therefore to be a conditional universal right of free states--that is,
a right universally existing where the conditions necessary to
independence--great physical strength, and great moral and
intellectual ability--exist.

The Colonies regarded themselves as free states in such a just and
rightful connection with the free and independent State of Great
Britain as to form with it a union. From this it followed, inasmuch as
this connection and union was conceived of as existing under a
universal common law, that the State of Great Britain, through its
Government, was the justiciary medium which connected the free states
of that which they conceived of as the British-American Union, and as
such applied the principles of this universal common law for
preserving and maintaining in due order the connection and union.
There, therefore, resulted the conception of Great Britain as what may
perhaps be called "the Justiciar State" of this British-American
Union. If we were to use the exact language of the Revolution, it
would probably be more proper to speak of Great Britain as "the
Superintending State" of the British-American Union, as the power of
Great Britain over the Colonies was generally spoken of by the
Americans as "the superintending power." Lord Chatham used this
expression in his famous bill introduced in the House of Lords. The
expression "Justiciar State," however, seems to be more scientifically
correct. A Justiciar was an official who exercised the power of
government in a judicial manner. His power was neither strictly
legislative, nor strictly executive, nor strictly judicial, but was
complex, being compounded of all three powers, so that his executive
action, taken after judicially ascertaining the facts in each case and
applying to them just principles of law, resulted in action having the
force of legislation.