the American Union extends to the regulation of
the action of individuals in these free States, so that a Greater
American Union of Free States exists _de facto_. To bring into
existence a Greater American Union _de jure_, it needs, first, the
public and express recognition by the American Union of itself as the
Justiciar State, and of each of the separate Insular regions within
proper territorial limits, as a Free State in just connection and
union with the American Union; and, secondly, the establishment by the
American Union of the necessary Advisory Council for investigating
facts and for advising the President before he, on behalf of the
American Union as Justiciar State, exercises his superior justiciary
powers, and for advising the Congress before it, in the same behalf,
exercises its supreme justiciary powers. Councils suitable for
advising the local Governors, when they, on behalf of the American
Union as Justiciar State, exercise their inferior justiciary powers,
already exist. Of such a Greater American Union, the present American
Union would be the Supreme Justiciary Head, with power to finally
determine the questions arising out of the relationship, not by edict
founded on will and force, but by decision carefully made in each case
after ascertaining the facts in each case and applying to them the
principles of the Law of Connections and Unions properly applicable to
them.
Is not this theory the true _via media_? The theory of the automatic
extension of the constitution of a state over its annexed insular,
transmarine and transterranean regions which from their local or other
circumstances can never equally participate in the institution and
operation of its government, in some cases protects individual rights,
but it takes no account of the right of free statehood, which is the
prime instrumentality for securing these rights. The theory of a power
over these regions not regulated by a supreme law, is a theory of
absolute power over both individuals and communities in these
regions,--a theory which implies an absence of all rights. The theory
of a power over these regions based on the principles of the Law of
Connections and Unions, granting that this law is itself based on the
right of human equality, protects the rights of persons, of
communities, of states and of nations. On this theory the "Territory
Clause" of the Constitution recognizes the Law of Connections and
Unions as determining the relationsh
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