the law of nature and of nations to
those facts, they ought to exercise this function by the advice of a
permanent Administrative Tribunal, properly constituted so as to advise
them intelligently and wisely. As I have said above, the Revolutionary
statesmen considered, as it would seem, that the Committee of the Privy
Council for Plantation Affairs, assisted by the Board of Commissioners
for Trade and Plantations, had, up to 1763, constituted such an
Administrative Tribunal. They considered also, it would seem, that
neither the Chief Executive nor the Legislative Assembly was bound by
the action of this Administrative Tribunal, its action being wholly
advisory, but that the Chief Executive was bound to take its advice
before making his dispositions; and that the Chief Executive, when
acting as an Administrative Tribunal for disposing and regulating the
common affairs of the free states of the Justiciary Union, after taking
the advice of this permanent Administrative Tribunal, was a tribunal of
first instance. They further considered, as it would seem, that the
Legislative Assembly, when acting as an Administrative Tribunal for
adjudicating and regulating the common affairs of the Justiciary Union,
was a tribunal of final instance, whose dispositions and regulations
superseded those of the Chief Executive in so far as they conflicted
with them. It was, as I understand it, because the situation of affairs
in the British-American Union from 1700 to 1763 conformed to the
theoretical ideas of the Americans as to the true nature of the
relationship between the American Free States and the State of Great
Britain, that they were ready to return to that situation at all times
between 1763 and 1778. In the latter year, the spirit of American
nationality manifested itself so strongly that all thought of political
connection with Great Britain was abandoned.

The practical result of this theory is, that the Chief Executive of a
Justiciar State may exercise the power of the Justiciary State, after
investigation and adjudication and after taking the advice of a
properly constituted permanent Administrative Tribunal given after
investigation and upon adjudication, and that such action may take the
form of regulations concerning the common affairs of the free states
of the Justiciary Union (and even concerning the local affairs of the
respective free states, when regulations concerning local affairs are
reasonably and justly necessary,