pursuit of happiness and to effectuate the equality of all men as the
creatures of a common Creator.
On this interpretation a rule is laid down to determine under what
circumstances a community, state, or nation has the right to institute
its own government. Its rights are to be determined by the principles
of agency. Agencies among individuals are of several kinds, express
and implied, voluntary and involuntary. There may be co-agencies, in
which the performance of one general agency is distributed among
several agents. A person of full capacity has the right, according to
the common law of persons, to appoint his own agent, unless he is in
such just relationship with others that the common interests require
that he should adopt as his agent an agent appointed by the others. So
communities, states and nations which are of full capacity, have the
right, assuming the existence of this common law of nature and of
nations, to appoint their own governments, subject to the necessary
limitations growing out of their just relationships to other
communities, states and nations. Infants, and persons _non compos_ or
spendthrift, are subject, by the principles of the common law of
persons, to have an involuntary agency created for them by the
Chancellor until the disability is removed, if the disability is
temporary, or permanently, if the disability is permanent. The same is
true by the law of nature and of nations, if the interpretation I have
suggested be correct, regarding communities, states and nations, which
are in a condition of infancy or anarchy, or are spendthrift. The
Chancellor or Justiciar, whether a person, a state, or a nation, must
possess the qualities and attributes of a Chancellor and Justiciar,
and proceed as a Chancellor and Justiciar. Otherwise the attempt to
create an involuntary agency for the suitor is nugatory. The fact that
a person who is an infant, or _non compos_, or spendthrift, has an
involuntary agency created for him by the Chancellor, does not
destroy, or in any way affect, the juridical personality of such
person, or his political equality with other persons; and, by parity
of reasoning, the fact that a community which would otherwise be
recognized as having free statehood and political personality and
equality with other free states, has an involuntary government
appointed for it by a Justiciar State, on account of its being in a
weak or infantile condition, or on account of its being anarchic or
spendthrift, can not destroy or in any way affect its free
statehood,--or, what is the same thing, its political personality,--or
its equality with other free states.
Public-domain text, read in full here on John Shaqi.
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