"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 42 of 86 (48%)
page 42 of 86 (48%)
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"Empire," which may imply absolute power and a denial that there
exists a universal law of nature and of nations protecting alike the rights of persons communities states and nations? But it will be said the conception I have outlined is impracticable. Judging from the characteristics of human nature, a state which declares itself the Justiciar of a Union of free states in permanent political connection with it, for the purpose of discovering and applying the principles of the law of nations in the just conduct of the common affairs of the Union, is likely, if it acts as a true Justiciar to accomplish much more by the persuasive effect of justice exercised in accordance with an overruling law of nature and of nations, than is an Emperor-State by the issuing of edicts based on a claim of right to be the supreme legislative power over non-represented regions. Widely scattered free states which are in political connection or union must necessarily have some charge of their own defence both physically and commercially, and the right to protect and support themselves by tariff taxation must necessarily include the right to lay a tariff against the Central State as well as against the other connected states and against foreign states. All these conflicting rights must be harmonized by the Central State, and it must at the same time provide from the common resources for the common defence and welfare. The questions growing out of such relations are the most complicated known to politics. It seems that a Justiciar State acting upon the advice of properly constituted administrative tribunals, which habitually act judicially and whose function is to decide all questions according to law and justice is much more likely to solve such problems by investigation hearing and adjudication than is a |
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