r State may rightfully exercise.

Arguing on the same basis as that adopted by them regarding the right
of self-government and independence, it appears that they considered
the right of a state to act as Justiciar for other states to be a
right superadded to the right of self-government and independence in
some cases--that is, that justiciarship is a conditional universal
right of self-governing and independent states, the conditions
necessary to its existence being great physical strength, a judicial
character and a capacity for leadership.

The power exercised by a Justiciar State in a Justiciary Union, they
recognized as being neither strictly legislative, nor strictly
executive, nor strictly judicial, but a power compounded of all these
three powers. They considered that it was to be exercised for the
common purposes after investigation by judicial methods; that the
just public sentiment of the free states connected and united with the
Justiciar State was to be considered by it in the determination of the
common affairs; and that the action of the Justiciar State was to
result, after proper hearing of the free states and all parties
concerned, in dispositions and regulations made according to just
principles of law, which were to have the force of supreme law in each
of the connected and united free states respectively. This kind of
power, which the Fathers called "the superintending power" or "the
disposing power" under the law of nature and of nations, and which may
be called, using an expression now coming into use, "the power of
final decision," or more briefly "the justiciary power," being neither
legislative, executive nor judicial, but more nearly executive than
legislative, the more conservative among them considered might be
exercised, consistently with the principles of the law of nature and
of nations, either by the Legislative Assembly of the Justiciar State
or by its Chief Executive, advised by properly constituted
Administrative Tribunals or Councils; the action of the Legislative
Assembly superseding that of the Chief Executive in so far as they
might be inconsistent with each other. This right of both the
Legislative Assembly and of the Chief Executive, properly advised, to
exercise the powers of the Justiciar State--the former having supreme,
and the latter superior justiciary power,--under the law of nature and
of nations, is, I believe, also recognized by our Constitution, as I
have elsewhere at