The herald., 1896-02-24

be signed with nom de plume, or neaded
by motto or caption. And the name OF
the writer, with his nom de plume, Is en-
closed in a second letter. which is sent to
the chairman of the society, in order that
the judges may not know upon whose es-
says they are passing. The report of the
committee was as follows:
I'VE have carefully considered and com
pared the essays referred to us in compe'
tition for the prize to be awarded for the
best essay upon the second subject stated
in the circular of the society, to-wit:
1.-The theory of the state, treated historI-
cally and upon principle, with a discussion
of the various schools of classical, mediae'
val and modern thought upon the subject.
"Underst.nding the words real merit as
used in the third regulation of the so ,iety
to be taken in the sense of hierexceiience
as work of scholarship. considered chiefly
with reference to Its logical character and
literary execution, while not wholly ignor-
ing its soundness of theory, we are unanl-
mously of opinion that having regard to
the evidence which it presents of historical
research, to its accuracy of thought, and to
it's originality of treatment, the essay en-
titled the Theory of the State, by AmicIs
Plato, Anxious Socrates, sed magis amica
veritas. is entitled to the highest consider
alton and is worthy of the great honor OF
being crowned by the society.
"Signed: JAMES C. CARTER,
"GEo. r.. .EDMUNDs,
''E. j. PHELPS,
&C. STEWART PATT1soN."
(J. Randolph Tucker was unavoidably
prevented from being present with the COM
mitiee.)
We have purposely omitted the report
and comments of the committee upon the
essays devoted to other subjects, as it has
no concern with our present subject.
1t will he seen that the gentlemen COM
posing this committee are men of the very
highest standing intellectually and in
every other way. So that work which
by them has been said to be worthy OF the
very highest consideration, for the reasons
which they assign. is certainly one OF
which the writer may we'll be proud; and
of the writer it may be said that any city
may be glad to number him among her
citizens.
This prize was won by, and this honor
was conferred upon, citizen OF Los An
geles.
In large, pleasant. sunny office, sur
rounded by books, manuscript and a con-
fusion of papers, all indicative OF the
studious habits of its tenants, there thinks
and writes and reads and works man
whom it is an honor to know: VI a line
presence and easy carriage, whose hair is
white, but whose face is astonlshlugiy
youthful, the eyes having a bright, glanc.
ing. clear expression, with such vivacity
as seems perfectly inconsistent with years;
whose manner is gentle, but which is
marked by distinct but unobtrusive dig
nifty in fact, type of what we used to
know. of the true gentleman OF the old
school. whom, in this mon sy-lovlne age,
where courtesy is disregarded as not being
of marketable value, it is distinct privilege
and pleasure to meet. 49,.
think that all those who have the privi-
leee of knowing him will easily perceive
that mean Colonel George H. Smith.
The title OF the pamphlet is tho Theory
of the State. 1t is impossible to give,
within the short compass of a column or
two, really intelligent review or EXPOSE
ton of work which is SO closely and logic
ally written, which covers so wide
ground, and which is pre.eminent for its
originality; so that the best that we can
hope is to give but a notice which might
convey some idea of the scope and aim of
the work,
In the effort to set clearly before the
mind the real purpose of the pamphlet, l
will say that it is a refutation of the argu.
ment of Austin, which has dominated for
years the minds of the English jurists, and
a revival and vindication of the theory of
right or law, as given by Aristotle. since
recognized by Roman and continental
jurists everywhere, and by English jursts
until the advent of Austin and Bentham.
Ut will be my attempt in excepting in
dividual passages, not to injure the Re ner-
al context more than can be helped.)
One of the most striking things about
the work is the perfect boldness with which
the systems of long-recognized authorities
are attacked and ruthlessly subjected to
the hard test of cold logic. To give a few
instances; under the head of Current po-
litcel theories, the writer says:
''There are certain traits of writer's that
have profoundly and deleteriously in
fluenced political theory. These are bias,
or prejudice, and illoeicalness, or disre-
gard of logic. Where bias or prejudice in
tervenes there is no fallacy SO absurd as
not to entrap the acutest intellect"
He speaks of this. as powerful and
malignant influence, and then goes on to
say:
"Of the truth of this observation the
writings even of the most distinguished
political theorists, such for instance as
Hobbies. Kant, Austin, not to speak of les
ser men, furnish, as will be seem numer-
GUS and striking illustrations of different
kinds of fallacies.
And then proceeds in the following
pages in a strong attack and onslaught
upon the different theories. After devot-
ing several pages to the doctrine of abso-
lutte sovereignty, he begins with Hobbies
argument upon sovereignty, and after
stating the premises and following him to
his conclusion (all of the intervening argu-
ments being answered by our author), he
"Here, again, therefore, another example
of petitio pri, icipii is presented, consisting
of the monstrous assumption that not only
the rights of the subjects but even their
wills and their persons are in some mys.
terious way transferred to and incorporated
in the fictitious Leviathan, and that there
is thus effected a real unity of them all in
one and the same person, who is thus able
to perform the wills of all of them. A doc
trine truly as extravagant as that OF the
actual conversion of the bread and wine
into the body and blood of Christ, which
Hobbies is never tired of ridiculing."
Next taking up Kant's argument, and
subjecting it to the same test, concludes.
this, as will be seen, is precisely the argu-
ment of Hobbies, with it's native enormities
draped under cloud of words"
The theory, however, to which he devotes
the MOST attention, is that known as AUS
tins theory, in which he brings the serious
charge, which we must admit he sustains
as being justly made. that tin the vocabu-
larry OF the Austinians, right is defined as
being mere legal power, or in other
words, power over others, vested in any
one by the expressed will Of the govern
ment; and rights therefore, ip the sense Of
the term, are mere creatures of that will.
Accordingly, whatever power be conferred
by the government upon any one, though
1t be in violation Of every principle of JUS
tice and morality, and even Of mercy or
decency it constitutes right; and, on the
other hand, no claim that one man may