125. When the Vice-President becomes Presi- 
 dent, the President of the Senate, elected by the Senate, 
 becomes Vice-President of the United States, ex-officio, for 
 the remainder of the unexpired term. 
 
 Sec. 128. The only material advantage of having Con- 
 gress divided into two branches is to have one house a train- 
 ing school for the other, which other is, of course, expected 
 to be composed only of more experienced men. The pres- 
 ent plan of having the terms of only one-third the senators 
 expire at a time would, of course, be continued as apply- 
 ing to Congress as a whole. 
 
 Sec. 133. That is to say an appointment by the legis- 
 lature need not be approved by the Governor, as in the 
 case of a bill. 
 
 Sec. 135. Practically the same as at present, though 
 the President must approve or disapprove a bill. He can 
 not treat it with silent contempt and let it become law in 
 such shameful or neglectful manner. 
 
 Sec. 142. And, as elsewhere provided, the term of 
 office of a representative is not prolonged by being ad- 
 
98 The Anarchist Constitution. 
 
 vanced to a seat in the senate for a part of his term. The 
 only objection there might be to this system is ahnost too 
 slight to be mentioned and greatly overbalanced by the 
 advantages. It is that a considerable majority in the lower 
 house favoring a particular policy might elect to the 
 senate only those favoring such policy and turn a minor- 
 ity in the upper house into a majority there as well. But 
 unless the minority in the upper house was almost equal 
 to a majority, and the majority in the lower house a big 
 one such a policy would wipe out the majority in the lower 
 house ; or, if not quite, the next election, within two years, 
 should if the policy of the majority did not meet with the 
 approval of the people. No system that we, in our present 
 stage of intellectual development, can devise can be abso- 
 lutely perfect, but the weakness in this respect is not great. 
 And the advance of a generation or two in intellectual de- 
 velopment under anarchy would be so great that any pos- 
 sible weakness in this or other respect would then be easily 
 remedied. 
 
 I should think it ought to be the unwritten law of Con- 
 gress, when a vacancy occurs in the senate, to elect as sena- 
 tor a representative who has previously served in the sen- 
 ate, if any such there be, before considering the election 
 of any other. But this is a matter for Congress. 
 
 Sec. 148. And it shall not require a majority of all 
 votes cast. 
 
 Sec. 159. And exclusive power to coin money and 
 regulate its value carries with it power to regulate matters 
 pertaining to circulating medium of exchange in general. 
 The medium of exchange need not be gold and silver. It 
 may be either or both, or neither. It may be a given 
 amount of liquefied air or a promise written on paper 
 to supply at a given place or places a stated amount 
 of unskilled labor or a stated amount of railroad or 
 other transportation. Or it may be merely chunks of alloy 
 metal made by a secret or difficult process which only the 
 federal government is able to produce. Whatever it is. 
 
The Anarchist Constitution. 99 
 
 so far as we are able to judge from present con- 
 ditions, it ought not to be changed often, but I believe 
 there are many things that would be better than gold or 
 silver. However, it is not a matter of greatest importance 
 and we should bear in mind that money in our social rela- 
 tions is only what chips are in a game of poker — mere 
 counters. Not wealth, which it represents. 
 
 Sec. 169. The Postmaster General should not properly 
 be a cabinet officer, but a business manager answerable di- 
 rectly to Congress and to Congress only, or else to Con- 
 gress through the President, with the President, in such 
 cases, acting in the capacity of a general manager for Con- 
 gress, having supervision over such business managers in 
 the first instance, but not ultimately. He (the Postmaster 
 General) is left in the cabinet merely from reluctance to 
 make unnecessary changes. 
 
 Sec. 171. Some people profess to wonder why it w^as 
 McKinley that Czolgosz shot. I do not excuse the act. 
 I admit it was probably wrong, and such acts are a mis- 
 taken policy, I think. It was the desperate act of a man who 
 lacked the knowledge necessary for a proper method of 
 fighting for the rights of man, but who was determined 
 to fight nevertheless. But if a man who knows not how 
 to fight in a proper and effective way for the liberation of 
 his enslaved fellow beings determines to kill (anarchists 
 as such, don^t kill people any more than Christians or Ee- 
 publicans), such as may be most responsible and blame- 
 worthy for the enslaving conditions that exist, what is 
 more natural than that the President should be consid- 
 ered as such? Undoubtedly Czolgosz considered that Mc- 
 Eanley, more than any other one man, was most responsible 
 and blameworthy for the systemized robbery which makes 
 it impossible for 75 per cent of the men under the age of 
 twenty-five years, and perhaps the majority of all men, to 
 marry and lead a moral life. To this extent I agree with 
 him. Some people say to me : "Don't you know that the 
 President of our country, unlike kings, has very little 
 
100 The Anarchist Constitution. 
 
 power, and is unable to change matters ?" I say if I don't 
 know just the contrary I ought to. The veto power is not 
 the only, nor the greatest power that the President can 
 and does wield. Political "influence" — a most powerful 
 factor — and the office of Commander in Chief of the army 
 and navy laid aside, and ignored, the single prerogative 
 and duty of sending to Congress once a year what is 
 termed the President's "message," in which he gives in- 
 formation of the state of affairs in general and recom- 
 mends to the consideration of the Congress such measures 
 as should be considered, is alone greater than the veto 
 power. It is his duty to make a close study of economics 
 and general conditions, and, even if he is held to be too 
 busy a man — which is not the case — to make a thorough 
 study of such subjects, or an officer of too exalted a dignity 
 to consider the misfortunes of the victims of our social 
 injustice, the least thoughtful could not be blind to the 
 causes of the frightful poverty and consequent misery, 
 crime and degradation of the people. A President can 
 not get to be President without being made acquainted 
 with the system by means of which the very life blood is 
 drawn from the people. A study of Blackstone alone 
 will reveal it to the densest intellect, and every lawyer 
 has had to make such a study. A single message from a 
 single President would, if an honest and fearless attempt 
 were made therein to face conditions as they exist, cause 
 such a public commotion and universal demand that Con- 
 gress would be compelled to take radical action. The 
 President, more than any other one man (barring J. Pier- 
 pont Morgan) in the country, could accomplish such results 
 as would reduce the present robbery of the many poor by 
 the few very rich at least by half. And it is his duty more 
 than that of any other one man in the country (not barring 
 anybody this time). 
 
 But again, I repeat, and would like to have it well under- 
 stood as my firm conviction, that, aside from the right and 
 wrong of the thing, I, as well as nearly all other an- 
 
The Anarchist Constitution. lOl 
 
 archists, am strongly opposed to the murder of Presi- 
 dents (and other despots) as a means of obtaining justice. 
 If a dozen successive Presidents were murdered in a single 
 day a thousand would be ready to take the office the next 
 day, and Wall street would name every last one of them! 
 Sec. 172. That is, two years after the adoption of this 
 constitution, and permanently thereafter, no person can 
 ever serve in a supreme court who has not served as ad- 
 viser at least one year without a vote of censure, if there 
 are enough such to draw upon. Could any recommenda- 
 tion be better? 
 
 Sec. 173. The same applies to tne United States 
 supreme court justices, and this does not interfere with the 
 provision regarding officers serving out the term for which 
 they were elected as supreme court justices, have no term 
 of office and are not elected by the people — perhaps not an 
 important requisite in the century before the last when our 
 present constitution was adopted, nor would it be under the 
 Anarchist Constitution, after the end of two years, for 
 the qualification then is a better recommendation than an 
 election. 
 
 Sec. 176. We want no territory added to the United 
 States like the Philippines were. 
 
 Sec. 177. It is the duty of each state to attend to its 
 own trifling alfairs. The present system of calling on the 
 federal troops for the suppression of a little strike is un- 
 called for. 
 
 Sec. 179. In regard to getting rid of our obnoxious 
 corporations, the same old howl about "confiscation" is 
 invariably handed out to us. Once more it should be firmly 
 reiterated that in the Anarchist Constitution there is no 
 such thing known as confiscation. It is, and always has 
 been, the arbitrary power (I do not say right, though it is 
 known to the law as such) of govermnents to recognize 
 or not to recognize such claims of ownership of property 
 as might seem just or unjust, as the case may be, and that 
 under such conditions as the people or their government 
 
102 The Anarchist Constitution. 
 
 see fit to impose. Anarchists neither undertake to enlarge 
 nor diminish this arbitrary power (or right, if you call it 
 such) of government, nor do they even so much as recom- 
 mend that this power be taken advantage of to the detri- 
 ment of those who own stock in corporations or any prop- 
 erty in any other form. They only say that such property 
 shall not be held in such a manner as to be detrimental 
 to the welfare of society, as it always is when in the form 
 of corporation stock. They say that the owners of such 
 property may either sell it to the government or dissolve 
 their corporation and divide up the property among the 
 owners thereof. Their corporation will be dissolved any 
 way by the adoption of this constitution, but this is no 
 assumption of power not before possessed, as every state 
 retains the power to dissolve all corporations it has created. 
 There is no more confiscation about this than there is in 
 taking part of a farm, even though the farmhouse must 
 be demolished or removed, for a railroad, and paying 
 therefor such value as it may be appraised at; which Mr. 
 J. Pierpont Morgan thinks as justifiable as do I the dis- 
 solution of all corporations. 
 
 Seo. 182. Clearly against any confiscation, is it not? 
 Of course, land is not property, and can not be any more 
 than air or water, being one of the natural elements, and 
 just as devoid of any possibility of having any value at- 
 tached to it. Any so-called value of land is clearly the 
 value of its location only or the value of having a commu- 
 nity in close proximity. The location of air may have 
 the same value. Of course, improvements on land, being 
 the product of labor, are property. 
 
 Sec. 184. But in the constitution of each town and 
 city establishing petit courts great care should be taken to 
 safeguard the interests of justice and proper provision 
 made for appeals to the governing body. 
 
 Sec. 185. For instance, if a member of the bail board 
 should, in a trifling case, endorse as his judgment of a 
 proper amount of bail a very large sum, he would be sub- 
 
The Anarchist Constitution. 103 
 
 ject to action by the party aggrieved. And, if any jurorj 
 in a trifling case, should vote for what is clearly and un- 
 questionably a very great fine or very excessive punish- 
 ment, he would likewise be subject to action. But no at- 
 torney should be permitted to harp on this in any attempt 
 to menace the jujy. In fact, it should not be permitted 
 to be mentioned at all, as every juror should be familiar 
 with the constitution, in which case it is not for an attor- 
 ney to remind jurors of such liability. 
 
 Sec. 186. It is not sufficient to merely publish the 
 ostensible object of the legislation. The people are entitled 
 to the full text without its being hidden away in law books 
 where they never will see it. We do not want an infinite 
 amount of legislation that a Philadelphia lawyer could 
 not wade through in a life time. We only want just as 
 much as is absolutely necessary, and no more. Such 
 amount can easily be published in full text in every news- 
 paper throughout the land and never take up as much 
 space in any paper as an ordinary department store now 
 has for an every-day advertisement. 
 
 Secs. 189-191. "Eelease from all marital obligations" 
 and "divorce" are synonymous. 
 
 Sec. 192. Sunday is named as the day for a weekly 
 holiday merely because such is already the prevailing 
 custom. 
 
 Sec. 196. Conferring power of pardon is not for the 
 sake of favoring certain high officials or giving them undue 
 power, though it may seen to some to have such appearance. 
 It is the source of some injustice, I admit, but the benefit 
 should outweigh the evil under the Anarchist Constitution ; 
 though I do not think such has been the case heretofore. 
 The object of the pardoning power is to grant speedy re- 
 lief where a man has been convicted, but it subsequently 
 becomes clearly evident he was unjustly convicted, or 
 future events bring forth evidence which shows he could 
 not have been guilty. In such cases, and they are numer- 
 ous, it may be an easy matter to satisfy a single man and 
 
104 The Anarchist Constitution. 
 
 still be a difficult matter to obtain a new and speedy trial. 
 
 Sec. 198. And of course this includes power to im- 
 peach a justice of the United States supreme court. Nor 
 would the supreme court be able to pass judgment on the 
 case on appeal^ as Congress is above the supreme court in 
 all things except interpretation of legislation, and the 
 judgments of the senate on impeachments are final. 
 
 Sec. 201. But this is only the judgment on impeach- 
 ment. Of course an impeachment shall not take the place 
 of a trial of a complaint against the person impeached. 
 Impeachment is an extrajudicial affair and in no way con- 
 nected with the trial of a complaint to which all persons 
 alike are liable. 
 
 Sec. 203. Justice should be free to the individual at 
 the expense of the community which he helps to support 
 and which holds him to account for his actions. In crim- 
 inal cases especially our present system is most fiendish. 
 A man, more often innocent than guilty, is charged with 
 having committed some crime. The state pays an attorney 
 for the sole purpose of endeavoring to convict every man 
 accused. If he did not exert his best energies to this end 
 his pay would soon cease. If a multi-millionaire (or even 
 a cheap John hundred thousand dollar fellow) is accused 
 the prosecuting attorney is outclassed by an array of legal 
 talent — the best criminal lawyers the world can produce — 
 that simply makes him quake at the knees. His battle is 
 lost before it is begun. But behold the poor man who 
 has some enemy who charges him with crime. Or per- 
 haps it may be only some ambitious officer anxious for 
 promotion who makes the accusation because he can't find 
 any one else to accuse, and knows that policemen are paid 
 to round up people for accusation and wouldn't get paid 
 for it long if they never found any one to accuse. The 
 defendant can employ no attorney that is worth his salt, 
 or perhaps none at all. In the latter case the "court" as- 
 signs him some law student just admitted to tlie bar who 
 has never had a case. Or, at best — yes, I say at best — in a 
 
The Anarchist Constitution. 105 
 
 case of great ^^rominence the court assigns some "talent" 
 of distinction — for the sake of appearance — who knows 
 that in an assigned case court etiquette and proper courtesy 
 to the little tin god called "judge" require him to make no 
 defense; as in the case of Czolgosz, the most disgraceful 
 desertion of a client (from a legal standpoint) in the his- 
 tory of American jurisprudence. In any case a poor man 
 without "influence" or "political pull" is up against it 
 and invariably railroaded through. Here is where the 
 prosecuting attorney shines in all his glory to 
 make up for when he was outclassed by the invincible ar- 
 ray of legal talent in the case of the rich defendant. With 
 diabolical zeal he sets to work to win back his laurels and 
 the defendant knows as much about the procedure, and 
 understands it as well, as did a defendant when trials 
 were all carried on in Latin; as was the case formerly 
 under the old archives of England. One thing he does 
 know. He got the worst of it, though he doesn^t know how^ 
 AND BLAMES IT ONTO THE POOE JURY, never 
 suspecting that, under the present system, ^ial by jury 
 has been made as much of a farce as our present "elec- 
 tions." And much less suspecting that the jury had to 
 render a verdict in accordance, not with the law and the 
 evidence, but in accordance with that part of the law 
 handed out to the jury by the judge as the law applicable 
 to the case. There is such an infinite amount of law that 
 no living man could know what the law is. How then could 
 the jury — common jurors — render a verdict in accordance 
 with the law? They must give their verdict on that part 
 of it that the judge hands out to them. And the judge can 
 find law to hand out on either side of any possible case; 
 on which a verdict must be given pretty much as he wants 
 it if he is at all interested. Was there ever a case that 
 the lawj^ers on both sides could not quote law in support 
 of their contentions? If a lawyer on either side of any 
 case can quote law, in supoprt of his contention, can not 
 the judge do likewise? The defendant thinks that IN" HIS 
 
106 The Anarchist Constitution. 
 
 PAETICULAR CASE he was unfairly treated, little 
 dreaming that every case is a particular case and, in the 
 case of a poor man, a particular case of just about the same 
 kind. It's useless for him to make any complaint. No 
 one will listen to him, for was he not convicted by "a jury 
 of his peers"? And, while every man after the particular 
 case strikes him thinks it is an outrage, and wonders why 
 people tolerate such outrage, before that time he has 
 troubles of his own when some one else is the victim. 
 
 I say a man is entitled to FEEE justice (which involves 
 first-class legal services in his defense at least equal to the 
 talent opposed to him), as much as to free police protec- 
 tion. And every attorney should be expected to take every 
 case of such kind which comes to him, if possible, as much 
 as a physician medical cases. 
 
 Sec. 204. There are proprietary remedies, no doubt, 
 which are a blessing to humanity, but I believe there are 
 a great many more that are poisons in disguise and a curse 
 to humanity. And the people who have occasion to buy 
 such remedies can not tell the one from the other. People 
 are as much entitled to protection against poison in the 
 guise of medicine as against poisoned food, and the com- 
 munity should stamp its approval or disapproval on every 
 medical concoction designed for indiscriminate sale. The 
 town or city where it is put up should investigate it and 
 approve or disapprove of it. The state and nation should 
 do likewise upon request. 
 
 Sec. 205. This section is not for the purpose of deny- 
 ing to others the same improved social conditions we desire 
 for ourselves, but is merely a NECESSARY precaution 
 against possible miscarriage of the reforms which are of 
 vital consequence to us. Future generations will probably 
 remove the restrictions, somewhat arbitrary, but necessary 
 in this generation. 
 
 Sec. 212. This does not proliibit the employment of 
 such as are necessary to carry on any Ijusiness undertaken 
 
The Anarchist Constitution. 107 
 
 but only superfluous officers or employes or those not 
 superfluous at more than a fair remuneration for services. 
 
 The second paragraph is, I think, wholly unnecessary and 
 a mere overabundance of caution. If, however, there should 
 be any difficulty for a man to get an opportunity to labor 
 otherwise under anarchy, this provision would certainly 
 insure him in an}^ event an opportunity to labor for from 
 one-third less than to one-half more than jury pay. But 
 the object is not to force people to farm work upon state 
 farms, but only to provide opportunity for them to work 
 thereon when they have not other opportunities which they 
 prefer, and, therefore, the state government should not be 
 allowed by the people to refuse to lease its tillable soil 
 to the highest bidders for the use of the same. 
 
 Sec. 213. This applies equally to public and private 
 work. This regulation is necessary i^rincipally because, 
 even with our present development of co-operative produc- 
 tion on a large scale, a man must generally work the same 
 hours as do his fellow men, or have but very few lines of in- 
 dustry open to him. Would a mill or factory running ten 
 hours a day want to be bothered with a man, such as an 
 engineer or machine tender for instance, who could or 
 would work only a less number of hours? Eight hours a 
 day is long enough for any man to work and, in my opin- 
 ion, at least twice as long as there is any necessity for men 
 to work. It is my firm conviction that under a socialistic 
 form of government, which will follow — but can not pre- 
 cede — anarchy as naturally as a duck follows its nose to 
 water, all able men (no women or children) working two 
 or three hours a day would produce more than is pro- 
 duced at the present time and all would receive, approx- 
 imately, their just share of the wealth produced — not a 
 thousand dollars a day to one man who produces nothing 
 and one or two dollars a day to the man who produces from 
 ten to fifty. 
 
 Sec. 222. The first sentence on the first page of the 
 
108 The ilNARCHisT Constitution. 
 
 first book of the first great American lawyer's "Com- 
 mentaries" (Kent) is as follows: 
 
 "When the United States ceased to be a part of the Brit- 
 ish empire and assumed the character of an independent 
 nation, they became subject to that system of rules which 
 reason, morality and custom had established among the 
 civilized nations of Europe as their public law." 
 
 The very essence of anarchy is rebellion against being 
 governed, not by reason, but by the laws and customs of our 
 ancient ancestors. 
 
 Though the country is young compared with the one 
 whose laws have been saddled upon us, we have an infinity 
 of statutes in force on our statute books to-day that no sane 
 man would vote to re-enact. I shall only here cite the law 
 of the United States regarding that arm of defense known 
 as the "militia of the United States," which was enacted 
 on the 8th day of May, 1792, and amended the 2d day of 
 March, 1803, which is now the law of the United States 
 and which will show how ridiculous it is to allow law once 
 enacted to be forever in force, though sometimes it is too 
 serious to be ridiculous. 
 
 The following is the exact wording of our ancient law 
 as it is solemnly reproduced in the latest copy of the Ee- 
 vised Statutes of the United States: 
 
 Section 1625. Every able-bodied male citizen of the 
 respective states, resident therein, w^ho is the age of eigh- 
 teen years, and under the age of forty-five, shall be en- 
 rolled in the militia. 
 
 "Section 1626. It shall be the duty of every captain 
 or commanding officer of a company to enroll every such 
 citizen residing within the bounds of his company, and all 
 those who may from time to time arrive at the age of 
 eighteen years, or who being of the age of eighteen years 
 and under the age of forty-five years, come to reside within 
 his bounds. 
 
 "Section 1G27. Each captain or commanding officer 
 shall, without delay, notify every such citizen of his en- 
 
The Anarchist Constitution. 109 
 
 rollnient, by a proper non-commissioned officer of his 
 company, who may prove the notice. And any notice or 
 warning to a citizen enrolled to attend a company, bat- 
 talion or regimental muster, which is according to the 
 laws of the state in which it is given for that purpose, 
 shall be deemed a legal notice of his enrollment. 
 
 "Section 1628. Every citizen shall, after notice of his 
 enrollment, be constantly provided with a good musket or 
 firelock of a bore sufficient for balls of the eighteenth 
 part of a pound, a sufficient bayonet and belt, two spare 
 flints and a knapsack, a pouch with a box therein to con- 
 tain not less than twenty-four cartridges, suited to the 
 bore of his musket or firelock, each cartridge to contain 
 a proper quantity of powder and ball; or with a good 
 rifle, knapsack, shot pouch and powder horn, twenty balls 
 suited to the bore of his rifle, and a quarter of a pound of 
 powder; and shall appear so armed when called out to 
 exercise or into service, except that when called out on 
 company days to exercise only, he may appear without a 
 knapsack. And all arms, ammunition and accoutrements 
 so provided and required shall be held exempted from all 
 suits, distresses, executions or sales for debt or for the pay- 
 ment of taxes. Each commissioned officer shall be armed 
 with a sword or hanger and spontoon." 
 
 For the explanation of what a spontoon is, write to 
 Theodore Eoosevelt, Washington, D. C, as he is not only 
 something of a military authority, but has sworn an oath 
 to execute this law, which he could hardly do without un- 
 derstanding it. 
 
 Sec. 233. A majority of the people is sufficient to put 
 into force a new social compact. While any number of peo- 
 ple less than a majority ought not to impose upon the peo- 
 ple a new social compact, the proportion of the people 
 whose consent is to be requisite to put it in force must 
 necessarily be arbitrary, whether it be 51 per cent or 99 
 per cent. Given the power to put it into force, it must 
 necessarily depend wholly upon the inherent sense of jus- 
 
110 The Anarchist Constitution. 
 
 tice in those who propose to exercise that power. It is 
 different with a state which owes allegiance to a higher 
 power — a nation — and is subject to the compact already in 
 force in such nation, in which that compact must deter- 
 mine as to such state. So, too, with a town or city owing 
 allegiance to a higher, or governing, power, or to a social 
 compact to which the proposed local compact as to such 
 town or city is tributary. But a nation owes no allegiance. 
 It recognizes no higher power on earth or any allegiance 
 to a compact which it wishes to repudiate. A former 
 generation — of the century before the last — can not say to 
 a distant successor that it must retain the compact of an- 
 cestors. It can not say to a generation to follow more than 
 a century later either that 51 per cent, 66 per cent or 99 
 per cent of such future generation shall comply with par- 
 ticular requirements laid down by ancient generations in 
 order to adopt a compact of its own. The very idea of an- 
 archy is that the present generation is perfectly competent 
 to legislate for itself. True, the old compact could pro- 
 vide on what conditions THAT compact could be patched. 
 It could, and did, provide that the consent of three-fourths 
 of the states (whether 1 per cent or 99 per cent of the peo- 
 ple) should be the necessary requirement in order to amend 
 the compact in accordance with THAT compact, or rather 
 (more properly speaking), that amendment or patch to 
 the old compact of thousands of ages ago. So, too, does 
 the Anarchist Constitution provide that certain require- 
 ments shall be necessary for amendments thereto in accord- 
 ance therewith. But there is no power on earth, nor any 
 regulation, to say to us, we must comply with certain re- 
 quirements to adopt a new compact if the old one is re- 
 pudiated. Therefore, owing to the extreme urgency of the 
 case and lack of any other guide, as well as to the fact that 
 a majority of all the votes would be more than those cast 
 for all other issues and political parties combined, the 
 smallest proportion of the people compatible with justice 
 and right has been named as the pro])ortion whose consent 
 
The Anarchist Constitution. Ill 
 
 is necessary to put the new, the Anarchist, Constitution in 
 force. 
 
 Sec. 225. "All men are created equal and endowed by 
 their Creator with certain inalienable rights. To secure 
 these rights, governments are instituted among men, deriv- 
 ing their just powers from the consent of the governed, 
 and whenever any form of government becomes destructive 
 of these ends it is the right of the people to alter or to 
 abolish it.'^ 
 
 Thus speaks the American Declaration of Independence, 
 upon which our government is supposed (in theory) to be 
 based. The most anarchistic statements I have ever made 
 have been simple quotations from this same Declaration of 
 Independence. I believe, as did my revolutionary ances- 
 tors, in the century before the last, that Just powers of gov- 
 ernment can be acquired only from the consent of the 
 governed. And, therefore, granting that the people of the 
 United States gave their consent to the adoption of the 
 United States CDnstitution a little over a century ago 
 (which at best can only be said to have been done by agents 
 and never ratified by the people), how can the present gov- 
 ernment of the present generation be justified in any way ? 
 If just powers of government can be acquired only by the 
 consent of the governed and the present generation is gov- 
 erned by a government deriving its sole authority from a 
 constitution the adoption of which may have been con- 
 sented to by our ancestors (or their agents), how can 
 the government of the present generation be justified when 
 their consent has not been obtained ? I have never had an 
 opportunity to give or deny my consent to the government 
 which denies me the right to be on earth without paying 
 tribute for the privilege to some fortunate individual who 
 claims to own the land. I was born in subjection to this 
 government, and, without being asked for my consent, 
 have been held in subjection to it all my life by organized 
 violence unauthorized by the consent of the people. 
 
 Granting that our ancestors gave their consent to such 
 
112 The Anarchist Constitution. 
 
 a government^ which may have been less of an evil to them 
 than the oppression and tyranny they had previously been 
 subjected to and one that they were willing to submit 
 to in their weakened condition after a long fight, as the 
 less of two evils, that can no more justify the government 
 of us of to-day than could the consent of George Wash- 
 ington's ancient ancestors justify England's oppressive 
 government of George Washington and his associates. 
 
 If we must have a government of the present generation, 
 let us at least have a government that the present genera- 
 tion, or at least some considerable portion of it, is willing 
 to consent to. 
 
 But, in submitting this new proposed constitution for 
 approval or rejection by the American people, I wish to 
 call attention to the fact that partisans of the old archives 
 always assert that anarchists prefer to use bullets rather 
 than arguments. 
 
 It may be their honest opinion that such is the case, 
 though it seems hardly credible. 
 
 Anarchists prefer arguments and reason above all other 
 things, and I am, therefore, ready and willing, at all times, 
 to meet all comers in debate on the Anarchist Constitution. 
 I have never had the good fortune to meet a partisan of the 
 old archives who is willing to debate with an anarchist, 
 but if any such there be within the bounds of the United 
 States I shall be happy to meet him on any platform. 
 When called upon to take part in such debate, whenever or 
 wherever it may be, I shall not be otherwise engaged. 
 
 I am well aware of the fact that this social compact is 
 not perfect and I am well aware of the fact that, like John 
 Doe's pants, it will wear out. It may wear out quicker 
 than did that beautiful patch known as the United States 
 Constitution of 1789. But, like pants, a new compact is 
 better with a patch or two, than one that has been noth- 
 ing but patches for thousands of ages. And, while it may 
 be shown that it will wear a little hole in itself and need 
 
The Anarchist Constitution. 113 
 
 a patch or two before many years roll by, my only conten- 
 tion is that, from every standpoint and consideration, and 
 in every respect, it will be a better compact than the mass 
 of patches we now have in lieu of compact. If I can not 
 sustain this contention in the face of all who may attack 
 it I shall acknowledge myself mistaken, though I admit 
 that it can not at once cure all the defects of our abnormal 
 and unjust social condition. But again, if I may repeat it, 
 I assert my ability to show that, in any case and from any 
 standpoint, it is far superior (though not perfect) to our 
 present patched up social compact. 
 
CHAPTEE VL 
 
 SIDE LIGHTS ON THE ARCHIVES^ 
 
 OR 
 
 THE BIRTH OF ANARCHY. 
 
 England was said to have a free constitution. England 
 was said to have an unwritten constitution. If it were 
 true, would it not have been precisely the very thing that 
 the old anarchists of England clamored for? Of course it 
 was not true, and of course England never had the sem- 
 blance of a free constitution, and, I regret to say, we in 
 America to-day are not much, though a little, better off 
 in this respect than they were. 
 
 They were said to have an unwritten constitution, and 
 it seems to have been taken for granted that it was true, 
 merely because it was so easy to say: "If we have a 
 written constitution, produce it." Yes, produce it. A 
 present day American freight train could not have carried 
 it. But the evidence of what that constitution was, and 
 the only evidence allowable was, the court records of pre- 
 vious decisions and the commentaries of lawyers on what 
 it should be which constituted in their theory only the 
 evidence of what that unwritten constitution was; in my 
 theory, the constitution itself as much as the written copy 
 of our constitution is the constitution itself. It was known 
 as the common law. It was, according to my theory, writ- 
 ten. But the way it was written! Part of it was Latin. 
 Part of it was "law Latin," with a little Greek thrown in 
 for seasoning. Part of it was French. Part of it was 
 "law French." Part of it was English. A considerable 
 part of it was only a conglomeration of all these. And 
 people were expected to conform to it ! Is it any wonder 
 some anarchists said the only law we know is the moral 
 
The Anarchist Constitution. 115 
 
 law? They certainly couldn^t know the common law, in 
 conformity with which they were expected to comport 
 themselves. Even Blackstone, probably the most famous 
 lawyer who ever lived, did not, and could not, know that. 
 For he frequently expressed his own doubt in his own com- 
 mentaries as to what the law was. There were many 
 things, however, which were not doubtful. If a man's 
 wife or baby needed food which he was, owing to the mon- 
 strous form of government he was born in subjection to. 
 unable to provide and he stole fifty cents from a man who 
 had untold wealth that he never produced, or he stole its 
 value in food, there was then no doubt as to the law on the 
 subject. It was felony. The penalty for felony was death. 
 It was THE LAW. The doubt came in principally where 
 rich men's property was involved. Not that there was any 
 doubt that practically all of the wealth produced by the 
 poor men should go to the rich who produced none. Oh. 
 no ! It was beneath the dignity of those who were not poor 
 to produce wealth, and they certainly had to live — and live 
 high. There was no doubt there. The doubt was in regard 
 to the distribution of the spoils wrung from the poor and 
 whether or not a man was of a sufficiently exalted birth and 
 prestige with the push to exempt him from punishment 
 for doing as he pleased, or what he was driven or provoked 
 into doing. 
 
 There was one thing, though, that the rich complained 
 of. Of course it was necessary for them to monopolize all 
 knowledge of the law. That was a foregone conclusion, 
 for it wouldn't be law long if the many knew what it was 
 like. But it took work to get that knowledge. It was not 
 only infinite in amount, but so tangled up and scattered 
 that there was no way of taking up an intelligent and 
 systematic study of it. There was no starting point — no 
 beginning — no ending — no course. About the year 1760 
 Sir William Blackstone, the most prominent legal light 
 of his day, took up the work of writing up a history of the 
 laws of England. Of course he could find no starting 
 
116 The Anarchist Constitution. 
 
 point, as any anarchist could have told him he wouldn't, 
 because the starting point for the only social compact the 
 world has ever known was thousands of ages ago; long 
 before there was any such thing as writing ever known. 
 So in his history of the laws of England, instead of be- 
 ginning at the beginning and coming down to the present, 
 as histories are supposed to do, he commented. His com- 
 ments frequently slipped back a couple of thousand years 
 — a mere trifle apparently to a social compact — and car- 
 ried him over to Eome and even frequently to Greece. And 
 when I say frequently I mean FEEQUENTLY. Occa- 
 sionally he would wander back three or four thousand 
 3^ears and pick up his starting point again from Abraham 
 and his progenitors. He decided not to call it a history 
 of the laws of England, because such was an impossibility. 
 He called it the "Commentaries on the Laws of Eng- 
 land," though the "Defense of the Laws of England'' 
 would have been a more appropriate name 'J 'here wore 
 four books, in about 1800 pages, of his comments. The 
 first book appeared in November, 1765, and the other three 
 books in the course of the four succeeding years. As this 
 is the nearest approach that we have to an expose of the 
 nature of the world's social compact (it hardly touches 
 on it because it is only 1800 pages not twice as big as the 
 pages of this book) it has been the starting point for a 
 study of the social compact ever since (in America as well 
 as England, of course). 
 
 In running through this work of Blackstone's, a few 
 notes have been jotted down merely as samples here and 
 there to show what John Doe's pants were like in Black- 
 stone's day and a short time previous. 
 
 The frightful monstrosities and the bulk of those (not 
 all) which have not yet been amended out of it are gen- 
 erally covered up in long dissertations (and combinations) 
 not understandable l)y the average man and could not be 
 presented, nor merely touched upon, in a single volume 
 five times the size of this little work, but here and there 
 
The Anarchist Constitution. H7 
 
 through Blackstone's Commentaries are little detached 
 samples sufficiently free from languages foreign to Eng- 
 lish and sufficiently free from their dependence on other 
 parts of the comments that they can be quoted, and under- 
 stood by the average reader. 
 
 In presenting these quotations from Blackstone, I pre- 
 sent also with some of them a few brief comments of my 
 own in parenthesis. Everything not in parenthesis is 
 quoted verbatim from his Commentaries, or expose of the 
 laws of England, which, aside from the patches. 
 are our own laws of to-day — a part of the 
 world's social compact. Of course Blackstone also occa- 
 sionally made remarks in parenthesis, but this will not 
 cause any confusion as to which were his remarks of that 
 kind and which mine, as they are so radically different in 
 character as not to be confounded one with the other. For 
 instance, if he refers to God's providence, it should be 
 self-evident to the least discriminating that such is his 
 own remark, even though it be in parenthesis, for it would 
 be remarkable indeed to hear an anarchist prate about 
 God's providence. It would more likely be termed God's 
 improvidence, if it came from an anarchist source. And. 
 if I may be permitted the indication of conceit, where an 
 absurd excuse is made it is characteristic of Blackstone, 
 who, though a prominent lawyer, is admitted by our own 
 lawyers of to-day to have been as narrow-minded and 
 bigoted a writer as the world ever produced. His principal 
 virtue as a commentator lay in the fact that, while not as 
 comprehensive as might have been, his commentaries were 
 the most comprehensive expose of the laws of England (for 
 lawyers only) ever put in print ; with the additional virtue 
 that they were an honest expose of those laws by the most 
 enthusiastic partisan they ever had. 
 
 Those who think that an infinite amount of law on every 
 phase of human action is essential to the welfare of society 
 should notice how Blackstone thought the same thing 
 to a far greater extent in regard to things which we of 
 
118 The Anarchist Constitution. 
 
 to-day would not tolerate an}^ laws at all for their regula- 
 tion. That is^ how he felt that law was absolutely neces- 
 sary where to-day we have ABSOLUTE anarchy or lack of 
 (written) law. True, I stated in a foregoing chapter that 
 anarchy does not exist, and never has existed, yet, not- 
 withstanding, we have anarchy to a limited (entirely too 
 limited to satisfy any anarchist) extent on some subjects 
 the same as we have had, and have to-day, free trade to a 
 limited extent, or as regards some articles, though we have 
 not, and never have had, free trade. And if Blackstone 
 could wake up in his grave for one moment and realize 
 our ABSOLUTE anarchy (or lack of "law") on the sub- 
 jects of religion, common scolds, gypsies, duties on ex- 
 ports (but not imports), harboring vagrants (but not 
 vagrancy), witchcraft and sorcery, harboring strangers; 
 luxury and extravagant expenses in dress, diet and the 
 like ; those that be "not of good fame," standing mute, and 
 COERUPTION OF BLOOD, together with our semi- 
 anarchy on the subject of debt, as well as the anarchy we 
 enjoyed prior to the assassination of McKinley, which was 
 termed liberty of speech and freedom of the press, but 
 which has (unfortunately) since become license; he would 
 hold up his hands in holy horror at the idea of living in 
 an age of such anarchy (the bare mention of the word 
 gave him the nightmare) and be well satisfied to sink back 
 again to that long untroubled "sleep that knows no awak- 
 ening." 
 
 We have had a taste of anarchy and like it. We want 
 more. 
 
 In making these quotations, they are taken from Chitty's 
 edition, and references are to pages. 
 
 BOOK L 
 
 P. 42. Equity, thus depending, essentially, upon the 
 particular circumstances of each individual case, there can 
 be no established rules and fixed precepts of equity laid 
 down, wUliout destroying its very essence. And, on the 
 
The Anarchist Constitution. 119 
 
 other hand, the liberty of considering all cases in an 
 equitable light must not be indulged too far, LEST 
 THEEEBY WE DESTROY ALL LAW. And law 
 without equity, though hard and disagreeable (you bet it 
 is) IS MUCH MOEE DESIEABLE for the public good 
 (he meant by the public good the welfare of the lawyers) 
 than equity without law (but, notwiihstanding, there are 
 some of us anarchists who have gotten tired of so much 
 law and little equity and would prefer the equity to the 
 law, strange as it may seem). 
 
 P. 148. Lands are not naturally descendible any more 
 than thrones ; but the law has thought (the law has another 
 think coming), for the benefit and peace of the public, to 
 establish hereditary succession in the one as well as the 
 other (we have wiped out the one — ^the less oppressive 
 of the two — why not wipe out the other?). 
 
 BOOK II. 
 
 P. 271. And, thus, by this strict construction of the 
 courts of law a statute made upon great deliberation, and 
 introduced in the most solemn inanner, has had little other 
 effect than to make a slight alteration in the formal words 
 of a conveyance (it changed the word use to the word 
 trust, both meaning the same. Its only other effect was to 
 give lawyers the chance to sell the important information 
 that the word trust in law would mean the same as the 
 word use and would avoid the penalty attached to the 
 insertion of the word use). 
 
 P. 273. Which also occasioned them to be overlooked in 
 framing the statute of uses; and therefore such bargains 
 and sales are not directed to be enrolled. But how IM- 
 POSSIBLE is it to foresee, and provide against all the 
 consequences of innovations ! 
 
 P. 399. And at the third meeting at farthest, which 
 must be on the forty-second day after the advertisement 
 in the Gazette, the bankrupt upon notice, also personally 
 served upon him, or left at his usual place of abode, must 
 
120 The Anarchist Constitution. 
 
 surrender himself jDersonally to the commissioners; which 
 surrender (if voluntar}^) protects him from all arrests 
 till his final examination is passed; and he must thence- 
 forth in all respects conform to all the directions of the 
 statutes of bankruptcy; or, in default of either surrender 
 or conformity, shall be guilty of felony without benefit 
 of clergy (we also have anarchy or lack of "law" on the 
 subject of exemptions for the clergy. They and almost 
 every person — except the poor — whose aunt's cousin's 
 brother-in-law was a distant relative of a priest, clergy- 
 man later on, or any one who could read, were exempt 
 from the law) and shall suffer death, and his goods and 
 estate shall be distributed among his creditors (they 
 couldn't just take his goods and let it go at that). In case 
 the bankrupt absconds, OE IS LIKELY TO EUIST AWAY, 
 between the time of the commission issued (which was on 
 request of one creditor) and the last day of surrender, he 
 may by warrant from any judge or justice of the peace 
 be apprehended and committed to the county jail, in order 
 to be forthcoming to the commissioners ; who are also em- 
 powered immediately to grant a warrant for seizing his 
 goods and papers. The bankrupt upon this examination, is 
 bound upon pain of death to make a full discovery of all his 
 estate and effects, as well in expectancy, and how he has dis- 
 posed of the same ; together with all books and writings re- 
 lating thereto ; and is to deliver up all in his own power to 
 the commissioners ; or, in case he conceals or embezzles any 
 effects to the amount of £20, or withholds any books or 
 writings, with the intent to defraud his creditors (intent 
 was presumed until PEOVEN otherwise, as it is to this 
 day) he shall be guilty of felony without benefit of clergy; 
 and his goods and estate shall be divided among his cred- 
 itors. And, unless it shall appear that his inability to pay 
 his debts arose from some CASUAL loss (lack of business 
 generally for a considerable time or unusual expenses 
 from family sickness was no excuse) he may upon convic- 
 tion by indictment of such gross misconduct and NEG-LI- 
 
The Anarchist Constitution. 121 
 
 GENCE be set upon the pillory for two hours (we still 
 have the pillory and whipping post in Delaware), and have 
 one of his ears nailed to the same and cut off (presumably 
 to pay his debts with). Also, to prevent the too common 
 practice of frequent and fraudulent OR CARELESS 
 breaking, a mark is set upon such as have been once cleared 
 by a commission of bankrupt. 
 
 BOOK III. 
 
 P. 8. But generally whatever goods and chattels the 
 landlord finds upon the premises, whether they in fact be- 
 long to a stranger, are distrainable by him for rent; for. 
 otherwise, a door would be open to infinite frauds upon the 
 landlord (they always took good care of the landlords, 
 whether a door was open to infinite frauds on others or 
 not) ; and the stranger has his remedy over by action on 
 the case against the tenant (a beautiful remedy), if by the 
 tenant's default the chattels are distrained so that he can 
 not render them when called upon. With regard to a 
 stranger's beasts which are found on the tenant's land, the 
 following distinctions are, however, taken. If they are 
 put in by consent of the owner (as if the owner knew 
 whether the tenant had paid his rent or not) of the beasts, 
 they are distrainable immediately afterward for rent ar- 
 rears by the landlord. 
 
 P. 24. These (attorneys of precedence) rank promiscu- 
 ously with the king's counsel and sit with the bar of the re- 
 spective courts; but receive no salaries, and are not sworn; 
 and, therefore, are at liberty to be retained in causes against 
 the crown. And all other Serjeants and barristers indis- 
 criminately may take upon them the protection and de- 
 fense of any suitors, whether plaintiff or defendant; who 
 are, therefore, called their clients, like the dependents upon 
 the ancient Roman orators. Those, indeed, practised 
 gratis for honor merely, or, at most, for the sake of gaining 
 influence; and so likewise it is established with us that a 
 
122 The Anarchist Constitutiox. 
 
 counsel can maintain no action for his fees, which are 
 given, not as a salary or hire, but as a mere gratuity, which 
 a counsellor cannot demand without doing wrong to his 
 reputation (how many legal reputations would there be 
 in this country if it had not been patched?). 
 
 P. 49. If the rigor of general rules does in any case 
 bear hard (if) upon individuals, courts of equity are open 
 to supply (in theory) the defects, b*it not sap the funda- 
 mentals (that is not give any relief except what you can 
 get without them in a court of law) of the law (and only 
 then by expending a fortune). 
 
 P. 50. For this purpose, the bishop of the diocese and 
 the alderman, or in his absence the sheriff of the county, 
 used to sit together in the county court and had there the 
 cognizance of all causes, as well ecclesiastical (we now 
 have absolute anarchy in regard to ecclesiastical causes) 
 as civil: a superior deference being paid to the bishop^s 
 opinion (how much do we care for a bishop's opinion in 
 a court today?) in spiritual matters (for which we have 
 neither laws nor courts to-day), and to that of the lay 
 judges in temporal. This union of power was very ad- 
 vantageous to them both (as though all consideration was 
 for the court and none for those haled before it) ; the 
 presence of the bishop added weight and reverence (our 
 courts have a plentiful sufficiency of weight and rever- 
 ence) to the sheriff's proceedings (they generally needed 
 it, especially the reverence) ; and the authority of the sher- 
 iff was equally useful (we don't doubt it) to the bishop, 
 by enforcing obedience to his decrees in such refractory 
 offenders as would otherwise have despised (and did any 
 way) the thunder (a good nomer) of mere ecclesiastical 
 censures (that's the way they used to hammer the super- 
 stition into them). 
 
 P. 295. And it seems the height of judicial absurdity 
 that in the same cause (here we agree with him) between 
 the same parties in the examination of the same facts, a 
 discovery by the oaths of the parties should be permitted 
 
The Anarchist Constitution. 123 
 
 on one side of Westminster Hall, and denied on the other : 
 or that the judges of one and the same court should be 
 bound by law to reject such a species of evidence, if at- 
 tempted on a trial at bar, but, when sitting the next day 
 as a court of equity should be obliged to hear such examin- 
 ation read, and to found their decrees upon it. In short 
 within the same country, governed by the same laws, such 
 a mode of inquiry should be universally admitted, or 
 else universally rejected (what, make the same rules apply 
 to the rich and poor alike !). 
 
 P. 317. The precedents then set were afterwards most 
 religiously followed to the great obstruction of justice, 
 and ruin of the suitors (poor suitors) : who have formerly 
 suffered as much by this scrupulous obstinacy (there could 
 be no scrupulous obstinacy in an anarchist court) and lit- 
 eral strictness of the courts as they could have done even 
 by their iniquity. After verdicts and judgments upon the 
 merits, they were frequently reversed for slips of the pen 
 or mis-spellings; and justice was perpetually entangled 
 (as she is to this day) in a net of mere technical jargon. 
 
 P. 337. * * the distinguishing between a mortgage 
 at 5 per cent with a clause of a reduction to 4 per cent 
 if the interest be regularly paid, and a mortgage at 4 
 per cent with a clause of enlargement to 5 per cent if the 
 pa3rment of the interest be deferred; so that the former 
 shall be deemed a conscientious, the latter an unrighteous 
 bargain : all these and other cases that might be instanced, 
 are plainly rules of positive law (Blackstone sometimes 
 distinguished between the moral law, and the crooked in- 
 terpretations of the moral law by calling the moral law 
 natural law and the crooked interpretations positive 
 law) ; supported only by the reverence that is 
 shown, and generally very (im) properly shown, to 
 a series of former determinations (as though our 
 ancestors knew better than ourselves how to gov- 
 ern us) ; that the rule of property may be uniform and 
 steady (well, we have it uniform and steady enough 
 
124 The Anarchist Constitution. 
 
 now). Nay, sometimes a precedent is so strictly followed 
 that a particular judgment, founded upon particular cir- 
 cumstances, gives rise to the general rule (henceforth called 
 "law.'' That's what anarchists are opposed to.) In 
 short, if a court of equity in England did really act, as 
 many ingenious writers (and many fools who depended 
 on it for justice) have supposed it to do, it would rise 
 above all law, either common or statute (as all equity cer- 
 tainly should) and be a most arbitrary (he meant dis- 
 criminating) legislator in every particular case. 
 
 BOOK IV. 
 
 P. 20. In inferior misdemeanors also w^e may remark 
 another exception; that a wife may be indicted and set 
 in the pillory with her husband for keeping a brothel ; for 
 this is an offense touching the domestic economy or gov- 
 ernment of the house in which the wife has a principal 
 share (just as clear as mud). 
 
 P. 21. There is yet another case of necessity, which 
 has occasioned great speculation among the writers upon 
 general law ; viz. : whether a man in want of food or cloth- 
 ing may justify stealing either, to relieve his present ne- 
 cessities. And this both Grotius and Puffendorf, together 
 with many others of the foreign jurists, hold in the af- 
 firmative (but they never got it into law) ; maintaining by 
 many ingenious, humane and plausible reasons that in 
 such cases the community of goods by a kind of tacit con- 
 fession of society is revived. And some, even, of our 
 own lawyers have held the same, though it seems to be 
 an unwarranted doctrine, borrowed from the notions of 
 some civilians: at least it is now antiquated, the law of 
 England admitting no such excuse at present. And this, 
 its doctrine, is agreeable, not only to the sentiments of 
 many of the wisest ancients (our models ever), particular- 
 ly Cicero, who holds that * * (we'll leave out a few 
 pages more or less of latin) but also to the Jewish law 
 (the principal virtue of which is its antiquity) as certi- 
 
The Anarchist Constitution. 125 
 
 fied by king Solomon himself : "If a thief steal to satisfy 
 his soul when he is hnngr}^;, he shall restore seven fold 
 (how easy) ; and shall give all the substance of his house/' 
 which was the ordinary punishment for theft in that king- 
 dom. And this is founded upon the highest reason: for 
 men's properties (always of greater consideration than 
 life if it belonged to the rich) would be under a strange 
 insecurity (the insecurity of a hungry life being of slight 
 consequence in comparison) if liable to be invaded accord- 
 ing to the wants (and anguish) of others (and their wives 
 and babies) of which wants no (jury) man can possibly be 
 an adequate judge (to the satisfaction of the miserly and 
 cruel rich);, but the party himself who pleads them. In 
 this country especially, there would be a peculiar impro- 
 priety in admitting so dubious an excuse; for by our laws 
 such sufficient ( !) provision is made for the poor (who 
 produce all the wealth) by the power of the civil magis- 
 trate, that it is impossible ( !) that the most needy strang- 
 er should ever be reduced to the necessity of thieving to 
 support nature (sounds nice but, whether it was true in 
 England or not, it certainly is not true of the United 
 States to-day). * * 
 
 I mean the case of the king ; who by virtue of his royal 
 prerogative (a beautiful thing), is not under the co-ercive 
 power of the law; which will not suppose him capable 
 (though it knows he is) of committing a folly, much less 
 a crime (Oh, no). 
 
 P. 33. The legislature hath indeed thought it proper 
 that the civil magistrate should again interpose, with re- 
 gard to one species of heresy (or the crime of thinking), 
 very prevalent in modern times; for by Statute 9 and 10 
 W. Ill, c. 32, if any person educated in the Christian re- 
 ligion (or latest amendments to the soul directions) or 
 professing the same shall by writing, printing, teaching 
 or advised speaking (whatever advised speaking is I don't 
 know and he didn't either) deny any one of the persons 
 of the holy trinity (though they are only one) to be God 
 
126 The Anarchist Constitution. 
 
 (a collective party composed of three but only amounting to 
 one whole God) or maintain that there are more Gods than 
 one (I'd rather go where there are lots of gods than where 
 there is only one if I had any choice), he shall undergo the 
 same penalties (three years' imprisonment) and incapaci- 
 ties which were just now mentioned to be inflicted on 
 apostacy (changing your opinion of this wonderful god. 
 formerly called Eichard Eoe) by the same statute (not 
 repealed till 53 Geo. Ill, after our revolutionary war) . 
 
 P. 35. Non-conformity to the worship of the church 
 is the other, or negative, branch of this offense. And 
 for this there is much more to be pleaded than for the 
 former; being a matter of private conscience (but a crime 
 nevertheless), to the scruples of which our present laws 
 have shown a very just and Christian indulgence (noble 
 magnanimity). For undoubtedly all persecution and op- 
 pression of weak consciences on the score of religious per- 
 suasions, are highly unjustifiable upon every principle of 
 natural reason, civil liberty or sound religion (I never could 
 distinguish the difference between sound and unsound re- 
 ligion myself). But care must be taken not to carry this 
 indulgence into such extremes as may endanger the nation- 
 al church (a precious arm of the government) : there is 
 always a difference to be made between toleration and es- 
 tablishment (something like our newly found difference 
 between liberty of speech and license). 
 
 Non-conformists are of two sorts: first, such as absent 
 themselves from divine worship (a truly monstrous crime) 
 in the established church through total irreligion and at- 
 tend the service of no other persuasion. These by the 
 statutes of I Eliz. c. 2, 23 Eliz. c. 1, and 3 Jas. I, c. 4, 
 forfeit one shilling to the poor (crumbs for the poor make 
 a good excuse) every lord's day they so absent themselves, 
 and £20 (four hundred times one shilling) to the king 
 (no crumbs this time) if they continue such default for 
 a month together. And if tliey keep any inmate, thus ir- 
 
The Anarchist Constitution. 127 
 
 religiously disposed, in their houses they forfeit £10 per 
 month (not to the poor this time). 
 
 P. 37. Let us therefore now take a view of the laws 
 in force against the papists (catholics) ; who may be di- 
 vided into three classes, persons professing popery (Catho- 
 licism), popish recusants convict, and popish priests. 1st. 
 Persons professing the popish religion, besides the former 
 penalties for not frequenting their parish church, are dis- 
 abled from taking their lands, either by descent or pur- 
 chase, after eighteen years of age, until they renounce their 
 errors; they must at the age of twenty-one register their 
 estates, before acquired, and all future conveyances and 
 wills relating to them; * * they may not keep or 
 teach any school under pain of perpetual imprisonment; 
 and if they willingly say or hear mass they forfeit, the one 
 two hundred, the other one hundred, marks, and each shall 
 suffer a year's imprisonment (how's that for teaching pro- 
 testantism?). Thus much for persons who from the mis- 
 fortune of family prejudices or otherwise have conceived 
 an unhappy (I should think it would be) attachment to 
 the Eomish church from their infancy (as though it were 
 their fault) and publicly profess its errors. But if any 
 evil industry is used to rivet these errors upon them, if 
 any person sends another abroad, to be educated in the 
 popish religion, or to reside in any religious house abroad 
 for that purpose, or contributes to their maintenance when 
 there; both the sender, the sent and the contributor, are 
 disabled to sue in law or equit}^, to be executor or admin- 
 istrator to any person, to take any legacy or deed of gift 
 and to bear any office in the realm, and shall forfeit all 
 their goods and chattels, and likewise all their real-estate 
 (and they shout confiscation at anarchists) for life. And 
 where these errors are also aggravated by apostacy (back- 
 sliding) or perversion, where a person is reconciled to the 
 see (pope) of Rome, or procures others to be reconciled, 
 the offense amounts to high treason. 2nd. Popish re- 
 cugarits convicted in a court of law of not attending the ser- 
 
128 The Anarchist Constitution. 
 
 vices of the church of England are subject to the follow- 
 ing disabilities, penalties, and forfeitures (the difference 
 between forfeiture and confiscation is that one is forfeiture 
 and the other confiscation, though which is which I have 
 never been able to find out), over and above those before 
 mentioned. They are considered (they don't say by 
 whom) excommunicated; they can hold no office or em- 
 ployment; they must not keep arms in their houses, but 
 the same may be seized by the justice of the peace ; they 
 may not come within ten miles of London, on pain of £100 
 (for fear London might learn something) ; they can 
 bring no action at law, or suit in equity ; they are not per- 
 mitted to travel above five miles from home (for fear 
 they might get away), unless by license, upon pain of 
 forfeiting all their goods (and this seems to be the most 
 important of all in ever}i;hing. Goods were an irresi st- 
 able temptation) ; and they may not come to court under 
 pain of £100 (also tempting). No marriage or burial 
 of such recusant, or baptism of his child, shall be had 
 (how frightful, considering that was required in the soul 
 directions) otherwise than by the ministers of the church 
 of England (which church is still doing a flourishing 
 business at the same old stand), under other severe pen- 
 alties (they were never able to get too much penalty on 
 any thing) . A married woman, when recusant, shall for- 
 feit (or have confiscated) two-thirds of her dower or join- 
 ture, may not be executrix to her husband, nor have any 
 part of his goods (those goods they must have) ; and dur- 
 ing the coverture (matrimony) may be kept in prison, 
 unless her husband redeems her at the rate of £10 a 
 month or the third part of all his lands. And, lastly as 
 a feme covert (married woman) recusant may be impris- 
 oned, so all others must, within three months after convic- 
 tion, either submit and renounce their errors (something 
 like Aguinaldo had to renounce his after he was captured) 
 or, if required so to do l)y four justices, must nl)jurc and 
 renounce the realm : and if they do not depart (after they 
 
The Anarchist Constitution. 129 
 
 have been fleeced of all they have of coTirse), or if they 
 return (which they were not likely to do if they could once 
 get away) without the king^s license, they shall be guilty 
 of felony and suffer death as felons without the benefit of 
 clergy. There is also an inferior species of recusancy (re- 
 fusing to make the declaration against popery) which, if 
 the party resides within ten miles of London, makes him 
 an absolute recusant convict, or, if at a greater distance, 
 suspends him from having any seat in parliament, keep- 
 ing arms in his house, or any horse above the value of 
 £5. This is the state, by the laws now in being (about 
 the time of our own anarchistic Boston Tea Party) . But 
 3rd, the remaining species or degree, viz : popish priests, 
 are in a still more dangerous condition. For by Statute 
 II and 12 W. Ill, c. 4, popish priests or bishops celebrat- 
 ing mass, or exercising any part of their functions, in 
 England, except in the houses of ambassadors, are liable 
 to perpetual imprisonment. And by the statute 27 Eliz. 
 c. 2, any popish priest, born in the dominions of the crown 
 of England, who shall come over hither from beyond sea 
 (unless driven by stress of weather and tarrying only a 
 reasonable time) or shall be in England three days with- 
 out conforming and taking the oaths (frightful things), 
 is guilty of high treason: and all persons harboring him 
 are guilty of felony without benefit of clergy. 
 
 P. 42. The fourth species of offenses, therefore, more 
 immediately against God (as though such things could be 
 infringements of the rights of man) and religion (anar- 
 chists would let God protect his religion himself and con- 
 fine their efforts to protecting the rights of MEN, which 
 is enough to keep their hands full) is that of blasphemy 
 against the almighty (if he is almighty he can easily' do 
 his own protecting) by denying his being (as though that 
 would hurt him) or Providence; or by contumelious 
 (whatever that is) reproaches of our Savior Christ (and to 
 this day we couldn't, or can't seem to, get along without 
 worshiping a bastard who has been dead these past two 
 
130 The Anarchist Constitution. 
 
 thousand years. But when I use the word bastard I do 
 not do it with any idea of reproach for Christ was proba- 
 bly as good a man as I am for all I know to the contrary. 
 I only use the word because the law puts it in my mouth. 
 I do, however, hold as much honor and respect for a bas- 
 tard as I do for the highest government official who ever 
 drew the breath of life if he lives as honorable a life as 
 his opportunities will permit). ^\Tiither also may be 
 referred all profane scoffing at the holy scripture (no 
 honest man can call it holy if he has not read it and it is 
 my opinion that no man, honest or dishonest, will call it 
 holy if he has), or exposing it to contempt (its good name 
 is so delicate that it would not stand much exposing) and 
 ridicule (it might be ridiculous if it were not taken seri- 
 ously). These are offenses punishable at common law 
 (they must have suspected nothing else would have pre- 
 vented them) by fine and imprisonment, or other infamous 
 corporal punishment (that is infamous because the infamy 
 rests upon the punishers) : for Christianity (only a patch 
 to the soul directions) is part of the laws of England (a 
 poor recommendation and no compliment for either. Each 
 was in pretty bad company, to say the least). 
 
 Somewhat allied to this, though in an inferior degree, 
 is the offense of profane and common swearing and curs- 
 ing (of which every man in the United States has been 
 guilty). By the last statute against which 19 Geo. TI, 
 c. 21, which repeals all former ones, every laborer, sailor, 
 or soldier, profanely swearing or cursing shall forfeit 1 s. ; 
 every other person under the degree of a gentleman (I have 
 never been able to learn the meaning of the word) 2 s; and 
 every gentleman or person of superior rank 5 s. to the poor 
 of the parish (more crumbs for the poor) ; and, on the sec- 
 ond conviction, double; and, for every subsequent offense, 
 treble the sum fir.st forfeited; with all charges of convic- 
 tion : and in default of payment shall be sent to the house 
 of correction for ten days. Any justice of the peace may 
 convict upon his own hearing, or the testimony of one wit- 
 
The Anarchist Constitution. 131 
 
 ness; and any constable or peace officer, upon his own 
 hearing, may secure any offender and carry him before a 
 justice and there convict him (we still have these laws 
 against swearing in parts of the United States to this day. 
 The following is a foot-note and not part of the text: 
 "The conviction must be within eight days after the of- 
 fense. Each oath or curse being a distinct complete of- 
 fense, there can be no question, I conceive, but a person 
 may incur any number of penalties in one day, though 
 Dr. Burn doubts whether any number of oaths or curses 
 in one day amounts to more than one offense.") If the 
 justice omits his duty (that is fails to convict), he forfeits 
 £5 and the constable 40 s. and the act is to be read in all 
 parish churches and public chapels the Sunday after every 
 quarter-day on pain of £5 to be levied by warrant from 
 any justice. Besides this punishment for taking God's 
 name in vain in common discourse it is enacted by statute 
 3 Jas. I, c. 21, that if in any stage play, interlude or show 
 the name of the holy trinity, or any of the persons therein 
 (though there is only one God — about three too many), 
 be jestingly (it was hard enough to keep a straight face 
 in handing out such rot, apparently, without permitting 
 any one to be guilty of the heinous crime of cracking a 
 joke) or profanely used, the offender shall forfeit £10 
 one moiety (by moiety they mean half but do not like to 
 say so) to the king and the other to the informer. 
 
 A sixth species of offense against God (who could not 
 be trusted to punish offenses against him for himself) 
 and religion (it was indeed a serious crime not to be 
 superstitious), of which our ancient books are full, is 
 a crime of which one knows not well what account to give 
 (though of course it was necessary to punish people for 
 it). I mean the offense of witchcraft, conjuration, en- 
 chantment or sorcery. To deny the possibility, nay, ac- 
 tual existence of witchcraft and sorcery is at once flatly 
 to contradict the revealed word of God (or soul directions 
 which you, reader, must not contradict or you forfeit the 
 
132 The Anarchist Constitution. 
 
 good health part of the guarantee), in various passages 
 both of the old (we can't get along without old things be- 
 cause we might not look natural in a new pair of pants) 
 and new (now almost as old as the hills) testament: and 
 the thing itself is a truth (as much as the passages of both 
 the old and new testament) to which every nation (or 
 branch of the social family) in the world hath in its turn 
 borne (interested and perjured) testimony, either by exam- 
 ples seemingly well attested (by tht)se anxious to keep the 
 people in fear of such shadows), or by prohibitory laws 
 (which would have lots of power over those able to suspend 
 the laws of nature) ; which, at least, suppose (and teach 
 for a purpose) the possibility of commerce with evil 
 spirits (not merely alcoholic). The civil law punished 
 with death (a favorite punishment of thinkers and in- 
 vestigators in all ages) not only the sorcerers themselves 
 but also those who consult them (so as to get rid of any 
 undesirable person who may have inadvertently spoken to 
 one afterwards alleged to be a sorcerer), imitating in the 
 former the express law (soul directions) of God (formerly 
 known as Eichard Eoe) : "Thou shalt not suffer a witch 
 to live." And our own laws, both before and since the 
 conquest, have been equally penal; ranking this crime in 
 the same class with heresy (the frightful crime of think- 
 ing), and condemning both to the flames (burning to 
 death used to be a favorite sport and pastime with those 
 who governed and the general effect of this simple pro- 
 cess was quite as awe-inspiring as turning on a current 
 and then merely burning up the body in quicklime and 
 sulphuric acid). The President Montesquieu ranks them 
 also both together, but with a very different view (the view 
 was an important factor to those who were burned) : lay- 
 ing it down as an important maxim, that we ought to be 
 very circumspect in the prosecution of magic and heresy; 
 because the most unexceptional conduct, the purest morals, 
 and the constant practice of every duty in life, are not a 
 sufficient security against the suspicion of crimes like 
 
The Anarchist Constitution. 133 
 
 these (notice how identical this argument is with onr pres- 
 ent day practice of giving the law to one side and the de- 
 cision to the other). And indeed the ridiculous stories 
 that are generally told, and many impostures and delu- 
 sions that have been discovered in all ages, are enough 
 to demolish all faith in such a dubious crime ; if (notice they 
 ALWAYS find an "if" after every reasonable argument) 
 the contrary evidence were not also extremely strong. 
 Wherefore it seems to be the most eligible way to con- 
 clude, with an ingenious writer of our own, that in general 
 there has been such a thing as witchcraft; though one can 
 not give credit to any particular modern instance of it 
 (like the god manufacturing business; wherefore it seems 
 to be the most eligible way to conclude that in general 
 there has been such a thing as the manufacture of gods, 
 though one can not give credit to any particular modern 
 instance of it). 
 
 Our forefathers were stronger believers, when they en- 
 acted by statute 33 Henry VIII, c. 8, all witchcraft and 
 sorcery to be felony without benefit of clergy; and again 
 by statute 1 Jas. I, c. 12, that all persons invoking any evil 
 spirits (alcohol is not referred to), or consulting, conve- 
 nanting with, entertaining, employing or rewarding any 
 evil spirit; or taking up dead bodies from their graves 
 (dead bodies seemed to give them a chill for which they, 
 apparently, had no remedy) to be used in any witchcraft, 
 sorcery, charm or enchantment; or killing or otherwise 
 hurting any person by such infernal arts, should be guilty 
 of felony without benefit of clergy and suffer death. And 
 if any person should attempt by sorcery to discover hidden 
 treasure (they evidently didn't like treasure seekers), 
 or to restore stolen goods (restoration of stolen goods was 
 as tender a subject with them as the restoration of stolen 
 land is to-day), or to provoke unlawful love (unlawful love 
 is a self-evident absurdity in itself to all except those who 
 are not entitled to, or unable to get, any love at all), or 
 to hurt any man or beast, though the same were not af- 
 
134 The Anarchist Constitution. 
 
 fected, he or she should suffer imprisonment and pillory 
 for the first offense and death for the second. These acts 
 continued in force till lately to the terror of all ancient 
 females (for whom Blackstone had little respect) in the 
 kingdom: and many poor wretches were sacrificed (not 
 sacrifice at the time but only execution; of course subse- 
 quent generations called it sacrifice) thereby to the preju- 
 dice of their neighbors (or government), and their own 
 illusions; not a few having, by some means or other (we 
 still possess those means to this day), confessed the fact 
 at the gallows. 
 
 P. 44. Profanation of the lord^s day, vulgularly (but 
 improperly ) called sabbath hreaking, is a ninth offense 
 against God (which he could not prevent himself) and re- 
 ligion (and still an offense in most parts of the United 
 States though fortunately not in California. I have seen 
 innocent and happy children made most unhappy by being 
 arrested FOE PLAYING BASE-BALL on Sunday), pun- 
 ished by the municipal law of England. 
 
 P. 46. Footnote. Publicly selling and buying a wife 
 is clearly an indictable offense'; and many prosecutions 
 against husbands for selling, and others for buying, have 
 recently been sustained, and imprisonment for SIX 
 MONTHS inflicted (compare this with the death penalty 
 for the felony of stealing more than one shilling, or 
 twenty-five cents, farther on). Procuring, or endeavoring 
 to procure, the seduction of a girl SEEMS indictable. 
 
 P. 61. And yet so little effect have over violent laws 
 to prevent any crime (he spoke from experience) that 
 within two years afterwards this very prince was both de- 
 posed and murdered (not like William McKinley). And 
 in the first year of his successor's reign, an act was passed 
 reciting : "that no man knew how he ought to behave him- 
 self, to do, speak or say, etc." (which is the case to-day). 
 
 P. Q>Qi. It is now time to pass on from defining the 
 crime ( ?) to describing its punisliment (in every fiendish 
 detail of which they took sucli a keen delight). The pun- 
 
The Anarchist Constitution. 135 
 
 ishment of high treason (or the crime of desiring a differ- 
 ent and better government) in general is very solemn (to 
 the victim) and terrible (well, I wonder). 1st. That 
 the offender be drawn to the gallows, and not be carried or 
 walk: though usually (by connivance, at length ripened 
 by humanity into law) a sledge or hurdle is allowed, to 
 preserve (for a worse fate) the offender from the extreme 
 torment of being dragged on the ground or pavement. 
 2nd. That he be hanged by the neck, and then cut down 
 alive. 3rd. That his entrails be taken out and burned, 
 while he is yet alive (though a sledge or hurdle is allowed 
 to carry him to the gallows by connivance, at length ri- 
 pened BY HUMANITY into law) . 4th. That his head 
 be cut off. 5th. That his body be divided into four parts. 
 6th. That his head and quarters be at the king^s disposal 
 (we can't learn for what purpose). * * * * jjj 
 the case of coining, which is a treason of a different 
 complexion (they had all the complexions of the rainbow 
 for every phase of all human actions and we are not 
 far behind them) from the rest, the punishment is milder 
 for male offenders (the males made all the law as do we) ; 
 being only (ONLY) to be drawn and hanged by the neck 
 until dead. But in treason of every kind the punishment 
 of woman is the same, and different from that of 
 man. For as the decency due to the sex (which they 
 didn't have in any over- abundant degree) forbids the ex- 
 posing and publicly mangling their bodies (which they 
 considered was the limit of decency due to the sex), their 
 sentence (which is to the full as terrible to the sensation 
 as the other — his own parenthesis) is to be drawn to the 
 gallows, and there to be burned alive. 
 
 P. 87. Besides thus taking the oaths for office, any 
 two justices of the peace may by the same statute sum- 
 mon, and tender the oaths to, any person whom they shall 
 suspect to be disaffected: and every person refusing the 
 same, who is properly called a non-juror (non-swearer), 
 shall be judged a popish recusant convict, and subject to 
 
136 The Anarchist Constitution. 
 
 the same penalties that were mentioned in a former chap- 
 ter; which in the end may amount to the alternative of 
 abjuring the realm or suffering death as a felon (Hob's 
 choice so to speak). 
 
 P. 107. For it is enacted by statutes 5 and 6 Edw. VI. 
 c. 4, that if any person shall, by words only, quarrel, chide 
 or brawl, in a church or church-yard, the ordinary shall 
 suspend him, if a layman, db ingressu ecclesiae (from ad- 
 mission to the church) ; and, if a clerk in orders, from the 
 ministration of his office during pleasure. And if any 
 person in such church or church-yard (splendid haven for 
 gossipers and insulters of women) proceeds to smite or 
 lay violent hands upon another, he shall be excommuni- 
 cated ipso facto (automatically) ; or if he strikes him with 
 a weapon (regardles's of the provocation), or draws any 
 weapon with intent to strike (regardless of any difference 
 in size or strength or sex), he shall, besides excommunica- 
 tion (being convicted by a jury — which was as much of 
 a farce then as now), have one of his ears cut off: or, hav- 
 ing no ears, be branded with the letter F (presumably for 
 felon) in his cheek. 
 
 P. 114. Offenses against public trade, like those of the 
 preceding classes, are either felonious or not felonious 
 (like people who are either dead or not dead). 
 
 Of the first sort are : 
 
 1st. Owling, so-called from its being usually carried 
 on in the night, which is the offense of transporting wool 
 or sheep out of this kingdom, to the detriment of its 
 staple manufacture (should have said to the detriment 
 of the manufacturer who might otherwise have to pay 
 the market, or fair, price for wool). This was forbidden 
 at common law and more particularly by statute II Edw 
 III, c. 1, when the importance of our woolen manufacture 
 (and the especial friendship and favoritism towards the 
 woolen manufacturer) was first attended to; and there are 
 now many statutes relating to this offense, the most use- 
 ful (to the manufacturer) and principal of which are 
 
The Anarchist Constitution. 131' 
 
 those enacted in the reign of queen Elizabeth, and since. 
 The statute of 8 Eliz. c. 3, makes the transportation of 
 live sheep, or embarking them on board any ship, for the 
 first offense, forfeiture (or confiscation) of goods and im- 
 prisonment for a year and that at the end of the year the 
 left hand shall be cut off in some public market (not to 
 confiscate the hand for meat) and shall be there nailed up 
 in the openest place : and the second offense is felony. 
 
 P. 124. A third species of felony against the good or- 
 der and economy (about which they were very solicitous) 
 of the kingdom is by idle soldiers and mariners wander- 
 ing about the realm (something like the state of Califor- 
 nia's — laughable if it were not so serious — definition of 
 vagrancy), or persons pretending so to be, and abusing 
 the name of that honorable (?) profession. Such a one 
 not having a testimonial or pass from the justice of the 
 peace, limiting the time of his passage, or exceeding the 
 time limited for fourteen days, unless he falls sick; or 
 forging such testimonial; is by statute 39 Eliz, c. 17, made 
 guilty of felony without benefit of clergy (punishment, 
 death by torture, without regard to particular circum- 
 stances). This sanguinary law, though in practice deser- 
 vedly antiquated, still remains a disgrace to our statute 
 book (but in all his 1800 pages of comments he did not 
 find half a dozen "disgraces'' to the statute book and none 
 that were still practised) : yet attended with this mitiga- 
 tion, that the offender may be delivered if any honest free- 
 holder (land-lord) or other person of substance (wealth) 
 will take him into his service (they were willing to substi- 
 tute slavery for the punishment of the most trifling so- 
 called offenses), and he abides in the same for one year; 
 unless licensed to depart by his employer (master) who in 
 such case shall forfeit £10 (for the right to liberate his 
 slave) . 
 
 (4) Outlandish persons calling themselves Egyptians, 
 or gypsies (an honorable class of social victims), are an- 
 other object of the severity of some of our unrepealed stat- 
 
138 The Anarchist Constitution. 
 
 utes. These are a strange kind of commonwealth among 
 themselves of wandering (enforced wandering seems to 
 have been, as it is to this da}', one of the unpardonable 
 sins) impostors and jugglers who were first taken notice 
 of in Germany (wlio has just conferred upon us the in- 
 estimable honor of allowing a German prince to associate 
 with us for a few weeks) about the middle of the fifteenth 
 century, and have since spread themselves all over Europe. 
 Munster, who is followed and relied upon by Spelman, and 
 other writers, fixes the time of their first appearance at 
 the year 1417 ; under the passports, real or pretended, 
 from the emperor Sigismund, king of Hungary. And 
 Pope Pius II (who died A. D. 1464) mentions them in 
 his history as thieves and vagabonds, then wandering with 
 their families (even worse than wandering without fam- 
 ilies) over Europe under the name of zigari; and whom 
 he supposes to have migrated from the country of Zigi. 
 which nearly answers to the modern Circassia. In the 
 compass of a few years they gained such a number of idle 
 proselytes (who imitated their language and complexion 
 — as easy as rolling off a log — and betook themselves to 
 the same arts of chiromancy, begging — still a most hein- 
 ous crime. The city and county of San Francisco, on 
 June 5th, 1901, dragged a sick man, barely able to be up, 
 away from the bedside of his wife who was seriously ill 
 in bed and kept him over night in a damp cell on the 
 charge of PEEMITTING a minor to beg, though her only 
 offense was selling papers on the street to provide some of 
 the most urgent necessities for the sick motlier which the 
 father was unable to provide — and pilfering) that they be- 
 came troublesome (the wealthy wlio govern can never sub- 
 mit to anything that is troublesome), and even formida- 
 ble (a few gypsies must have been awful "formidable" to 
 a nation) to most of the states of Europe. Hence they 
 were expelled from France in the year 1560 and from 
 Spain in 1591. And the government of England took the 
 alarm (they must have been "alarmed") much earlier; for 
 
The Anarchist Constitution. 139 
 
 in 1530 they are described by statute 22 Henry VIII, c. 
 10, as "outlandish" (that's what the Boers called the Eng- 
 lish a little later) people, calling themselves Egyptians; 
 using no craft nor feat of merchandise, who have come into 
 this realm (certainly a foolish thing) and gone from 
 shire to shire and place to place in great company, and 
 used great, subtle and crafty means to deceive people 
 (they were not describing our present day politicians) 
 bearing them in hand that they by palmistry could tell 
 men's and women's fortunes (worse than our present 
 "manufacturers" claiming that by bottled alcohol and 
 mercury they can cure people's diseases) ; and so many 
 times by craft and subtlety have deceived the people (like 
 our own politicians and business men) of their money 
 (American financiers and business men never do such 
 things) and also have committed many heinous felonies 
 (why not just punish the guilty then if government is 
 capable of performing the ostensible object for which it 
 exists) and robberies." Wherefore they are directed to 
 avoid the realm, and not to return under pain of impris- 
 onment, and forfeiture of their goods and chattels (they 
 could not forget to confiscate what little they might have) : 
 and upon their trials for any felony which they may have 
 committed, they shall not be entitled to a jury de media- 
 tate linguae. And afterwards it is enacted by statute 1 
 and 2 Ph. & M., c. 4, and 5 Eliz., c. 20, that if any such 
 persons shall be imported into this kingdom, the importer 
 shall forfeit £40 and if the Egyptians themselves remain 
 one month in this kingdom, or if any person, being four- 
 teen years old (whether natural born subject or stranger), 
 which have been seen or found in the fellowship of such 
 Egyptians, or which hath disguised him or. herself like 
 them, shall remain in the same one month, at one or sev- 
 eral times, it is felony without benefit of clergy (how was 
 this for an exclusion law?) : and Sir Mathew Hale informs 
 us that at one Suffolk assizes no less than thirteen gypsies 
 were executed upon these statutes a few years before the 
 
140 The Anarchist Constitution. 
 
 restoration (how the iiends must have enjoyed them- 
 selves). But to the honor of our national humanity (he 
 said it with a straight face just like an American politi- 
 cian talking about our free government and American 
 institutions) there are no instances more modern than this 
 of carrying these laws into practice (that is of executing 
 the laws they are sworn to execute). 
 
 P. 128. Lastly a common scold, communis rixatrix 
 (for our law latin confines it to the feminine gender), is 
 a public nuisance to her neighborhood. For which of- 
 fense she may be indicted; and if convicted, shall be sen- 
 tenced to be placed in a certain engine of correction called 
 the trebucket, castigatory, or cucking stool, which in the 
 Saxon language (for their law was also partly in the 
 Saxon language) is said to signify the scolding stool; 
 though now it is frequently corrupted into ducking stool. 
 Ijecause the residue of the judgment is that when she is 
 so placed therein she shall be plunged in the water for her 
 punishment (a sort of a joke with the punishers). 
 
 P. 128. Persons harboring vagrants are liable to a fine 
 of forty shillings and to pay all expenses wrought upon 
 the parish thereby (how easy for such people) : in the same 
 manner as, by our ancient laws, whoever harbored any 
 stranger for more than two nights (no wonder they wan- 
 dered) was answerable to the public for any offense that 
 such his inmate might commit. 
 
 Under the head of public economy may be also properly 
 ranked all sumptuary laws against luxury and extravagant 
 (or extra vagrant) expenses in dress, diet and the like; 
 concerning the general utility of which to a state, there is 
 much controversy among the political writers. Baron 
 Montequieu lays it down that luxury is necessary in mon- 
 archies, as in France; but ruinous to democracies, as in 
 Holland. With regard therefore to England, whose gov- 
 ernment is compounded of both species, it may still be 
 a dubious question hoAV far private luxury is a public evil ; 
 and as such cognizable by public laws. And indeed our 
 
The Anarchist Constitution. 141 
 
 legislators have several times changed their sentiments as 
 to this point ; for formerly there were a multitude of penal 
 laws existing to restrain excess in apparel ; chiefly made in 
 the reigns of Edward the Third, Edward the Fourth and 
 Henry the Eighth, against piked shoes, short doublets, 
 and long coats; all of which were repealed by statute 1 
 Jas. I, c. 25. But as to excess in diet, there still remains 
 one ancient statute unrepealed, 10 Edw. Ill, st. 3, which 
 ordains that no man shall be served, at dinner or supper^ 
 with more than two courses; except upon some great hol- 
 idays there specified in which he may be served with three 
 (it was criminal to eat more and anarchistic to want to). 
 
 P. 151. If any woman be delivered of a child which, 
 if born alive, should by law be a bastard (there would be 
 no bastards under anarchy) ; and endeavors privately to 
 conceal its death, by burying the child or the like; the 
 mother so offending shall suffer death (the one amuse- 
 ment they liked better than all others was putting people 
 to death, even women and children) as in the case of mur- 
 der unless she can prove by one witness at least that the 
 child was actually born dead (but in the case of "legiti- 
 mate" children it didn't make any difference). 
 
 P. 155. The punishment of murder and that of man- 
 slaughter was formerly one and the same; both having 
 the benefit of clergy (or exemption from punishment if 
 able to read) ; so that none but unlearned persons, who 
 least knew the guilt of it, were put to death for this enor- 
 mous crime. 
 
 P. 158. Next in order of time is the statute 37 Henry 
 VIII, c. 6, which directs that if a man shall maliciously 
 and unlawfully cut off the ear of any of the king's sub- 
 jects he shall not only forfeit treble damages (however 
 much that might be I don't know and Blackstone didn't 
 either) to the party aggrieved, to be recovered by action 
 of trespass (provided the victim had money enough to win 
 a law-suit for it) at common law, as a civil satisfaction; 
 but also £10 by way of fine to the king (to whose inter- 
 
142 The Anarchist Constitution. 
 
 est it was to have as man}^ ears cut off as possible at £10 
 per ear), which was his criminal amercement (how many 
 people's ears could J. Pierpont Morgan cut off at that 
 rate ?) . 
 
 P. 191. Our ancient Saxon laws nominally punished 
 theft with death (their old standby entertainment), if 
 above the value of twelve pence (twenty-five cents) ; but 
 the criminal was permitted to redeem his life by a pecu- 
 niary ransom (which only the professional thieves could 
 pay) ; as among their ancestors, the Germans, by a stated 
 number of cattle. But in the ninth year of Henry the 
 First this power of redemption (what a beautiful patch) 
 was taken away and all persons guilty of larceny above 
 the value of twelve pence were directed to be hanged (and 
 a hungry wife was no excuse) ; which law continues in 
 force to this day. For though the inferior species of theft , 
 or petit larceny, is only punished by imprisonment or whip- 
 ping (as in Delaware) at common law, or by statute 4 
 Geo. I, c. II, may be extended to transportation for seven 
 years, as is also expressly directed in the case of the plate 
 glass company (one of the many favorites like some of our 
 trusts to-day), yet the punishment of grand larceny, or 
 the stealing above the value of twelve pence (which sum 
 was the standard in the time of king Athelstan, eight 
 hundred years ago), is at common law regularly death. 
 \Vhich considering the great intermediate alteration in the 
 price or denomination of money, is undoubtedly a very . 
 rigorous (that's all — just rigorous) constitution; and 
 made Sir Henry Spelman (above a century since, when 
 money was at twice its present rate) complain, that while 
 every thing else was risen in the nominal value, and be- 
 come dearer, the life of man had continually grown cheap- 
 er. It is true that the mercy (that's right, call it mercy) 
 of juries will often make them strain a point (and commit 
 perjury in so doing just like an anarchist) and bring in 
 larceny to be under the value of twelve pence, when it is 
 really of much greater value (if this doesn't illustrate the 
 
The Anarchist Constitution. 143 
 
 importance of juries being able to bring in a verdict and 
 judgment without regard to the law which defines a 
 crime and fixes an unjust penalty I don^t know how to do 
 it) but this, though evidently justifiable and proper 
 (which it would be only to an anarchist), when it only re- 
 duces the present nominal value of money to the ancient 
 standard (and an anarchist would say, ancient standard 
 be d ), is otherwise a kind of pious per- 
 jury (what an absurdity ! Perjury is worse than the theft 
 the UNJUST punishment of which can only be avoided by 
 the jurors all becoming anarchists for the time being and 
 defying the law they have sworn to execute) and does not 
 at all excuse our common law in this respect from the 
 imputation (that's what he said — only imputation) of 
 severity, but rather strongly confesses the charge. 
 
 P. 203. By statute 5 Eliz. c. 14, to forge or make, or 
 knowingly to publish or give in evidence any forged deed, 
 court roll, or will, with intent to affect the right of real 
 property, either free-hold or copy-hold, is punished by a 
 forfeiture to the party grieved of double costs and dam- 
 ages; by standing in the pillory, and having both his ears 
 cut off and his nostrils slit and seared (no matter if there 
 were exceptional circumstances to justify it or the con- 
 viction was obtained by doubtful evidence in a farcical 
 jury trial) ; by forfeiture to the crown of the profits of 
 his lands, and by perpetual imprisonment. 
 
 P. 211. First, then, the justices are empowered by 
 the statute 34, Edw. Ill, c. I, to bind over to the good be- 
 havior towards the king and his people all them that he 
 not of good fame, wherever they may be found; to the 
 intent that the people be not troubled nor endangered, 
 nor the peace diminished, nor merchants and others, pass- 
 ing by the highways of the realm, be disturbed nor put in 
 the peril which MAY happen by such offenders. Under 
 the general words of this expression,//?,a^ be not of good 
 fame, it is holden that a man may be bound to his good 
 behavior for causes of scandal, contra bonos mores (against 
 
144 The Anarchist Constitution. 
 
 good morals), as well as contra pacem (against the peace) ; 
 as, for haunting bawdy houses with women of bad fame; 
 or for keeping such women in his house; or for words 
 tending to scandalize the government (the good name of 
 every government seems to be so shaky that criticism seems 
 to cut deep), or in abuse of the officers of justice (poor 
 officers of justice), especially in the execution of their 
 office. Thus, also, a justice may bind over all night- 
 walkers; eaves-droppers; such as keep suspicieus com- 
 pany, or are reported to be pilferers or robbers (without 
 any conviction) ; such as sleep in the day and wake in the 
 night (why don't they simply say anybody without a 
 pull ?) ; common drunkards, whoremasters (think of 
 merely binding over to keep the peace whoremasters who 
 prey upon the misfortunes of helpless women and punish- 
 ing with death the husband who steals twenty-five cents 
 from a rich man for a hungry wife or baby) ; the putative 
 fathers of bastards; cheats (would this include our finan- 
 ciers?) ; idle vagabonds (would this include William Wal- 
 dorf Astor?) ; and other persons whose misbehavior may 
 reasonably bring them within the general words of the 
 statutes, as persons not of good fame; an expression, it 
 must be owned, of so great a latitude as leaves much to be 
 determined by the discretion of the magistrate himself. 
 
 P. 227. These are plain, easy and regular; the law 
 not admitting any fictions, as in civil cases, to take place 
 where the life, the liberty (they claimed to have it as 
 much as we do) and the safety of the subject are more 
 immediately brought into jeopardy. 
 
 P. 265. The English judgment of penance for 
 standing mute was as follows: That the prisoner be re- 
 manded to the prison whence he came ; and put into a low. 
 dark chamber; and there be laid on his back, on the bare 
 floor, naked, unless where decency forbids (decency should 
 forbid all the disgraceful proceedings of law but it 
 doesn't) ; that there be placed upon his body as great a 
 weight of iron as he could bear, and more ; that he have no 
 
The Anarchist Constitution. 145 
 
 sustenance, save only, on the first day, three morsels of the 
 worst bread; and, on the second day, three draughts of 
 standing water, that should be nearest to the prison door; 
 and in this situation this should be alternately his daily 
 diet till he died. 
 
 P. 276. The several methods of trial and conviction of 
 offenders established by the laws of England were for- 
 merly more numerous than at present (that is less anar- 
 chistic), through the superstition of our Saxon ancestors 
 (which was even greater than the superstition in America 
 to-day) ; who, like other northern nations, were extremely 
 addicted to divination; a character which Tacitus observes 
 of the ancient Germans. They, THEEEFOEE, in- 
 vented a considerable number of methods of purgation 
 or trial to preserve innocence from the danger of false 
 witnesses (from my observation, I think we need a consid- 
 erable number of methods of preserving innocence from the 
 danger of false witnesses which we don't have), and in 
 consequence of a notion that God would always interpose 
 miraculously to vindicate the guiltless (the soul directions 
 said he would). 
 
 The most ancient species of trial was that of ordeal. 
 which was peculiarly distinguished from the appellation of 
 judicium Dei (judgment of God) ; and sometimes vul- 
 garis purgatio (vulgar purgation), to distinguish it from 
 the canonical purgation, which was by oath of the party. 
 This was of two sorts, either fire ordeal, or water ordeal; 
 the former being confined to persons of higher rank, the 
 latter to the common people (because it was easy to 
 evade the former and impossible to evade the latter). 
 Both these might be performed by deputy; but the princi- 
 pal was to answer for the success of the trial; the deputy 
 only venturing some corporal pain for hire, or perhaps 
 for friendship. Fire ordeal was performed either by tak- 
 ing up in the hand, unhurt, a piece of red-hot iron of one. 
 two or three pounds weight; or else by walking barefoot 
 and blindfold, over nine red-hot plough-shares, laid 
 
146 The Anarchist Constitution. 
 
 lengthwise at unequal distances; and if the party escaped 
 being hurt he was adjudged innocent; but if it happened 
 otherwise as, without collusion, it usually did (notwith- 
 standing the soul directions said it wouldn't) he was then 
 condemned as guilty. However, by this latter method 
 Queen Emma, the mother of Edward the Confessor, is 
 mentioned to have cleared her character, when suspected 
 of familiarity with Alwyn, bishop of Winchester (easy 
 enough for a queen to do or any of the few but impossible 
 for any of the many). 
 
 Water ordeal was performed either by plunging the 
 bare arm up to the elbow in boiling water (the fire under 
 the water would be apt to be pretty low for any of the few. 
 but plenty hot enough for any of the many) and escaping 
 unhurt thereby, or by casting the person suspected into 
 a river or pond of cold water; and, if he floated therein 
 without any action of swimming it was deemed an evi- 
 dence of his guilt; but if sank (and drowned), he was 
 acquitted (no chance for collusion here; therefore this 
 was for the common people only. Persons of rank — ^the 
 few — had the other ordeal so they might clear themselves 
 by collusion. This water ordeal was practised in Massa- 
 chusetts by the "Puritans" on those accused of witchcraft, 
 and it was better, even for those who could swim, to sink 
 and drown than be adjudged guilty as he otherwise would 
 be. In our present semi-anarchistic jurisprudence the op- 
 portunities for the few to evade the law intended only 
 for the many are buried so deep in our statute books that 
 the many do not even know of their existence, but they 
 exist nevertheless). It is easy to trace out the traditional 
 relics of this water ordeal in the ignorant barbarity still 
 practiced in many countries to discover witches by casting 
 them into a pool of water, and drowning them to prove 
 their innocence. 
 
 These two antiquated methods of trial were principally 
 in use among our Saxon ancestors. The next, which still 
 
The Anarchist Constitution. 147 
 
 remains among us, to the princes of the N'orman line. 
 And that iS;, 
 
 III. The trial by battle, duel or single combat, which 
 was another species of presumptuous appeals to providence 
 under an expectation that Heaven would unquestionably 
 give the victory to the innocent or injured party (about 
 like our present presumption in America that the God of 
 Justice — or money — will give the victory in a legal battle 
 to the innocent or injured party). The nature of this 
 trial in cases of civil injury, upon issue joined in a writ 
 of right was fully discussed in the preceding book, to 
 which I have only to add that the trial by battle may be 
 demanded at the election of the appellee, in either an 
 appeal or an approvement; and that it is carried on with 
 equal solemnity (did you ever notice the solemnity of the 
 farce in our courts of to-day?) as that on a writ of right; 
 but with this difference, that there each party might hire 
 a champion, but here they must fight in their proper per- 
 sons (and how the sanctimonious government officials 
 enjoyed it). And therefore if the appellant or approver 
 be a woman, a priest, an infant, or of the age of sixty 
 (what a snap for a man of twenty-five against one of 
 fifty-nine or a giant against a dwarf), or lame or blind, 
 he or she may counterplead and refuse the wager of 
 battle; and compel the appellee to put himself upon the 
 country (that is a farce trial by jury). Also peers of the 
 realm (so as to exempt the few for the laws intended for 
 the government of the many), bringing an appeal, shall 
 not be challenged to wage battle, on account of the dignity 
 (or imbecility) of their persons; nor the citizens of Lon- 
 don (a favored locality similar to our Wall street), by 
 special charter (anarchists are opposed to favoritism by 
 charter or otherwise) because (a because can be found for 
 any injustice on the face of the earth) fighting seems 
 foreign to their education ( which was denied to others) 
 and (lack of) employment. So likewise if the crime be 
 notorious; as if the thief be taken with a Mainour, or the 
 
148 The Anarchist Constitution. 
 
 murderer in the room (but not in the hall- way or outside) 
 with a bloody knife (human blood or chicken blood alike), 
 the appellant may refuse the tender of battle from the 
 appellee^ for it is unreasonable (though the rest of the 
 farce was reasonable) that an innocent man should stake 
 his life against one who is already half convicted. 
 
 The form and manner of waging battle upon appeals 
 are much the same as upon a writ of right; only the oaths 
 of the two combatants are vastly more striking and sol- 
 emn (they couldn't leave the solemn part out of the farce 
 any more than we can). The appellee, when appealed 
 of felony, pleads not guilty (sounds familiar), and 
 throws down his glove and declares he will defend the 
 same by his body; the appellant takes up the glove, and 
 replies that he is ready to make good the appeal, body for 
 body. And thereupon the appellee, taking the book (of 
 soul directions) in his right hand, and in his left the right 
 hand of his atagonist, swears to this effect: "Hear this, 
 man, whom I hold by the hand, who callest thyself John 
 by the name of baptism, that I, who call myself Thomas 
 by the name of baptism (no more farcical than our pres- 
 ent jurisprudence), did not feloniously murder thy father^ 
 William by name, nor am any way guilty of the said fel- 
 ony. So help me God, and the saints (we still hang on to 
 this help nie God business though we have cut out the 
 saints) ; and this I will defend against thee by my body, 
 as this court shall award." To which tlie appellant re- 
 plies, holding the bible (we still hang onto our bible, and 
 in some states even require witnesses to prostitute their 
 lips by kissing the filthy book although everybody makes 
 it a point not to know what is in it), and his antagonist's 
 hand in the same manner as the other: "Hear this, 
 man, whom I hold by the hand, who callest thyself Thomas 
 by name of baptism (we still hang on to our baptism too. 
 and to the shame of our cowardly fathers and brothers,, 
 allow our young daughters and sisters to be immersed in 
 streams and ponds where the ice has to be broken for the 
 
The Anarchist Constitution. 149 
 
 purpose) that thou art perjured; and therefore perjured, 
 because that thou feloniously didst murder my father. 
 William by name. So help me God, and the saints (some 
 of us even hang on to the saints to this day) ; and this I 
 will prove against thee by my body, as this court shall 
 award." The battle is then to be fought with the same 
 weapons, viz. : batons, the same solemnity, and the same 
 oath (we are still fond of oaths) against amulets and 
 sorcery, that are used in the civil combat; and if the ap- 
 pellee be so far vanquished, that he cannot or will not 
 fight any longer, he shall be adjudged to be hanged imme- 
 diately ; and then, as well as if he be killed in battle, provi- 
 dence is deemed to have determined in favor of the truth 
 (the same as a court of the present day is DEEMED to 
 have determined in favor of the truth), and his blood 
 shall be attainted (so as to punish the innocent also, as- 
 suming that he was himself guilty). But if he kills the 
 appellant (thereby adding another crime), or can main- 
 tain the fight from sunrising till the stars appear in the 
 evening (something like maintaining a legal fight at 
 present till the other side's money gives out), he shall 
 be acquitted. So also if the appellant becomes recreant, 
 and pronounces the horrible word craven he shall lose his 
 liheram legem (lawful liberty) and become infamous; and 
 the appellee shall recover his damages (provided he is 
 able), and also be forever quit, not only of the appeal, but 
 of all indictments likewise, for the same offense. 
 
 P. 295. A learned judge, in the beginning of the last 
 century, remarks with much indignation the vast compli- 
 cation of perjury and subornation of perjury in this sol- 
 emn farce of a mock trial; the witnesses, the compurga- 
 tors, and the jury, being all of them partakers in the guilt: 
 the delinquent party also, though convicted before on the 
 clearest evidence, and conscious of his own offense, yet 
 was permitted and almost compelled to swear himself not 
 guilty; nor was the good bishop himself, under whose 
 countenance this scene of wickedness was daily trans- 
 
150 The Axarchist Constitution. 
 
 acted, by any means exempt from a share of it. And yet 
 by this purgation the party was restored to his credit, his 
 liberty, his lands, and his capacity for purchasing afresh, 
 and was entirely made a new and innocent man. 
 
 'This scandalous prostitution of oaths, and the forms 
 of justice, in the almost constant acquittal of felonious 
 clerks (clergymen) by purgation, was the occasion that, 
 upon very heinous and notorious circumstances of guilt. 
 the temporal courts would not trust the ordinary with the 
 trial of the offender, but delivered over to him the con- 
 victed clerk (clerk means clergyman), absque purgatione 
 facienda (without right of purgation), in which situation 
 the clerk convict could not make purgation, but was to 
 continue in prison during life, and was incapable of ac- 
 quiring any personal property, or receiving the profits of 
 his lands, unless the king should please to pardon him 
 (which he would have to do or fight the whole organization 
 of professors of the soul directions the same as our Presi- 
 dent or governor would have to pardon J. Pierpont Mor- 
 gan or fight the whole Wall street combination). Both 
 these courses were in some degree exceptionable; the lat- 
 ter being perhaps too rigid, as the former was productive 
 of the most abandoned perjury. As therefore these mock 
 trials took their rise from factious and popish tenets^ 
 tending to exempt one part of the nation from the general 
 municipal law; it became high time, when the reformation 
 was thoroughly established, to abolish so vain and impious 
 a ceremony. 
 
 P. 296. Accordingly the statute of 18 Eliz., c. 7, en- 
 acts that, for the avoiding of such perjuries and abuses, 
 after the offender has been allowed his clergy, he shall not 
 be delivered to tbe ordinary, as formerly; but upon such 
 allowance and burning in the hand, he shall forthwith be 
 enlarged (liberated) and delivered out of prison; with 
 proviso, that the judge may, if he thinks fit, continue the 
 offender in jail for any time not exceeding a year. And. 
 thus the law continued, for above a century, unaltered, ex- 
 
The Anarchist Constitution. 151 
 
 cept only that the statute of 21 Jas. I, c. 6, allowed that 
 women convicted of simple larcenies under the value of ten 
 shillings should (not properly have the benefit of clergy, 
 for they were not called upon to read; but) be burned in 
 the hand and whipped (no mention here of the decency due 
 to the sex), stocked or imprisoned for any time not ex- 
 ceeding a year (in the case of a friend of the judge about 
 fifty-eight or fifty-nine seconds). And a similar indul- 
 gence by the statutes 3 & 4 W. & M., c. 9, and 4 & 5 W. & 
 M., c. 24, was extended to women, guilty of any clergy- 
 able felony whatsoever; who were allowed once to claim 
 the benefit of the statute (as a substitute for benefit of 
 clergy), in like manner as men might claim the benefit 
 of clergy, and to be discharged upon being burnt in the 
 hand, and imprisoned for any time not exceeding a year. 
 The punishment of burning in the hand, being found in- 
 effectual, was also changed by statute 10 & 11 W. Ill, c. 
 23, into burning in the most visible part of the left cheek, 
 nearest the nose; but such an indelible stigma, being 
 found by experience to render offenders desperate, this 
 provision was repealed, about seven years afterwards, by 
 statute 5 Ann, c. 6, and till that period all women, all 
 peers of parliament and peeresses (except those excepted), 
 and all male commoners who could read, were discharged 
 (that is from the death penalty) in all clergyable felonies; 
 the males absolutely, if clerks in orders (that is explain- 
 ers of the soul directions) ; and other commoners, both 
 male and female, upon branding; and peers and peeresses 
 without branding, for the first offense; yet all liable (ex- 
 cepting peers and peeresses — his own parenthesis), if the 
 Judge saw occasion, to imprisonment not exceeding a year 
 (all this for stealing a man's $2.50 hat, regardless of 
 circumstances). And those men who could not read, if un- 
 der the degree of peerage, were hanged. 
 
 P. 297. And it was also enacted by the statutes 4 Geo. 
 I, c. II, and 6 Geo. I, c 23, that when any persons shall 
 be convicted of any larceny, either grand or petit, or any 
 
152 The Anarchist Constitution. 
 
 felonious stealing or taking of money or goods and chat- 
 tels either from the person or the house of any other, or 
 in any otlur manner, and who BY THE LAW shall be 
 entitled to the benefit of clergy, and liable only to the 
 penalties of burning in the hand or whipping, the court 
 in their (his) discretion, instead of such burning in the 
 hand or whipping, may direct such offenders to be trans- 
 ported to xlmerica (or by the statute 19 Geo. Ill, c. 74, 
 to any other parts beyond the seas) for seven years; and 
 if they return or are seen at large in this kingdom within 
 that time (shouldn't think they would want to), it shall 
 be felony without the benefit of clergy. 
 
 P. 302, Of these (judgments) some are capital, which 
 extend to the life of the offender, and consist generally 
 in being hanged by the neck till dead (this barbarity is 
 still practised in more than three-fourths of the statesj 
 of the United States) ; though in very atrocious (showing 
 the foregoing was for crimes not very atrocious) 
 crimes other circumstances of terror, pain or disgrace 
 (this disgrace to the innocent members of the family is 
 still the universal barbarism of the United States, and the 
 innocent poor old father and young sister of Leon 
 Czolgosz were so punished in a most fiendish manner) are 
 superadded; as, in treasons of all kinds, being drawn or 
 dragged to the place of execution ; in high treason affecting 
 the King's person (which was of more consequence 
 than the persons of all the people combined) or govern- 
 ment ( for it was HIS government and is to this day), 
 embowelling alive, beheading, and quartering; and in 
 murder a public dissection. And, in case of any treason 
 committed by a female, the judgment is to be burned 
 alive. But the humanity (that's what he said) of the Eng- 
 lish nation has authorized, by a tacit consent, an almost 
 general mitigation of such parts of these judgments as 
 savor of torture or cruelty (that would be the whole of 
 them, I should think) ; a sledge or hurdle being usually 
 allowed to such traitors (or those desiring a government 
 
The Anarchist Constitution. 153 
 
 which would wipe out such a social eonipact and substitute 
 for it a better one — a modern one) as are condemned to 
 be drawn; and there being very few instances (and those 
 accidental or by negligence) of any person's being em- 
 bowelled, till previously deprived of sensation by strang- 
 ling (why disembowel them at all then?) Some pun- 
 ishments consist in exile or banishment (which seems to 
 the writer like rewarding the offender and punishing his 
 family)^ by abjuration of the realm, or transportation 
 (that is, the former reward with expense allowance) ; 
 others in loss of liberty (and it's precious little of it they 
 had to lose), by perpetual or temporary imprisonment. 
 Some extend to confiscation (to punish the innocent fam- 
 ily again), by ^forfeiture of lands or movables, or both, 
 or of the profits of lands for life ; others induce a disability 
 of holding offices or employments (so as to make it more 
 necessary than ever to steal), being heirs, executors and 
 the like. Some, though rarely (once would be an ever- 
 lasting disgrace), occasion a mutilation or dismembering 
 by cutting off the hand or ears (George Washington and 
 his anarchistic associates abolished this entirely in the 
 United States, and for more than a century no one has 
 complained about it, though of course it was "necessary" 
 to prevent crime) ; others fix a lasting stigma on the 
 offender, by slitting the nostrils, or branding in the hand, 
 or cheek (anarchistic America would never tolerate this 
 outside of the army). Some are merely pecuniary, by 
 stated or discretionary fines (so as to place the innocent 
 family in want) ; and lastly there are others (still others) 
 that consist principally in their ignominy, though most of 
 them are mixed with some degree of corporal pain; and 
 these are inflicted chiefly for such crimes as either arise 
 from indigence (of which no one is VOLUNTAEILY 
 guilty) or render even opulence disgraceful (we might 
 suspend such degree of anarchy as we have and whip 
 Chauncey Depew and Ambassador Whitelaw Eeid for their 
 disgraceful opulence). Such as whipping (the whipping 
 
154 The Anarchist Constitution. 
 
 post is still an indispensable engine of state torture and 
 barbarity in Delaware), hard labor (we have an abund- 
 ance of that anyway, for clothes and board only, as a pun- 
 ishment for being free-born citizens of the "land of lib- 
 erty'^) in the house of correction (more properly the de- 
 generating house) or otherwise, the pillory (unknown to 
 anarchistic America, though "necessary" to prevent in- 
 fringements of human rights), the stocks (likewise), and 
 the ducking stool (most unchivalrous of all). 
 
 Disgusting as this catalogue may seem (it certainly 
 does SEEM so to anarchists who haven't the intelligence 
 to substitute anything better), it will afford pleasure to an 
 English reader (if he be sufficiently anarchistic), and do 
 honor to the English law (certainly in sore need of it), 
 to compare it with that shocking apparatus of death and 
 torment (of course no man's own shocking apparatus of 
 death and torture is shocking) to be met with in the crimi- 
 nal codes of almost every other nation in Europe (it would 
 satisfy him about the same as it does an American to-day 
 to compare our comparative degree of anarchy with that 
 of Russia or Turkey) . And it is moreover one of the glo- 
 ries of our English law (Blackstone prated about the glo- 
 ries of the English law, free constitution of England and 
 "liberty'^ of British subjects only six years before we re- 
 belled against their "glorious law," "free constitution" 
 and "liberty" as much as American politicians do to-day) 
 that the species, though not always the quantity or degree, 
 of punishment is ascertained for every offense (which of 
 course makes it all right) ; and that it is not left in the 
 breast of any judge, nor even of a jury (much less to the 
 merits of the case), to alter that judgment which the law 
 has beforehand ordained for every subject alike (except 
 where it is not*for every subject alike) without respect of 
 (so-called common) persons. For, if judgments were to 
 be the private opinions of the judge (which they generally 
 are), men would then be slaves to their magistrates (in- 
 stead of to their politician made law) ; and would live in 
 
The Anarchist Constitution". 155 
 
 society without knowing exactly the conditions and obli- 
 gations which it lays them under (I have been trying the 
 past ten years to learn this very thing and have failed 
 dismally. Nor am I alone for there is not a man in all 
 the world who knows what the law will be when it comes 
 to a show-down — a trial. A life-long student of the law 
 can, at best hazard an "opinion." For, if he says the law 
 is so and so, his opponent simply says: "Oh, I don't 
 know; there's lots of law." I confidently assert that no 
 man knows the law and no man is justified in upholding 
 the law if he cannot familiarize himself with the nature 
 of it). And, besides, as this prevents oppression on the 
 one hand (the only trouble is it doesn't), so on the other 
 it stifles all hopes of impunity or mitigation (the only 
 trouble is it doesn't) ; with which an offender might flatter 
 himself (which he does) if his punishment depended on 
 the humor or discretion of the court (but not to any con- 
 siderable extent if it depended on the unbiased opinion 
 of a jury which could not be "packed"). Whereas, where 
 an established penalty is annexed to crimes, the criminal 
 may read (after it is too late to prevent the "crime") 
 their certain (or possible) consequence in that law (pro- 
 vided he can find it, and there is not an infinite amount 
 of other law to nullify or modify it) ; which ought to be 
 (but cannot be) the unvaried rule, as it is the inflexible 
 (when not flexible) judge of his actions. 
 
 P. 303. The quantum (amount), in particular, of 
 pecuniary fines neither can nor ought to be ascertained 
 by an invariable law (just what anarchists say). The 
 value of money itself changes from a thousand causes; 
 and, at all events, what is ruin to one man's fortune may 
 be matter of indifference to another's. Thus the law of 
 the twelve tables at Eome fined every person that struck 
 another five-and-twenty denarii; this, in the more opulent 
 days of the empire, grew to be a punishment of so little 
 consideration that Aulus Gallius tells a story of one Lucius 
 Neratius who made it his diversion to give a blow to 
 
156 The Akarchist Constitution. 
 
 whomsoever he pleased (he wouldn't do it often in an 
 anarchistic country), and then tender them the legal for- 
 feiture. 
 
 P. 304. When sentence of death, the most terrible 
 (only because they couldn't think of anything more so) 
 and highest (or most "cowardly/' according to the mean- 
 ing of the word as applied to Leon Czolgosz) judgment in 
 the laws of England, is pronounced the immediate insep- 
 arable consequence from the common law is attainder (to 
 punish his innocent family). For when it is now clear 
 beyond all (legal) dispute, that the criminal is no longer 
 fit to live (which cannot be said of any) upon the earth 
 (but only in Heaven — if he has repented), but is to be 
 exterminated as a monster and a bane to (in) human 
 society, the law sets a note of infamy upon him (and his 
 innocent family), puts him out of its protection (which 
 never has amounted to much), and takes no further care 
 of him ( it was mighty little it took of him before, ex- 
 cept to bleed him) than barely to see him executed (which 
 sight it seems to enjoy hugely). 
 
 P. 305. But her (the wife's) dower is forfeited by 
 the express provision of statute 5 & 6 Edw. VI, c. II, and 
 yet the husband shall be tenant by the courtesy (heir by 
 survivorship for life) of the wife's lands if the wife be 
 attainted of treason; for that is not prohibited by the 
 statute. But, although after attainder the forfeiture re- 
 lates back to the time of the treason committed, yet it does 
 not take effect unless an attainder be had, of which it is 
 one of the fruits; and therefore if a traitor dies before 
 judgment pronounced (so as to tempt him to com- 
 mit suicide if merely accused out of persecution), or is 
 killed in open rebellion, or is hanged by martial law, it 
 works no forfeiture of his lands ; for he never was attainted 
 of treason. But if the Chief Justice of the king's bench 
 (the supreme coroner of all England) in person, upon 
 view of the body of one killed in open rebellion, records 
 it and returns the record into his own court, both lands 
 
The Anarchist Constitution. 157 
 
 and goods shall be forfeited. * * * Such forfeiture. 
 moreover, whereby his (innocent) posterity must suffer 
 as well as himself, will help to restrain (such) a man (as 
 would not likely do a wrong act unless driven to it) not 
 only by the sense of his duty (a man with a proper sense 
 of duty is not generally addicted to doing wrong) and 
 dread of personal punishment (of others), but also by his 
 passions and natural affections (which are not a proper 
 subject of punishment, but rather of commendation) ; and 
 will interest every dependent and relation he has to keep 
 him from offending (from mercenary motives only) : 
 
 And, therefore, Aulus Cascellius, a Eoman lawyer in 
 the time of the triumvirate (like Morgan, Harriman and 
 McKinley), used to boast that he had two reasons for 
 despising the power of the tyrants; his old age and his 
 want of children; for children are pledges to the prince 
 of the father's obedience (and the man who is a party to 
 looking upon innocent children as pledges for the behavior 
 of others, or supports the law that does it, is the worst of 
 all criminals. How many thousand men's children in the 
 United States are looked upon as pledges for their fathers' 
 obedience to the trusts they slave for?). 
 
 P. 306. On the other hand, the Macedonian law ex- 
 tended even the capital punishment of treason, not only 
 to the children, but to all the relations of the delinquent ; 
 and of course their estates must be also forfeited, as no 
 man was left to inherit them. And in Germany by the 
 famous golden bulle (copied almost verbatim from Justi- 
 nian's code), the lives of the sons of such as conspire to 
 kill an elector are spared, as it is expressed, by the em- 
 peror's particular lounty. But they are deprived of all 
 their effects and rights of succession, and are rendered 
 incapable of any honor, ecclesiastical or civil; "to the end 
 that, being always poor and necessitous, they may forever 
 be accompanied by the infamy of their father; may lan- 
 guish in continual indigence (how many Americans lan- 
 guish in continual indigence whose fathers, as well as 
 
158 The Anaechist Constitution. 
 
 themselves^ have led the best life their opportunities would 
 permit) ; and may find (says the merciless edict) their 
 punishment in living and their relief in dying." 
 
 P. 312. Eeprieves may also be ex necessitate legis (out 
 of legal necessity) ; as^ where a woman is capitally con- 
 victed and pleads her pregnancy; though this is no cause 
 to stay the judgment;, yet it is to respite the execution till 
 she be delivered. This is a mercy (who'd have thought 
 it?) dictated by the law of nature^ in favorem yrolis (in 
 favor of the unborn child) ; and therefore no part of the 
 bloody proceedings, in the reign of Queen Mary, hath been 
 more justly detested than the cruelty that was exercised 
 in the island of Guernsey of burning a woman big with 
 child (what a pity there was no anarchist present) ; and 
 when, through the violence of the flames, the infant 
 sprang forth at the stake, and was preserved by the by- 
 standers, after some deliberation of the priests, who as- 
 sisted at the sacrifice, they cast it again into the fire as 
 a young heretic (Oh! for a ^^cowardly" Leon Czolgosz 
 there about that time. If there wouldn't have been one 
 dead professor of the soul directions there surely would 
 have been more). 
 
 P. 313. Law (says an able writer) cannot be framed 
 on principles of compassion to guilt; yet justice, by the 
 constitution of England, is bound to be administered in 
 mercy (to the few. Justice and mercy are incompatible 
 one with the other. If I deserve punishment and you 
 mercifully relieve me from it you rob justice to that extent. 
 If I do not deserve it, and am relieved from it, it is not 
 mercy but simple justice. Mercy we do not want, but 
 justice we demand — vainly). 
 
 P. 314. This is indeed one of the great advantages of 
 monarchy (the word means but one man of precedence) 
 in general above any other form of government (or mis- 
 government) ; that there is a magistrate, who lias it in his 
 power to extend mercy (and he generally does it — to \.\\o 
 few), wherever he thinks it is deserved (mercy, being a 
 
The Axaechist CoxsTiTUTioy. 159 
 
 disposition to treat an offender better than he deserres. can- 
 not be deserved) ; holding a court of equity (can he mean 
 justice; if so, all are equally entitled to such benefit) in 
 his own breast (the worst conceivable place) to soften the 
 rigor of the general law (it would certainly stand soften- 
 ing) in such criminal cases as merit an exemption from 
 punishment (at least 99 per cent of them). 
 
 P. 325, This remarkable event (the Xorman conquest) 
 wrought as great an alteration in our laws as it did in 
 our ancient line of kings ; and though the alteration of the 
 former was effected rather by the consent of the people 
 (they didn't often get a chance to give much consent) 
 than any right of conquest,, yet that consent seems to have 
 been partly extorted by fear (like our consent of the Fili- 
 pinos to submit to our government), and partly given with- 
 out any apprehension of the consequences which after- 
 wards ensued (same as usual). 
 
 P. 326. Another violent alteration of the English con- 
 stitution (which was only the common law) consisted in 
 the depoptdation of whole counties, for the purposes of 
 the king's royal diversion; and subjecting both them and 
 all the ancient forests of the kingdom to the unreasonable 
 severities of forest laws imported from the continent, 
 whereby the slaughter of a beast was made almost as penal 
 as the death of a man (or the stealing of fifty cents for a 
 hungr}' wife). 
 
 P. 327. Both the divinity and the law of those times 
 were therefore frittered into logical distinctions (any thing 
 logical was most distasteful to Blackstone and to all law 
 manufacturers before and since), and drawn into meta- 
 physical subtleties with a skill most amazingly artificial 
 (how could skill be anything but artificial? But mental 
 skill has always been a menace to the partisans of the old 
 social compact and therefore disliked on general principles. 
 But, looking at it in the light that he evidently did, has it 
 not continued so down to the present day?) ; but which 
 serves no other purpose than to show the vast powers of 
 
160 The Anarchist Constitution. 
 
 the human intellect, however vainly and preposterously 
 employed. * * * statute after statute has in later 
 times been made to pare off these troublesome excrescen- 
 ces (to what purpose) and restore the common law to its 
 pristine simplicity (its simplicity was amazing) and vigor 
 (it was vigorous all right) ; and the endeavor has greatly 
 (note the greatly confession) succeeded; but still the scars 
 are deep and visible (all anarchists have ever wanted was 
 to strike out these "deep and visible" scars, though they 
 are fully aware it can only be done by an entirely new 
 social compact just as John Doe could only strike out the 
 patches from his pants, or even those only that are "deep 
 and visible," by throwing away the pants and getting a 
 new pair) ; and the liberality (their liberality was their 
 most striking characteristic — when dealing with the few) 
 of our modern courts of justice (of law, he meant) is fre- 
 quently obliged to have recourse to unaccountable fictions 
 (no "unaccountable fictions" for a poor man) and circuit- 
 ies (circuities in court are expensive, but they can still be 
 had) in order to recover that equitable and substantial 
 (though expensive) justice which for a long time was total- 
 ly (and still to a frightful extent) buried under the nar- 
 row rules and fanciful niceties (nearly as fanciful as in 
 America to-day) of metaphysical and Norman jurispru- 
 dence. 
 
 P. 328. The nation at this period seems to have 
 groaned (is there any groaning in America?) under as 
 absolute a slavery (some millionaire politicians maintain 
 there is no alavery in America to-day, but they carefully 
 avoid mention of our houses of prostitution and sweat- 
 shops, which of course, our constitution manufacturers 
 could not foresee, but rather prefer to tell about some full 
 — or fool — dinner pails) as was in the power of a warlike, 
 an ambitious (he wasn't referring to our martyred Wil- 
 liam) and a politic prince to create. 
 
 The consciences of men were enslaved (as J. Pierpont's 
 is to-day) by four ecclesiastics ( a light dose) devoted to 
 
The Anarchist Constitution. 101 
 
 a foreign power (as ours are to an imaginary one), and 
 unconnected with the civil state under which they lived 
 (without work), who now imported from Rome for the 
 first time the whole farrago of superstitious novelties 
 (amendments to the soul directions) which had been en- 
 gendered by the blindness and corruption of the times 
 (worse even than those of the present) between the first 
 mission of Augustin, the monk, and the Norman con- 
 quest; such as transubstantiation (still taught to our 
 children in kilt skirts FOR PAY), purgatory (likewise),, 
 communion in one kind (also likewise) and the worship 
 of saints and images (also likewise) ; not forgetting the 
 universal supremacy and dogmatical infallibility of the 
 holy see (also likewise). The laws, too, as well as the 
 prayers, were administered in an unknown tongue (this 
 was so that anarchists could not convince the people that 
 the laws were not what they were handed out to be. After- 
 wards found to be unnecessary as far as concerned the 
 laws for they were so numerous a man could not go through 
 them all in a life time). The ancient trial by jury (to- 
 day only a farce) gave way to the impious decision by 
 battle (w^hich is now misplaced by the modern legal bat- 
 tle, not quite so bad where both sides are evenly matched 
 financially). The forest laws totally restrained all rural 
 pleasures and manly recreations. And in cities and towns 
 the case was no better; all company being obliged to dis- 
 perse, and fire and candle to be extinguished, by eight at 
 night, at the sound of the melancholy curfew. The ulti- 
 mate property of all lands, and a considerable share of 
 the present profits, were vested in the king, or by him 
 granted out to his Norman favorites; who, by a gradual 
 progression of slavery, were absolute vassals to the crown, 
 and as absolute tyrants to the commons (something like 
 our American politicians to-day). Unheard of forfeitures, 
 talliages, aids and fines, were arbitrarily extracted from 
 the pillaged landholders (who paid nothing to the com- 
 munity for withholding its land), in pursuance of the new 
 
162 The Anarchist Constitution. 
 
 system of tenure. And, to crown all, as a consequence of 
 the tenure of knight-service, the king has always ready at 
 his command an army of sixty thousand knights or 
 milites; who were bound, upon pain of confiscating their 
 estates, to attend him in time of invasion, or to quell any 
 domestic insurrection (otherwise there would have been 
 lots of anarchists). Trade, or foreign merchandise, such 
 as it then was, was carried on by the Jews and Lombards, 
 and the very name of an English fleet, which king Edgar 
 had rendered so formidable, was utterly unknown to Eu- 
 rope; the nation consisting wholly of the clergy (soul di- 
 rectors), who were also the lawyers; the barons, or great 
 lords (or robbers) of the land; the knights, or soldiery, 
 who were the subordinate land-holders; and the burghers, 
 or inferior tradesmen, who from their insignificancy hap- 
 pily retained in their socage and burgage tenure, some 
 points (very few probably) of their ancient freedom 
 (freedom, then as now, was not to be confounded with li- 
 ■cense to express one's opinion of systemized robbery). All 
 the rest were villeins (or villians) or bondmen. 
 
 From so complete and well concerted a scheme of ser- 
 vility (we have never had a new social compact since then ; 
 only that same old one, then thousands of ages old, patched 
 up now and then, or rather incessantly), it has been the 
 work of generations for our ancestors to redeem themselves 
 and their posterity (Blackstone professed to believe this 
 redemption had been completed the same as our politi- 
 cians profess to believe this redemption has certainly gone 
 far enough now) into that state of liberty (thoy handed it 
 out that they then enjoyed liberty the same as it is handed 
 out to us to-day that we have liberty — though not "li- 
 cense" to do what we have a right to do) wliich we now en- 
 joy: and which therefore is not to be looked upon as con- 
 sisting of mere encroachments on the crown, and infringe- 
 ments on the prerogative (of the king) as some slavish 
 and narrow minded writers (won't our present political 
 writers be called slavish and narrow minded by future 
 
The Anarchist Constitution. 163 
 
 generations?) in the last century endeavored to maintain; 
 but as, in general, a gradual restoration of that ancient 
 constitution, whereof our Saxon forefathers had been un- 
 justly deprived, partly by the policy, and partly by the 
 force of the Norman. 
 
 P. 330. Richard the First, a brave and magnanimous 
 prince, was a sportsman as well as a soldier ; and therefore 
 enforced the forest laws with some rigor ; which occasioned 
 many discontents among his people (enforcement of the 
 law has always occasioned discontent. Why?) : though 
 (according to Mathew Paris) he repealed the penalties of 
 castration (such was the law), loss of eyes and cutting off 
 the hands and feet, before inflicted on such as trans- 
 gressed in hunting; probably finding that their severity 
 prevented prosecutions (no lawful prosecutions could be 
 prevented without anarchists. All who are not anarchists 
 must be satisfied to have the law enforced, whatever be the 
 law). 
 
 P. 334. In the reign of King Henry the Seventh his 
 ministers (not to say the king himself — his own parenthe- 
 sis) were more industrious in hunting out prosecution 
 upon old and forgotten penal laws, in order to extort 
 money from the subject (something like San Francisco's 
 attempt under the administration of multi-millionaire 
 Jimmie Phelan to tax prostitutes, under the alternative of 
 being prosecuted and fined, for the benefit of the city treas- 
 ury in the custody of the politician "push"), than in fram- 
 ing any new beneficial laws. For the distinguishing char- 
 acter of this reign was that of amassing treasure in the 
 king's coffers by every means that could be devised: and 
 almost every alteration in the laws, however salutary or 
 otherwise in their future consequences, had this and this 
 only for their great and immediate object. To this end 
 the court of star-chamber was new-modelled and armed 
 with powers the most dangerous and unconstitutional over 
 the persons and properties of the subject. 
 
 P, 335. It must be^ however, remarked that (partieu- 
 
164 The Anarchist Constitution. 
 
 larly in his latter years) the royal prerogative was then 
 strained to a very tyrannical and oppressive height: what 
 was the worst circumstance, its encroachments were estab- 
 lished by law, imder the sanction of those pusillanimous 
 parliaments (will future generations call our Congress of 
 to-day pusillanimous?), one of which, to its eternal dis- 
 grace, passed a statute whereby it w^as enacted that the 
 king's proclamations should have the force of acts of par- 
 liament; and others concurred in the creation of that 
 Amazing heap of wild and new fangled treasons, which 
 Avere slightly touched upon in a former chapter (something 
 like that upon which Johann Most was convicted in New 
 York and, on Oct. 4th, 1901, sentenced to one year's im- 
 prisonment for publishing a QUOTATION" from an arti- 
 cle published at times in the United States without being 
 treason for fifty 3^ears past). 
 
 Happily for the nation, this arbitrary reign was suc- 
 ceeded by the minority of an amiable prince; during the 
 short sunshine of which great part of these extravagant 
 laws were repealed (anarchists would go them one better 
 and, instead of repealing the "great part," would repeal 
 all extravagant laws even though the only way that it can 
 be done is to repeal all law and then enact such few simple 
 laws as are necessary). And, to do justice to the shorter 
 reign of Queen Mary, many salutary and popular laws, 
 in civil matters, were made under her administration: 
 perhaps the better to reconcile the i)eople to the bloody 
 measures which she was induced to pursue for the re-estab- 
 lishment of religious slavery: the well concerted schemes 
 for effecting which were (through the Providence of God) 
 defeated by the seasonable accession of Queen Elizabeth. 
 
 P. 337. Though a notion of general liberty had strong- 
 ly pervaded and animated the whole constitution, yet the 
 particular liberty, the natural equality, and personal in- 
 dependence of individuals, were little regarded or thought 
 of; nay, even to assert them was treated as the height of 
 
The Anarchism Constitution. 165 
 
 sedition (as it was in America for two months afterMcKin- 
 ley's assassination) and rebellion. 
 
 P. 342. To sustain, to repair (or patch), to beautify 
 this noble pile (the common law of England), is a charge 
 intrusted principally to the nobility (about as good people 
 to entrust it to as Mark Hanna), and such gentlemen of 
 the kingdom as are delegated by their country to parlia- 
 ment. The protection of the LIBERTY OF BRITAIN 
 is a duty which they owe (and seem but little disposed to 
 recognize) to themselves, who enjoy it; to their ancestors, 
 who transmitted it down; and to their posterity, who will 
 claim (no harm in claiming) at their hands this, the 
 best birthright, and noblest inheritance of mankind (poor 
 mankind ! ) . 
 
 The end of the fourth (last) book. 
 
CHAPTER VII. 
 
 "The Ballot, Not the Bullet, the American Way." 
 
 "The ballot, not the bullet, is the American way," was 
 the cry that went up from Maine to California last 
 September. The ballot, not the bullet, is certainly the 
 proper way but — 
 
 What we want is results. True, results can not be ob- 
 tained by the bullet except by the stronger side — the side 
 that has the most bullets, so to speak. Ordinarily and 
 under an}i;hing like normal conditions that side could 
 win by the ballot as well as by the bullet, and at a great 
 deal less cost. Therefore the most important considera- 
 tion is to see to it that the ballot shall be the means by 
 which controversies are to be determined, and that this 
 means shall not be superseded by the bullet. If this is to 
 be our object we MUST take a cool and unimpassioned 
 view of conditions as they are ; see if there is a growing im- 
 pression that the ballot has become a farce or a delusion; 
 see if it has gone under the control and manipulation of a 
 few who are able and anxious to defeat the very object for 
 which it was (ostensibly) established. It is not asserted 
 here that such is the case but only that such is certainly 
 possible. If it is the case, certainly we should not shut our 
 eyes to the facts and refuse to believe it. All people, 
 anarchists and partisans of the archives alike, are vitally 
 interested in preserving a peaceful method of settling all 
 controversies and differences. When the ballot was es- 
 tablished in America it proved fairly satisfactory and 
 everybody, ALL anarchists included, bowed in submission 
 to the dictum of the majority, in spite of the fact that they 
 were never permitted the use of the ballot to express their 
 opinion as to the form of government they were willing 
 
The Anarchist Constitution. 167 
 
 to submit themselves to or even whether they wanted any 
 government at all or not. They tolerated it as a sufficient- 
 ly satisfactory way of selecting people to "soften the rigor" 
 (as Blackstone puts it) of the hard government their lead- 
 ers had given them when in a weakened condition as a sub- 
 stitute for the worse one they had rebelled against. Mc-« 
 Kinley^s death was the first assassination by an anarchist 
 in the United States and no attempt at an assassination 
 by an anarchist in the United States ever occurred before 
 the life of the present generation. For more than a hun- 
 dred and ten years no anarchist ever attempted to assass- 
 inate any government official in the United States. Yet 
 within the past six months the attention of the entire na- 
 tion has been taken up with proposed legislation look- 
 ing only to protection of government officials from anar- 
 chists. Can any one imagine that legislators, be they 
 honest or dishonest, would devote their energies to enact- 
 ing such legislation did they not have reason to fear that 
 the temper of the people is changing greatly? If such 
 is the case, the most proper and natural question to ask. 
 and issue to face, fairly and squarely without fear is, 
 WHY? 
 
 No attempt will be made here to give what IS the rea- 
 son, nor what are the reasons if there are more than one 
 But an attempt will be made in this chapter to show what 
 MIGHT BE the reason, or one of them if there are more 
 than one, and how the ballot possibly could he subverted 
 into a mere delusion; which alone might account for a 
 desperate and ugly temper in a great proportion of the 
 people if not, indeed, in the great majority. If any one de- 
 sires to learn of more reasons to account for such desper- 
 ation, the Hearst newspapers will portray them in abun- 
 dance. 
 
 Suppose we have a state of society in an absolutely nor- 
 mal condition or at least so nearly normal that no one can 
 discern any abnormal or unjust conditions. All are equal, 
 or nearly so, in wealth and standing and all have about 
 
168 The Anarchist Constitution. 
 
 equal opportunities. All differences in opinion are settled 
 by ballot and each ballot is an independent, unselfish ex- 
 pression of opinion. There is no organization of a few 
 organized so as to make the ideas and efforts of a few 
 more effective, by means of their organization and union, 
 than the ideas and efforts of the many. Everybody has 
 ample opportunity to provide for his wants and the people 
 are as happy as people can be. 
 
 In this condition of society a happy thought occurs to 
 some few to unite their efforts and co-operate with one an- 
 other. No one could possibly think of denying them their 
 right to do so. They can produce more wealth with less ef- 
 fort by so doing than otherwise and why should such right 
 be denied them as long as they do not deny others the same 
 right or prevent those others from producing as before? 
 There is no reason. They call themselves a corporation. 
 Owing to their union and co-operation, each one exerting 
 one-half the effort previously made could produce the 
 same amount of wealth as before, notwithstanding the 
 fact that no one going into the corporation has any more 
 accumulated wealth or capital than has each of those who 
 do not go into the corporation. But the people are all in- 
 dustrious, as well those who go into the corporation as 
 those who do not. Each one who goes into the corporation 
 does as much work as before. The members of the corpor- 
 ation produce twice as much wealth as they did before 
 and twice as much as the same number of people who are 
 not members of any corporation, though only doing the 
 same amount of work. They are none of them accustomed 
 to luxuries and extravagant living. The members of the 
 corporation have no occasion to spend more than 75 per 
 cent of the wealth they produce. They save 25 per cent 
 of it (that small part which is not perishable) and still 
 consume, each one, 50 per cent more than another man 
 can produce. They accumulate capital (represented by 
 mills, factories, machinery, etc.) with which they find they 
 can produce even a greater amount of wealth with a still 
 
The Anarchist Constitutioin . 169 
 
 less expenditure of energy. It was easy to start that cor- 
 poration. It was a natural thing to do. It was easier for 
 the men who constituted that corporation, and required 
 less expenditure of energy, to produce successfully more 
 wealth than their fellow men than it was for their fellow 
 men not in the corporation to produce the less amount. 
 It was a step in the advancement of the human race. At 
 first, men were dubious as to such a radical undertaking 
 and did not deem it worthy of any consideration. But 
 results spoke for themselves. Men became either jealous 
 or envious (call it ambitious if you please) and wanted 
 to do the same thing themselves. Certainly they had the 
 right to do so (there were no patent or copyright laws to 
 insure the incorporators the sole benefit of their ideas of 
 co-operation) and some others started a corporation of 
 the same kind. But conditions were no longer absolutely 
 normal. Corporation No. 1 was well organized and its 
 members had become accustomed to being looked upon as 
 a superior class. They wanted to be above their fellows. 
 With their vast accumulated capital (mills, factories, ma- 
 chinery, etc.) they could produce more than twice as much 
 with the same expenditure of energy, as the members of 
 corporation No. 2 and four times as much as the members 
 of no corporation at all. They did not want corporation 
 No. 2 to do what they were doing. Why? Because al- 
 ready they had found that they could have individuals not 
 members of any corporation do the work of providing 
 wealth for the corporation and pay those individuals a 
 little more than the individuals could produce by them- 
 selves and retain as much or more for themselves, without 
 doing any work, as profit. But could they retain a monop- 
 oly of co-operation? They might try. They would, and 
 did, offer to the members of corporation No. 2 more wages 
 than the members of corporation No. 2 could make, even 
 with their co-operation but without accumulated capital, 
 and consequently more than double what individuals not 
 iji any corporation could make. Of course the offer was 
 
170 The Anarchist Constitution. 
 
 accepted. But as soon as it began to be known that the 
 individuals who started corporation No. 2 were employed 
 by corporation No. 1 at wages amounting to more than 
 double what individuals could make^ of course corporation 
 No. 3 was immediately formed. And corporations Nos. 
 
 4 and 5 followed in quick succession. Now, even with its 
 vast accumulation of capital (and machinery) corporation 
 No. 1 could not employ all the incorporators of new corpor- 
 ations at wages amounting to more than they could make 
 by co-operation and they gave up in despair trying to 
 prevent the formation of new corporations by employing 
 the incorporators at wages amounting to more than they 
 could make by such co-operation and confined themselves 
 to employing individuals who did not go into corporations 
 at wages amounting to just a trifle more than they could 
 produce as individuals. Of course corporations Nos. 4 
 and 5 were successful, thougli not so much so as corpora- 
 tion No. 1, which had the greatest amount of accumulated 
 capital. But as the members of corporations Nos. 4 and 
 
 5 did better than they could possibly have done as individ- 
 uals, new corporations were formed in such rapid succes- 
 sion that it looked as though every man would soon be in 
 a corporation ; which certainly would and should have been 
 the case but something must be done to prevent that or 
 else corporations will not be able to employ any individ- 
 uals at wages just a trifle in excess of what they could pro- 
 duce as individuals. If corporations can not employ in- 
 dividuals and make them produce for the corporation 5> 
 more wealth than their wages amount to and retain the 
 surplus for the members of the corporations to live upon 
 without work all members of corporations would have to 
 do the work necessary for the production of wealth for 
 tliemselves, as was the case in the early stage of the career 
 of corporation No. 1. But these meml)ers of corporations 
 have become accustomed to looking upon themselves as 
 being too strong to work. Something must be done. And 
 it must be something that is not incompatible with the 
 
The Anarchist Constitution. l*^! 
 
 idea that the members of the corporations are too strong 
 to work. Certainly somebody must work. Therefore 
 the something that must be done must be something that 
 will make it impossible for all to get into corporations. 
 Now an opportunity to get into a corporation is all right. 
 There is nothing wrong about taking advantage of an op- 
 portunity to get into a corporation. Consequently there 
 is nothing wrong about allowing the people such opportu- 
 nities. PEOVIDED, of course, that all people's rights 
 are not equal. And, even if all people's rights are equal, 
 there can be nothing wrong about extending those oppor- 
 tunities to the people PEOVIDED those opportunities are 
 extended to all alike. But, if those opportunities are ex- 
 tended to all alike, all alike will take advantage of them 
 since the people's earning capacity is, at least, doubled 
 thereby from the start without accumulated capital and 
 continues to multiply by a constantly growing multiplier 
 as the corporation's accumulated capital increases, which 
 capital continues to increase as does the age of the corpor- 
 ation. If all had equal opportunity to go into a corpor- 
 ation and all went into a corporation that corporation 
 would certainly constitute society as a whole — socialism. 
 But that would be incompatible with the idea that some 
 are too strong to work. Therefore some means MUST 
 be found which will prevent all people from going into 
 corporations. But what is a corporation? It is a body 
 of individuals combining for co-operation. Why not 
 combine all the existing Corporations, or at least the prin- 
 cipal ones, as so many individuals into a grand corporation 
 (trust) and thereby multiply the producing capacity of 
 a given amount of labor as the producing capacity of a 
 given amount of labor was multiplied by the formation 
 of the first corporation? This would still preserve the 
 idea that some are too strong to work and all of those 
 in the trust would be the ones to be too strong. It would 
 have the additional advantage of enabling the grand cor- 
 poration, by combining the capital of all the individual 
 
172 The Anarchist Constitution. 
 
 corporations under one management, to employ all individ- 
 uals disposed to go into any new corporation at wages just 
 a trifle in excess of the amount that such individuals could 
 produce by their co-operation in a new corporation without 
 accumulated capital and thus prevent the formation of 
 new corporations and maintain the supply of individuals 
 to work for the old ones. We saw that this very thing 
 succeeded when corporation No. 2 was formed and failed 
 wlTen corporations Nos. 3, 4 and 5 were formed. Why 
 did it fail then? For but one reason. Corporation No. 1 
 had not yet accumulated a sufficient amount of capital 
 (in niills, factories, machinery, etc.) to put to work all 
 those disposed to go into corporations at wages a trifle in 
 excess of what they could produce by their co-operation 
 without capital. It is different now with the grand cor- 
 poration. Their capital is unlimited. Their power is al- 
 mighty. They may have to pay for awhile wages amount- 
 ing to a trifle in excess of what their employees could pro- 
 duce as individuals and even for a time what their em- 
 ployees could produce by co-operation without capital. 
 But they even tire of this and cease to do it. Some then 
 cease to work for the grand corporation and undertake to 
 start a corporation of their own. The grand corporation 
 denies them the right and in a thousand ways that no one 
 who has ever tried it needs to have explained to him makes 
 it impossible for the new corporation to "do business"; 
 that is, produce wealth. And those who undertook to pro- 
 duce wealth by co-operation in the new corporation were 
 simply compelled to go to work again for the grand cor- 
 poration and this time for wages such as the grand corpor- 
 ation saw flt to pay. 
 
 But what has this to do with elections? 
 
 The people during all of this period of transition from 
 a state of equality, happiness and contentment to a state 
 of society composed wholly of castes have gradually, slowly 
 at first, but more and more rapidly as the dividing line 
 between castes became more pronounced, engendered op- 
 
The Anarchist Constitution. 173 
 
 position to corporations in general and ESPECIALLY to 
 grand corporations in particular. 
 
 And they had the ballot all the time ! 
 
 Now if the people as a whole, or as a people, were almost 
 a unit in their opposition to these grand corporations and 
 they developed to such an extent that practically the entire 
 community was composed of the members of those cor- 
 porations who lived without work and the employees who 
 lived without wealth except what little the grand corpora- 
 tions in their charity (not an over-abundant one) saw fit 
 to bestow upon them as a reward for faithful service, and 
 this all occurred notwithstanding the people had the ballot 
 all the time, it is only reasonable to suspect that there 
 must have been some hitch somewhere in that ballot and 
 it became the painful duty (a duty which could not be 
 shirked) to do some thing or rather some things. 
 
 First, it was necessary to investigate that ballot and 
 see if it was just what the grand corporations represented 
 it to be — see if there was any hitch. 
 
 Second, it was necessary to find out how many hitches 
 there were and where. 
 
 Third, it was necessary to remedy those hitches if possi- 
 ble and 
 
 FOURTH, if those hitches could not be remedied by the 
 people — well, we'll leave that to the people. 
 
 First, the work of investigating that ballot and finding 
 out if it was what the grand corporations rex)resented it 
 to be was easy. At the first tap of the hammer it sounded 
 hollow. 
 
 Second, the work of investigation became difficult. 
 Many hitches or defects were found on the surface and 
 those were easily remedied. But as fast as they were rem- 
 edied more defects were discovered — and faster. At last 
 it became so common to find new defects that the an- 
 nouncement of a new discovery of a great defect scarcely 
 occasioned so much as a comment. The old ballot system 
 seemed to be rotten in the core. 
 
1'}'4 The Anarchist Constitution. 
 
 Third, it became the regular recreation of a large per- 
 centage of the people to remedy hitches simply for amuse- 
 ment as fast as they had the inclination so to do, taking 
 them in the inverse order of their importance. 
 
 FOURTH, left to the people. 
 
 The attempt to show what MIGHT BE the reason for 
 the great change in the temper of the people is deemed to 
 have gone far enough and it only remains now to attempt 
 to show how the ballot possibly could be subverted into a 
 mere delusion which would account for the contempt witli 
 which it is looked upon generally by anarchists and parti- 
 sans of the archives alike, politicians alone excepted. 
 
 Suppose again the first ideal state of society already 
 mentioned in this chapter and the subsequent development 
 just outlined of corporations, grand corporations and 
 trusts, with the concurrent development of opposition to 
 . such corporations. The few members of those corpora- 
 tions, or stockholders, who are too strong to work realize 
 the opposition of the people towards those corporations 
 and fear the people may by means of their ballot by an 
 overwhelming vote stop the growth, or even the existence, 
 of that system in which at first there was no apparent or 
 considerable injustice but which has developed into a sys- 
 temized, well concerted scheme of slavery in disguise. 
 They realize that if they are to retain their position as 
 a superior and ruling class — an upper caste — they must 
 prevent the natural exercise of that power represented in 
 the ballot. They constitute about the tenth part of one 
 per cent of the population. Something must be done to 
 make the voice of that one-tenth part of one per cent of the 
 people at least equal to the voice of the other ninety-nine 
 and nine-tenths per cent of the people. They cannot vote 
 a thousand times while oth(M's are voting once, merely be- 
 cause they own a thousand times as mucli wealth, 
 man for man, because the possession of the ballot 
 means that every man has equal possession of 
 the ballot; has an equal number of votes. At one stage 
 
The Anarchist Constitution. 175 
 
 of the development they were a sufficiently large propor- 
 tion of the people so that their votes combined with the 
 votes of those who could be co-erced into voting for them 
 were sufficient to counter-balance those who voted intelli- 
 gently against them. Those who voted unintelligently 
 were disregarded as they were about equally divided on 
 matters of no consequence for which reason their votes 
 were absolutely devoid of effect. But as the conditions 
 became more acute, the unintelligent votes became less in 
 proportion. Co-ercion of a sufficiently large number to 
 swing the^ balance of power became correspondingly more 
 difficult and expensive and was engendering an ugly tem- 
 per that could not be ignored. Certainly it could not be 
 extended to keep pace with the growing acuteness of the 
 a1)nornuil and unjust conditions. Something must be 
 done to, in large part, take the place of coercion. If 
 necessary, the corporations and grand corporations can 
 support one per cent of the people for the sole purpose 
 of keeping the other ninety-nine per cent from using their 
 ballot to any purpose as against the corporations and grand 
 corporations. * 
 
 Can one per cent of the people prevent ninety-nine per 
 cent of the people from accomplishing their purpose by 
 means of the ballot? 
 
 That is a question that should certainly be properly de- 
 termined, for if such should be found to be the case the 
 ballot is then no longer to be relied on, but merely a tool 
 in the hands of the small minority to enable them to en- 
 slave the great majority. And IF SUCH IS FOUND TO 
 BE THE CASE the great majority are then simply bind- 
 ing upon themselves and their children, the shackles of 
 slavery when they bow in submission to the result of the 
 ballot. They certainly could not do so in the ideal state 
 of society mentioned in this chapter as the starting point 
 nor could they under an anarchistic, socialistic or any 
 other NORMAL state of society, any more than one hun- 
 dred men could defeat one thousand men in a battle under 
 
176 The Anarchist Constitution. 
 
 conditions which, except as to numbers, are equally burden- 
 some or advantageous to both sides. But we know that 
 under some conditions one hundred men (small men, too, 
 at that) can easily defeat a thousand giants, and that even 
 when they are equally well armed. We know that a com- 
 pany of one hundred well-drilled soldiers under the com- 
 mand of a captain (one mind) can easily defeat in open 
 battle an unorganized mob of one thousand of the most 
 perfectly developed specimens of mankind the world ever 
 produced. Could it be possible that the grand corporations 
 could organize and discipline an army of well-drilled poli- 
 ticians composed of but one per cent of the people which, 
 by means of its organization and machine-like work, could 
 defeat for pay, OE OTHER GAIN IN LIEU THEEEOF, 
 the other ninetj^-nine per cent of the people when the 
 whole one hundred per cent are armed with the ballot? 
 In the fight of the one company of one hundred well-drilled 
 soldiers against the unorganized mob of one thousand per- 
 fect specimens of manhood the one company would in all 
 probability be victorious if both sides were alike armed 
 with muskets and bayonets only, without ammunition, but 
 imagine how easy it would be if the one company were 
 armed w^ith ammunition also, but the unorganized mob 
 of one thousand had no powder. In such case the entire 
 one thousand men MIGHT BE at the absolute mercy of 
 just one little squad of ten soldiers under the command of 
 a corporal — assuming the little squad of ten soldiers had 
 plenty of ammunition. Could it be possible that a well- 
 disciplined army of trained politicians might have some 
 ammunition, too, in addition to the ballot? 
 
 These are only questions, not assertions. The answers 
 are left for the people to find for themselves. 
 
 Now, let us take one little glimpse of a present day polit- 
 ical ballot campaign. 
 
 This little book has already extended to a far greater 
 length than was originally intended, and consequently the 
 whole political field can not be surveyed, but an example 
 
The Anarchist Constitution. 177 
 
 can be taken from a municipal campaign, as that is simpler 
 and more familiar to the people than one of a greater ex- 
 tent. State and national campaigns are practically of the 
 aame character. 
 
 The time for a municipal election approaches. One per 
 cent of the people (merely continuing with the supposi- 
 tion), who appreciate that the grand corporations will help 
 those who help them, are well organized in a clique of poli- 
 ticians, whose aim is to help the grand corporations. Say 
 there are a hundred thousand men citizens of San Fran- 
 cisco. One thousand, or one per cent, of them are in the 
 San Francisco regiment of the grand corporations' politi- 
 cal army. The first battalion is in the Republican party, 
 the second battalion in the Democratic party and the third 
 battalion doing stunts or making feints to deceive the 
 enemy. The colonel commanding the regiment calls his 
 lieutenant colonel and majors together, and they discuss 
 the plans of the first battle to be waged at the primaries 
 against the UNORGANIZED mob of ninety-nine per 
 cent of the people, or citizens, who can vote. The com- 
 manding general has transmitted to the colonel sealed 
 orders naming John Doe and Richard Roe as two confiden- 
 tial agents in whom the grand corporations have implicit 
 confidence. There is also a list of a number of others in 
 whom the grand corporations have great confidence. It is 
 settled that John Doe shall be elected as Republican mayor 
 or Richard Roe as Democratic mayor — preferably either. 
 The major of the first battalion calls his captains together 
 and they discuss plans for the election of John Doe as 
 mayor. The major of the second battalion does likewise 
 for Richard Roe. The major of the third battalion calls 
 his captains together and THEY discuss plans for attract- 
 ing the attention of the enemy by a grand-stand play by 
 any one of half-a-dozen different maneuvers — such as a 
 good government club, a non-partisan ticket composed of 
 the "best" candidates selected from the Republican and 
 Democratic parties ; a quasi endorsement of some radical 
 
178 The Anarchist Constitution. 1 
 
 party on a self-evident absurdity, so as to build up a man 
 of straw to be annihilated in the coming sham battle: a 
 half-hearted endorsement and empty promise of support 
 for some sound sense radical party ; or a conglomeration of 
 all these and others. Companies A, B and C are in the 
 first battalion. The captain of Company A calls his lieu- 
 tenants together and they get up a "ticket," to be voted for 
 at the primaries as delegates to the Eepublican municipal 
 convention. This ticket, together with a glowing recital 
 of the immaculate virtue of every person whose name ap- 
 pears thereon and every person for whom they will vote 
 to nominate, is mailed, perhaps two or three times over, 
 to every voter. Of course a good many of the ninety-nine 
 per cent will vote for those proposed delegates Avhose names 
 are on this ticket, but not a single soldier of the San 
 Francisco regiment of the grand corporation's army of 
 politicians will vote for a single one of them. The captain 
 of Company B does likcAvise, but not a single soldier will 
 vote for any one of B company's ticket of proposed dele- 
 gates to the Eepublican municipal convention. The cap- 
 tain of C company does likewise, and not only does every 
 soldier of the first battalion vote for the C company's 
 ticket of delegates to the municipal convention, but in ad- 
 dition to voting each soldier in the whole regiment works 
 on every Republican to get him to vote for C company's 
 ticket. And he WORKS. That's his business. He is not 
 an amateur politician nor a mere citizen casting a ballot 
 as an honest and unselfish expression of HIS OWN opin- 
 ion. Soldiers are not supposed to have opinions. They 
 accept, like machines, without thought or question, the 
 directions given them. Companies D, E and F belong to 
 the second battalion, and they do the same for the Demo- 
 cratic party that the first battalion did for the Republican 
 party. There is no such thing as describing all the stunts 
 or feints of the third battalion. They are guerrillos. 
 scouts, spies, etc. They act as occasion demands. The 
 ninety-nine per cent of the people are unorganized and 
 
THEf Anarchist Constitution. 179 
 
 consequently there is no unity of choice with them as to 
 delegates for either the Republican or the Democratic con- 
 vention. They go to the primaries. Nothing reprehen- 
 sible about that. The San Francisco regiment is all dis- 
 guised as common citizens and those of the ninety-nine per 
 cent who go to the primaries do not know that there is a 
 San Francisco regiment which will elect certain delegates 
 to both conventions, having named all the tickets for 
 which there is any organized or united effort made, regard- 
 less of how many of the ninety-nine per cent go to the 
 primaries. Whoever votes for any ticket that has been 
 mailed to him votes for delegates named by the San Fran- 
 cisco regiment's officers. Whoever votes for any other dele- 
 gates votes alone, and there is no harm done. The officers 
 of the San Francisco regiment didn't name their tickets at 
 random. They selected their men. And whichever dele- 
 gates named on any of those tickets go to the convention, 
 they "nominate" John Doe in the Republican convention 
 and Richard Roe in the Democratic convention, because it 
 was solely for that purpose they were named on those tick- 
 ets. The first battalion, under the banners of John Doe. 
 and the second battalion, under the banners of Richard 
 Roe, are now ready to go into the grand and royal sham, 
 battle with all due solemnity. After the sham battle is 
 over the whole hundred per cent is given the opportunity 
 to vote — for what ? Why, to say which one of the grand 
 corporations' two confidential men shall be confidential 
 man. Of course, John Doe and Richard Roe are given 
 to understand that they must have some slight difference 
 of opinion on some trifling matter of no consequence — to 
 the corporations — ^to encourage the ninety-nine per cent to 
 take some interest in the battle. Or one or both of them 
 portray the terrors of domination by the grand corpora- 
 tions which shall surely continue in case the other is 
 elected. 
 
 Now, then, what must be done to change the situation in 
 this condition after it becomes pretty well known how it is 
 
180 The Anarchist Constitution. 
 
 carried on? You say, off-hand, organize. The third bat- 
 talion says to you organize. The third battalion will help 
 you. TheyVe been doing that ever since the San Francisco 
 regiment has been under the command of the command- 
 ing general. They go farther. They start a new organ- 
 ization as often as they think there is any use in it. And 
 they tell all of the ninety-nine per cent that the object of 
 that organization is to fight the whole grand corporations' 
 army, or, at least, the San Francisco regiment. The new 
 organization is always on the same foundation as the old 
 army, and some officer of the third battalion is to be com- 
 manding officer of the new regiment. This has been done 
 so often that it is taken for granted that every time it is 
 proposed to form a new regiment to fight the old one that 
 it is simply the third battalion of the old regiment doing 
 a stunt or making a feint. But if, perchance, any of the 
 ninety-nine per cent do start the formation of a new regi- 
 ment, before it is half started the whole political army of 
 the grand corporations mobilize at once for a united attack. 
 When their army was organized they had no army to fight. 
 It was easy. There is a well-organized army now to fight, 
 The organization of a new one is no child's play. If it is 
 attempted to organize it quietly so as to escape attack until 
 it has sufficient strength with which to meet such attack, 
 the mere consultation of a few organizers is immediately 
 discovered by the secret agents of the third battalion and 
 proclaimed as sedition, treason or "conspiracy" to over- 
 throw the "government." If Mr. Mexican Dan Burns, Mr. 
 Southern Pacific Herrin and Mr. Sugar Lord Spreckels 
 (more properly known as the son of his dad) meet to- 
 gether in private conference to arrange the details of a 
 sham battle between two battalions of the San Francisco 
 regiment of the grand corporations' political army it is 
 only a political conference. If three or more insignificant 
 and harmless anarchists, who are heirs to no corporation 
 stock, meet together and discuss economics and social prob- 
 lems, it is at least suspicious of "conspiracy," and will bear 
 
The Anarchist CoNSTiTUTioy. 181 
 
 plenty of "shadowing" l)y men who get paid to do that kind 
 of work and not think. Xo man can afford to join thejii 
 who is afraid to be hounded and "shadowed" and have the 
 whole "push" liold him up to his fellow men as an enemy 
 of society and everything that is vile. True, there are some 
 men who know no fear and defy all powder on earth when 
 they clearly see their duty. And as conditions grow more 
 acute and more men become desperate, the number of 
 the men who know no fear increases. All men trust that 
 before that number increases greatly confidence may prop- 
 erly be re-established in the ballot. 
 
 Let the people vote on the issues of the day, for or 
 against government of a specified kind, without any sham 
 ])attles, and there will be, and can be, no desperate men. 
 anarchists or partisans of the archives, who could possibly 
 prefer the bullet, (and death for themselves) to the ballot. 
 
 Let the people have a vote on anarchy, a free ballot 
 without coercion and sham battles, and they'll have an 
 anarchistic administration under an anarchistic constitu- 
 tion before our little tots are old enough to vote on it — or 
 bow in peaceful submission (without bullets) to the will 
 of the majority, as the people of the United States well 
 and truly learned how to do long before the birth of the 
 oldest man on earth. 
 
 Give the people a chance to vote on whether or not to 
 do away with the old social compact and substitute there- 
 for a better one, and they "will demand it as vociferously 
 as you, the reader, would clamor for a new pair of pants in 
 place of ragged patches. 
 
 THE END. 
 
 P. S. — The author will be happy to communicate with 
 all who will ask any questions regarding the subject of 
 this book. 
 
INDEX. 
 
 Sec. 
 
 Addressing" Jury 50 
 
 Admissibility of Evidence 46 
 
 Adoption of this Constitution 223 
 
 Adviser, in the jury room 51 
 
 Advisers 37 
 
 Age of Consent 85 
 
 Ambassadors, etc., how appointed 170 
 
 Amendments 224 
 
 Appointments Annulled (federal) 6 
 
 Appointments Annulled (state) 10 
 
 Appointments, federal »". 
 
 .Appointments (by mayor) how annulled 14 
 
 Appointments, legislative or gubernatorial 10 
 
 Appointments, state 10 
 
 Appropriations, publications of 164 
 
 Army 27 
 
 Army, Commander-in-Chief 167 
 
 Attorneys 202 
 
 Attorneys, defendants entitled to 203 
 
 Attorney General, for each governor 154 
 
 Authors, enagagements of 32 
 
 Authors, rewards for 31 
 
 Bail 38 
 
 Bail Board 38 
 
 Bankruptcy 178 
 
 Bills, course of 135 
 
 Births, attendance of physician 94 
 
 Birth, complaint for failure to record 94 
 
 Birth, complaint for failure to subscribe to record of 94 
 
 Births, naming at 94 
 
 Births, recording- of 94-95 
 
 Birth, record of by affidavit 94 
 
 Birth, subscribing to record of 94-95 
 
 Bonds, of indemnity 113 
 
 Bonds, to be illegal 179 
 
 Burials 118 
 
 Business Enterprises, county and state 17 
 
 Business Enterprises, municipal 16 
 
 Business Enterprises, national 20-23 
 
 Cabinet, dismissal from 169 
 
 Cabinet, for the President 153 
 
 Cabinet, to be advisers only 169 
 
 Caucasians, to have sole right of admission 205 
 
 Census 129 
 
 Charge to Jury, by adviser • 50 
 
 Chief of Police, county seat and county at large 12 
 
 Chief of Police, not in county seat 12 
 
184 The Anarchist Constitution. 
 
 Sec. 
 
 Children, legitimacy of 89 
 
 Children, punishment of 54 
 
 Children, recording of 90 
 
 Children, support of 109 and 112 
 
 Cities and towns, what are 13 
 
 Citizenship 175 
 
 Code, adoption of 221 
 
 Coinage 15t 
 
 Compensation; advisers, clerks, etc ^ . 215 
 
 Compensation; ambassadors, ministers, consuls, etc 218 
 
 Compeifsation, county officers 214 
 
 Compensation, federal officers 218 
 
 Compensation, governors 216 
 
 Compensation, in municipal bodies 211 
 
 Compensation, legislators 216 
 
 Compensation, population less than 1,000 206 
 
 Compensation, population less than 10,000 207 
 
 Compensation, population less than 50,000 208 
 
 Compensation, population less than 200,000 209 
 
 Compensation, population more than 200,000 210 
 
 Compensation, President 218 
 
 Compensation; representatives, senators, cabinet officers. . 218 
 
 Compensation, state supreme court justices 217 
 
 Compensation U. S. Supreme Court justices 218 
 
 Complaints 38 
 
 Compulsory Process 183 
 
 Congress, always in session 122 
 
 Congress, branches of 3 
 
 Congress, constitution of 4 
 
 Congress, compulsory attendance and voting in 127 
 
 Congressional Districts 131 
 
 Congress, legislation of 134 
 
 Congress, plenary powers of 162 
 
 Congress, provision for 2 
 
 Congress, representation in 7 
 
 Congress, size of 130 
 
 Congress, vacations in 124 
 
 Consent 85 
 
 Constitutions and Laws, prohibited v 166 
 
 Continuation in force of constitution 225 
 
 Copyrights 30 
 
 Corporation Stock, purchase of 179 
 
 Corporations, to be illegal 114 
 
 County Clerk 12 
 
 County Funds 214 
 
 County Recorder (or clerk) 12 
 
 County Seat 12 
 
 Counties, what are 11 
 
 Court Decision, what is 46 
 
 Courts, county 35 
 
 Courts, federal 34 
 
 Crime, defining and fixing of penalty prohibited 33 
 
 Death, adding record of to birth record 97 
 
 Death Penalty, proliibited 73 
 
The Anarchist Constitution. 185 
 
 Sec. 
 
 Death, physician required at 96 
 
 Death, recording of 96 
 
 Debts, etc., continued validity of 178 
 
 Debts, of deceased persons 98 
 
 Department Clerk 12 
 
 Departments, of county courts '. 36 
 
 Detective Force 9 
 
 District of Columbia 162 
 
 Divorce 189-191 
 
 Drugs and Medicines 104 
 
 Elections, how determined 148 
 
 Elections, municipal 150 
 
 Elections, national 139 
 
 Elections, national (special) 221 
 
 Elections, of officers in municipalities 152 
 
 Elections, state 142 
 
 Elections, to engage in national business enterprises 24 
 
 Employees, when superfluous 212 
 
 Employment, by community, compulsory 212 
 
 Estates, of deceased persons 98-101 
 
 Excessive Bails and Punishments 185 
 
 Extradition, between states 38 
 
 Faith and Credit, between states 174 
 
 Federal Courts 34 
 
 Five years, duration of a law 222 
 
 Fixed Improvements, appurtenant to land 101 
 
 Forts, etc 162 
 
 Franchises 115 
 
 Funeral Expenses 117 
 
 General Orphans' Fund 100 
 
 Governing Bodies 9 
 
 Governing Bodies, population less than 1,000 206 
 
 Governing Bodies, population less than 10,000 207 
 
 Governing Bodies, population less than 50,000 208 
 
 Governing Bodies, population less than 200,000 209 
 
 Governing Bodies, population more than 200,000 210 
 
 Government Officials, who are not 33 
 
 Guardians 109 
 
 Holidays, national 192-194 
 
 Holidays, state 195 
 
 Hospitals 105 
 
 House of Representative, officers of 126 
 
 Impeachment, and trial thereof 200 
 
 Impeachment, by Congress 198 
 
 Impeachment, Judgments in cases of 201 
 
 Impeachment, trial of 199 
 
 Income, not to be other than pay 219 
 
 Inventors, engagements of 32 
 
 Inventors, rewards for 31 
 
 Journal of Proceedings 155 
 
 Jurors, eligibility of *. 45 
 
 Jurors, not to be indefinitely excused 46 and 48 
 
 Juror, taken sick 48 
 
 Jury deliberations of 51 
 
186 The Anarchist Constitutiok. 
 
 Sec. 
 
 Jury, judge of what 46 
 
 Jury, length of service 48 
 
 Jury, not to be waived 44 
 
 Jury, number of jurors 45 
 
 Jury Pay, how ascertained 53 
 
 Jury, right to cross-examine 49 
 
 Jury, selection of 45 
 
 Jury, to complete case 48 
 
 Jury, vote of censure 52 
 
 Land, leases of 118 
 
 Land, private ownership impossible 118 
 
 Legislation, publication of 186 
 
 Legislation, when unconstitutional 136 
 
 Legislative Bodies, action of 133 
 
 Legislative Bodies, appointments by 133 
 
 Legislative Bodies, parliamentary rules of 133 
 
 Legislature, always in session 146 
 
 Legislature, vacations in 147 
 
 Life, Sick and Accident Insurance 116 
 
 Maiming 74 
 
 Majority of Jury, what is 47 
 
 Management, in national business enterprises 25 
 
 Marriage, before age of consent 88 
 
 Marriage, form of .. 86 
 
 Marriage, purpose of 91 
 
 Marriages, continued validity of 92 
 
 Marriages, incestuous 87 
 
 Marriages, recording of 9U 
 
 Married Woman, name of 93 
 
 Maximum Day's Work 213 
 
 Mayors 149 
 
 Medical Office 103 
 
 Medical Service 102 
 
 Men, physically incapable, support of Ill and 112 
 
 Military Academy 28 
 
 Militia 29 
 
 Militia, Commander-in-Chief 168 
 
 Minors, punishment of 55-58 
 
 Misbehavior, defining and fixing penalty prohibited 33 
 
 Mongolians 205 
 
 Municipal Constitution, how adopted 220 
 
 Municipal Constitutions, provision for 151 
 
 Municipal Stores, management of 16 
 
 Municipal Stores, provision for 15 
 
 Name, of married woman 93 
 
 Naturalization 158 
 
 Naval Academy 28 
 
 Navy 26 
 
 New Trials (defendant) 60 
 
 New Trials (defendant) unanimous verdict endorsed 61 
 
 New Trials (defendant), unanimous verdict not endorsed.. 62 
 
 New Trials (defendant), verdict by 10 or 11 63-64 
 
 New Trials (defendant), verdict by 8 or 9 65-66 
 
 New Trials (defendant), verdict by 7 67-69 
 
The Anarchist Constitution. 187 
 
 Sec. 
 
 New Trials (plaintiff) 70-71-75-76-77 
 
 New Trials, false pretense 72 
 
 l^ew Trials, verdicts permissable 72 
 
 Oaths, prohibited 79 
 
 Offices, new, federal 9 
 
 Offices, new, municipal 9 
 
 Offices, new, state 9 
 
 Offices, not more than one to be held 157 
 
 Offices, provision for 9 
 
 Orphans' Trust Fund 99 
 
 Pardons 196-197 
 
 Parentage, recording of 90 
 
 Parliamentary Debate, to be privileged 156 
 
 Parliamentary Rules 133 
 
 Patents 30 
 
 Perjury 80-84 
 
 Perpetuation of Constitution 225 
 
 Petit Courts 184 
 
 Physical or Corporal Pain 74 
 
 Physicians, Surgeons, Dentists, qualifications of 106 
 
 Police Force 12 
 
 Ports, preferences of 163 
 
 Postponement, by consent of bail-board 41 
 
 Postponement, by mutual desire 40 
 
 Postponement, by request of defendant 42 
 
 Postponement, for inability of witness 43 
 
 Postponement, for sickness 43 
 
 Postponement, in case of felony, by request of defendant. . 43 
 
 Powers, not delegated to Congress 188 
 
 Practice for Pay, of physicians, etc 107 
 
 Presents, Emoluments, etc 165 
 
 President, message of 171 
 
 President, provision for • 2 
 
 President, term of office 140 
 
 President, vacations for 124 
 
 Private Property, confiscation prohibited 182 
 
 Proprietary Remedies 204 
 
 Public Property, ownership of 8 
 
 Quorums 123 
 
 Registrar of Voters 12 
 
 Regulating Bodies 9 
 
 Religious Beliefs and Teachings, to be free 108 
 
 Representatives, allotment of 130 
 
 Representatives, how elected 145 
 
 Revenue 121 
 
 Rewards, for inventors and authors 31 
 
 Rights, not enumerated 187 
 
 Schools 19 
 
 Searches and Seizures 181 
 
 Secret Service 160 
 
 Senate, President of 125 
 
 Senate, representation in 128 
 
 Senate, vacancy in '. 128 
 
 Sheriff, who is 11 
 
188 The Anarchist Constitution. 
 
 Sec. 
 
 Single subject, no law to contain more 221 
 
 Soldiers, how quartered 180 
 
 State Constitutions 132 
 
 States 7 
 
 States, admission of new 176 
 
 States, protection of by United States 177 
 
 States, withdrawal of 7 
 
 Sundays 192 
 
 Supervision, in national business enterprises 25 
 
 Supreme Courts 172 
 
 Supreme Court. United States 173 
 
 Taxes on Business, prohibited 120 
 
 Taxes, on wealth proliibited 119 
 
 Taxes, permissable 121 
 
 Term of Office, governor 143 
 
 Term of Office, legislator 143 
 
 Term of Office, mayor 149 
 
 Term of Office, President 140 
 
 Term of office, representative 141 
 
 Terms of Office 5 
 
 Territories, government of 9 
 
 Territory, acquisition of new 176 
 
 Territory of the United States 7 
 
 Towns and Cities, what are 13 
 
 Treaties, how made 170 
 
 Treaties, prohibited 166 
 
 Trial for debt 72 
 
 Trials, jury not to be waived 44 
 
 Trials, to be in numerical order 39 
 
 Trials, to be public 33 
 
 Trials, to wait one week 44 
 
 I'nwarranted Prosecution 78 
 
 X'acancy, how ^led (county) 10 
 
 Vacancy, how filled (municipal) 14 
 
 N'acancy, how filled (state) 10 
 
 Vacancy, in a federal office 6 
 
 Vacancy, in House of Representatives 145 
 
 Vacancy, in legislature 144 
 
 Vacancy-, in Senate 128 
 
 Vacancy, when filled, for how long 137 
 
 Vacations, for President 124 
 
 Vacations, in Congress 124 
 
 Verdicts, as to adults 59 
 
 Vice President 125 
 
 Vote of Censure 52 
 
 Voters, qualifications of 138 
 
 Waiver of Jury, not permitted 44 
 
 War 161 
 
 Warrants, for arrest 38 
 
 Weights and Measures 159 
 
 Whipping Post, etc 74 
 
 Women, support of 110 and 112 
 
 oft;-;e \ 
 
 I( UWIV^P:^ITY ^ 
 

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