public parks and buildings, the erection of houses within the fire-limits, and other things innumerable. They are all compulsory, sternly so; they all in one sense abridge the personal liberty of the individual citizen; but, because the public good demands them, they are enforced. And now, when the country is menaced by an evil which no quarantine can avert; when a malady is fastening itself upon the body-politic that is beyond the skill of boards of health; when a shadow is settling down upon the country the end whereof is political death, and the people see it and know it, and believe that there is but one remedy, why should they not apply it?

I must here rest the defense of the first proposition. I think it has been shown that a state or municipal legislature may properly undertake to deal with this question of school attendance-that such legislation is not foreign to the appropriate sphere and functions of a republican government.

II. Laws to secure attendance at school, that is, to secure to children their rights of education, are expedient and necessary.

Under this head a very few words shall suffice. If the competency of a state to include this as among the proper subject of legislation has been established, it only remains to consider the conditions and circumstances under which the power should be exercised.

It is said that such laws can not be enforced; that public sentiment is against them; that for a legislature to take a position a thousand moral leagues in advance of public opinion, and attempt to pull the people forward by a legal tow-line, is as chimerical as for a man-of-war to essay to take one of the islands of the sea into port with cable and hawser—that, in the one case as surely as in the other, the lines will be snapped asunder by the strain, leaving the mass unmoved.

That is partly a truism, and partly a begging of the question. So much of it as affirms that laws (admitting there may be such) to which a majority of the people are actively opposed can not be executed is a truism; like saying that a pyramid can not stand upon its apex. So much as assumes that public sentiment is hostile to such legislation begs the question.

It might be said that, in a form of government like ours, the enactment of a law presupposes and implies popular approval thereof, legislation in this country being, as has already been repeated, but the crystallization of the popular will into legal forms. But, while there is not a little truth in that view, it may be considered as rather the argument of lawyers, and I do not care to press it especially as other resources of reply are abundant.

It is true, and must therefore be admitted, that measures may be introduced into legislative bodies and become laws, not only without the supporting column of electors of the commonwealth, but in actual antagonism with the popular judgment. Instances are not wanting, indeed, where the, printed statute has conveyed to the astonished masses their first knowledge of the matters contained therein. These are the laws which can not, and some of which ought not to, be enforced, having in them no vitalizing leaven of popular ideas and purposes, even if not conceived in mischief and treason to the public weal. They belong, for the most part, to that infamous category known in these days as "ring legislation," the work of rogues and demagogues, taking "snap judg

ment" on the people by rushing their corrupt measures through, before even a rumor thereof can reach their outraged constituents-or else, by mercenary combinations and conspiracies, defying the people.

But when a great public issue, intrinsically vital, far-reaching and aggressive, inviting criticism and assault, is separately and distinctly set before the people for examination and discussion; when that issue is discussed, thoroughly and exhaustively, and the whole body of electors are made familiar with it, and choose their delegates to the legislature with reference to it; and when a clear majority of the known friends of that measure are elected, and the contest is transferred from the hustings to legislative halls, and is again fought triumphantly through, and promulgated as the law of the land,- that law is the will of the people, intrenched in their convictions, representing their moral sentiments, and challenging their respect and support,—and it will be enforced.

Now, has this great question of securing to all children the rights of education ever been thus canvassed before the people? Has it ever been discussed in all its bearings, in conventions and mass-meetings, in the press and on the "stump," from city to city, town to town, and school-house to school-house, as other exciting public questions have been? If so, when and where? If not, how can it be said that public sentiment is opposed to it, or is not ready for it? If, in any commonwealth, this question has been made the issue, or one of the issues, in the contest for seats in the legislature, were the candidates accepting and standing upon that issue defeated? If so, in what state, and when? If not, how is it known, or how can it be assumed, that in such a contest such candidates would be defeated? If, in any state, such a contest has been had, the friends of compulsory laws elected, the laws passed, and it was then found that they could not be carried into effect, could not be enforced, when and in what state did it happen? If there has been no such instance, how can it be affirmed that such laws, so passed, could not be enforced?

The fact is that this issue has never been fairly tried before the American people, in any state. The argument in favor of such laws is so overwhelming, that the movement of the people would be like the waves of the sea, did they but understand it. It is not hostility, but ignorance of the true situation, and the distorted notions and apathy that accompany such ignorance.

Our politicians, as a class, know little and care less about public education, or its place down among the profoundest elements of national life. The utterance of a few graceful (or gracious) platitudes, now and then, where personal thrift may be served thereby, is about all that the average politician attempts, or is equal to, indeed. There are conspicuous and illustrious exceptions-but they are exceptions. The indifference, apathy and downright ignorance of the great body of our public men, in respect to the nature, needs, operations and possibilities of our systems of popular instruction, and of the paramount claims of the problem of universal education to the most thoughtful study of every one who would know even the rudiments of true statesmanship, are facts as conspicuous as they are disgraceful and lamentable-facts that astonish and bewilder the publicists of Germany and other enlightened nations of Europe, and are a just opprobrium to us in the eyes of the world. In confirmation, I might here mention instances, occurring in the high places of honor and trust in the states and in the nation, that are simply astounding. Hence, when it is con

sidered how largely American public opinion receives its impulse and trend from political leaders, it is no marvel that the people are so slow to grasp these higher ideas of education, and so ready to doubt and disparage them.

Let the claims of public education—the development of the intellect, the brain-power and heart-power of the whole body of youth,-be set before the country as they really are, in the clear, honest, white light of history, of reason and of facts. Let it be affirmed, as it ought to be affirmed, that all other political questions are dwarfed in the presence of the supreme inquiry How shall the youth of the nation be educated-fitted to be the depositaries of the jewel of civil and religious liberty, the custodians of national honor in arts and in arms? Let the fact be every where proclaimed that the government of these United States, with all the delicate equipoises of its constitution and laws; the momentous questions of peace and war, of finance and commerce, of the myriad industries of the people—that this government and nation, with its splendid history and traditions, and its garnered hopes and prophecies for the political future of the nations of the earth, is, in very truth, in the hands and at the mercy of electors unable to read one word of its great constitution, one word of its laws and their judicial expositions, one word of its illustrious history, one word even of the fateful ballots in their hands-by whom, at any general election, it may be hurled from the paths of national rectitude and honor, or precipitated into the gulf of anarchy. Let it be shown to what enormous dimensions the evils of non-attendance and truancy have grown, the incredible waste of money and other educational resources thereby entailed, and the alarming fact that, even in states where the schools are the best, and where the powers of the voluntary principle have been most nearly exhausted, the ratio of absenteeism has not been materially reduced. Let the eyes of the people be turned toward the constantly-augmenting hosts of ignorant young men annually crossing, in careless procession, the line of manhood and assuming the ballot, and the superadded multitudes of equally ignorant electors, recruited by naturalization, fróm the teeming myriads pouring into the country from the old world, from every quarter of the globe. Let the inevitable consequences of the exposure of this unintelligent and heterogeneous mass of voters to the arts and wiles of unprincipled demagogues be portrayed. Let these facts and impending perils be made the themes of powerful leaders in the great newspapers of the country, day after day, week after week, and month after month, as the comparatively paltry and ephemeral issues of partisan politics are; let them find earnest thinkers and eloquent tongues in conventions, mass-meetings, lyceums, lecturehalls and pulpits, and be thundered forth with vehement earnestness, pungent appeal and fiery rhetoric from every "stump" in the land, and then see which way the tide of public sentiment will set! In less than twelve months the people would be thundering at the doors of general assemblies demanding compulsory laws, and opposition to their enforcement would be as chaff before the storm. With one-tenth the study, argument and eloquence bestowed upon some of the comparatively trifling political questions of the hour, questions as inferior in dignity and importance as the by-laws of a base-ball club are to the Ten Commandments, there would be an opening of the graves of apathy, and a resurrection into life, in behalf of popular education, that would shake the country from Oregon to Florida. It is the merest trifling to say that the people

are opposed to propositions which have never been placed distinctly before them, or indifferent to perils which they ignorantly do not believe to impend -propositions and dangers which have been always and every where overshadowed and pushed aside by other issues.

Think of the thousands of square rods of double-leaded leaders on Mr. GREELEY and General GRANT, that will be written and printed between this and November, all to prove that one or the other should be at the head of the government the next four years—while these questions, which take hold of the destinies of the nation for the next four centuries, and for all time, will scarcely receive a passing notice. Unless we look to the education of the people, we shall not much longer have a country of which any honest man would care to be president. With an educated and upright people, we may defy the worst man whom God may suffer to be elected president - he can not do much mischief; while with an ignorant and depraved people, the best president that ever sat in the seat of WASHINGTON would be powerless.

But it is said, when public opinion is thus prepared for compulsory laws, there will be no need of them; since, by the very conditions supposed, the pressure of public sentiment will of itself be sufficient to suppress absenteeism. Then what need of legislation on any subject that has the general approval? Public opinion is overwhelmingly in favor of federal, state, county, municipal and local taxation, as a means of raising revenue for necessary public uses. Are revenue and tax laws therefore unnecessary? Should they be abolished, and the voluntary principle established? What would be the effect of such an amiable and credulous policy upon the collectors' next delinquent lists! Laws are for the negligent, the,remiss, the selfish and mercenary; not for those who cheerfully acknowledge and punctually perform their duties as citizens. Thousands pay their taxes because they must, and for no other reason. Shall those who pay willingly, because it is right, object to the law that compels their neighbors to bear their share in the common burdens? There can be no reasonable doubt that the effect of laws to secure attendance at school would be substantially the same as the effect of tax laws-securing action from a like proportion of those who would not otherwise act. Nor do I believe that the instances of the enforcement of penalties would be any greater in the former case than in the latter-the simple existence of the law would, as a general rule, be sufficient. That is the uniform experience in respect to the force and operation of all laws that are accompanied with penal provisions.

It is further to be said that such laws are demanded by the plainest principles of justice. The state undertakes to give all its youth a good commonschool education. School systems are grounded and operated on this idea. Under this plea, taxes are collected and the whole costly and complicated machinery is kept in motion. It is for the instruction of all, not of one-half, or two-thirds, or any other fraction. This is the attitude of the state toward every citizen and tax-payer; this is the nature of the covenant between the commonwealth and the people. By the payment of all taxes and assessments for school purposes, the citizen so far fulfills his part of the engagement, and has a clear moral right to demand that the state shall fulfill hers. If a man owes a thousand dollars, and has promised to pay it, is it honest to claim a receipt in full on payment of five hundred dollars? The state has virtually promised to edu

cate all its youth; it is abundantly able to redeem that promise—unlimited powers and resources are at its command for that purpose. How, then, can a full discharge be claimed while the obligation is but half performed?

When the state, in the person of a school-tax collector, approaches a citizen and demands his money for the support of schools, and is repelled as a swindler, attempting to obtain money under false pretenses; promising to educate all, able to educate all, yet in fact educating but one-third, or one-half, refusing to make good its solemn covenants- what answer can be made? None whatever.

The commonwealth stands self-condemned and speechless before the grave charge of that indignant citizen. Has not every tax-payer the right so to challenge the conduct of a state that exacts the full measure of tax, and yet neglects or refuses to comply with the conditions on which alone the power to tax at all was conferred by the people?

The expediency and necessity of laws to secure the education of youth may also be argued on the same grounds that the high duty of preventive legislation in respect to crime is maintained. Too much praise can not be awarded those who are seeking to reform the criminal classes, and give them back to society fitted again for the duties and trusts of citizenship. But it is surely as wise to seek to prevent crime, to lessen the number of criminals, as to reform those who have already become such.

I shall not argue the proposition that culture lessens crime. The proof has already been piled up mountain high, both from reason and experience. The reports of social science and prison associations, in Europe and America, are replete with irrefutable facts and statistics in demonstration of the truth that the incarnate devils of lust, passion and crime are exorcised by the angels of light and knowledge to an amazing degree. Indeed, there are some doctrines against which the healthy mind instinctively recoils, by a swift, irrepressible, a priori impulse, without waiting for, or needing, the slower processes of logical induction. Of such is the monstrous doctrine that malign propensities and tiger-like passions are as much at home in minds filled with the resources and glory of knowledge, in bosoms hallowed by moral sentiments and softened by culture, as in stolid, stupid and besotted souls. When savage beasts leave the forest and jungle, to make their lairs amid the roses and fountains of our parks and gardens, then may that thing be.

Now, the state has a right to utilize this blessed law, whereby the enlargement of the nobler sentiments dwarfs, or supplants and expels the baser. It has a right to lift the children out of, and above, the fogs and swamps of sensualism, coarseness and savagery, into the knowledge and desire of a better and richer life. It has the same right to protect society in advance, through the schools, that it has afterwards, by reform-schools, or by locking up or hanging the criminals. Prevention is not only easier and cheaper than cure, but infinitely more humane and noble.

If, therefore, the duty of protecting society from the actually vile and criminal is imperative, and if power is necessarily commensurate with duty, then the obligation and authority to seek the same object from the other end of the line are equally imperative and unquestionable. It is to be said, too, that the class that would be chiefly reached by compulsory laws are the very ones most in need