as incidental to the regulation of
the common affairs, in order to make the regulation of the common
affairs effective), and that such regulations may extend to the
regulation of the conduct of individuals, and that the Legislative
Assembly of the Justiciar State may exercise the same power, to the
same extent and that its dispositions and regulations supersede the
dispositions and regulations of the Chief Executive in so far as they
conflict with them. This conclusion seems correct, if we accept as
correct the premise of a universal and common law of nature and of
nations, based on human equality arising from creation, of a universal
and unalienable human right of life, liberty and the pursuit of
happiness, of a universal right of agency-government of a kind
necessary to secure these rights, of a universal right of free
statehood of all communities within reasonable territorial limits
suitable for the formation and application of just local public
sentiment, as the necessary means to secure the right to
agency-government, of a universal right of free states to be connected
or united with other free states on just principles of the law of
nature and of nations, of a universal conditional right of free states
to be self governing free states if capable of self government of a
universal conditional right of self governing free states to be
independent free states, if capable of independence, and of a
universal conditional right of independent free states to be justiciar
states of justiciary unions of free states if capable of judgeship and
able to make their dispositions and regulations effective.

Of course there must be conditions of transition where the relations
between free states which would normally be in union, or between
detached portions of what would normally be a unitary state,
temporarily assume a form which is partly one of union or merger, and
partly of dependency. The justification of all such forms of
relationship must, it would seem, be found in the fundamental right
which every independent state, whether a justiciar state or not, has
to the preservation of its existence and its leadership or
judgeship--that is, in the right of self-preservation, which, when
necessary to be invoked, overrules all other rights. On this theory
must, it would seem, be explained the relations between the American
Union and its Territories between Germany and Alsace-Lorraine, and
between England and Ireland. On this theory