"Colony,"—or "Free State"? "Dependence,"—or "Just Connection"? - An Essay Based on the Political Philosophy of the American - Revolution, as Summarized in the Declaration of - Independence, towards the Ascertainment of the Nature of - the Political Relati by Alpheus H. Snow
page 21 of 86 (24%)
page 21 of 86 (24%)
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nations, to appoint their own governments, subject to the necessary
limitations growing out of their just relationships to other communities, states and nations. Infants, and persons _non compos_ or spendthrift, are subject, by the principles of the common law of persons, to have an involuntary agency created for them by the Chancellor until the disability is removed, if the disability is temporary, or permanently, if the disability is permanent. The same is true by the law of nature and of nations, if the interpretation I have suggested be correct, regarding communities, states and nations, which are in a condition of infancy or anarchy, or are spendthrift. The Chancellor or Justiciar, whether a person, a state, or a nation, must possess the qualities and attributes of a Chancellor and Justiciar, and proceed as a Chancellor and Justiciar. Otherwise the attempt to create an involuntary agency for the suitor is nugatory. The fact that a person who is an infant, or _non compos_, or spendthrift, has an involuntary agency created for him by the Chancellor, does not destroy, or in any way affect, the juridical personality of such person, or his political equality with other persons; and, by parity of reasoning, the fact that a community which would otherwise be recognized as having free statehood and political personality and equality with other free states, has an involuntary government appointed for it by a Justiciar State, on account of its being in a weak or infantile condition, or on account of its being anarchic or spendthrift, can not destroy or in any way affect its free statehood,--or, what is the same thing, its political personality,--or its equality with other free states. A further meaning apparently is that the first object of all government is to do justice, and the second object to do the will of the governed. A government which recognizes itself as deriving its |
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