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Less exasperating, perhaps, than this assumption of moral and political superiority is the candid profession of the right of the stronger. The right of conquest gives a title which is valid in international law when every other right is lacking. When superiority is stipulated to be absent, the product is a federation or something similar from which the name empire is withheld. When, in course of time, superiority dies out till a common right eventually embraces subject and sovereign alike, a new state arises, to which, as in the case of the present-day British world, the title empire is applied with some impropriety.

There is, however, still another kind of empire. In it the superior authority is not a people, but an individual. He is called an emperor, and his family a dynasty. His authority is bestowed, as the present German Emperor said at Königsberg in 1910, not by "parliaments, and meetings, and decisions of the peoples, but by the grace of God alone." He is "a chosen instrument of Heaven," to speak with the same high authority, and "goes his way without regard to the views and opinions of the day." An emperor, thus defined, is not properly a part of his state at all. He stands outside of it, and is equal or superior to it. He is a state unto himself; and his jurisdiction is not domestic but imperial, in that he exercises dominion over another state. L'état c'est moi is an imperfect definition of this kind of empire, however; for it presumes the absence of political organization and activity among the subjects of the emperor. It presumes the permanency of the condition of absolute surrender (deditio) which, with the Romans, prefaced the work of restoration—the reëstablishment of civil rights within an enlarged state. In actual experience, moreover, a complete autocracy never exists. The will of every emperor is bound by the legislation which he has himself enacted, or accepted with the throne from his predecessor. If responsible to nothing else, he is responsible to his own past. He may withdraw his charters: he cannot violate them with impunity.