A State is created by a nation's struggle for existence. In any such struggle it is impossible to obtain proper authority in circumstantial fashion beforehand. In fact, any previous attempt to obtain a regular decision from the majority would probably ruin the undertaking from the outset. For internal schisms would make the people defenceless against external dangers. We cannot all be of one mind; the gestor will therefore simply take the leadership into his hands and march in the van.
The action of the gestor of the State is sufficiently warranted if the common cause is in danger, and the dominus is prevented, either by want of will or by some other reason, from helping itself.
But the gestor becomes similar to the dominus by his intervention, and is bound by the agreement quasi ex contractu. This is the legal relationship existing before, or, more correctly, created simultaneously with the State.
The gestor thus becomes answerable for every form of negligence, even for the failure of business undertakings, and the neglect of such affairs as are intimately connected with them, etc. I shall not further enlarge on the negotiorum gestio, but rather leave it to the State, else it would take us too far from the main subject. One remark only: "Business management, if it is approved by the owner, is just as effectual as if it had originally been carried on by his authority."
And how does all this affect our case?
The Jewish people are at present prevented by the Diaspora from conducting their political affairs themselves. Besides, they are in a condition of more or less severe distress in many parts of the world. They need, above all things a gestor. This gestor cannot, of course, be a single individual. Such a one would either make himself ridiculous, or—seeing that he would appear to be working for his own interests—contemptible.
The gestor of the Jews must therefore be a body corporate.
And that is the Society of Jews.
THE GESTOR OF THE JEWS
This organ of the national movement, the nature and functions of which we are at last dealing with, will, in fact, be created before everything else. Its formation is perfectly simple. It will take shape among those energetic Jews to whom I imparted my scheme in London.[B]