Thirtytwo years ago, November 28th 1967, U.S. Senator Frank Lausche adressed his coleagues in the U. S. Senate:
Mr. President, recently a book entitled
In Jefferson�s copy of Bodin�s work Professor Felicijan discovered that Jefferson had initialed two pages. On one page was Bodin�s definition and characterization of a tyrant, which was quite similar in concept to phrases used in the Declaration of Independence. On tha other initialed page was a description of the installation of the Dukes of Carinthia, a Slovenian ritual which may have contributed greatly to the founding of our own great country. According to Dr. Felicijan:
These remarkable conclusions of Dr. Felicijan, based upon his extensive study in the area, are worthy of note both because of their historical importance and the practical lessons which we can learn from them. Now the contractual theory of government has been used by many philosophers as a conceptual tool by which they could explain the relation between the governing and those governed. The theory begins with several assumptions, one being that all men are equal in a political sense, and from this the conclusion that no person has a natural right to rule another. But we all know that a society has to have some form of government.
Based upon these counterpoised assumptions - the denial of the natural right to govern and the need for government - there developed the theory that there is a contract between those who are to rule and those who are to be ruled, and each party has rights and obligations under this contract.
This, Mr. President, is the contractual theory stated in its most basic terms. It is a useful concept in that one can describe governmental problems and powers by describing the terms of contract. Many objected to the theory, including those who lived during the time of the American Revolution. They claimed that while the theory was interesting it was, nevertheless,a part of philosophers� dream world. No society ever made such a contract with those who ruled it, they contended.
Indeed, Jefferson may have felt that way himself at one time. But he found historical evidence to the contrary.
When Jefferson read Bodin�s Republic, he learned the ancient Slovenian ritual known as the installation of the Duke of Carinthia. This custom, which was still being practiced during the time of the American Revolution, was living proof that the social contract did, in fact, exist, at least among the Slovenians.
Mr. President, I shall read from Dr. Felicijan�s book where he quotes Bodin�s description of the unique Slovenian custom:
There is nothing to compare with this custom observed in Carinthia, where even today in the vicinity of the town of Saint Vitus one can see a stone of marble in a meadow. Surrounded by the people and holding a black cow with his right hand and an emaciated mare with his left, a peasant mounted this stone. This duty belonged to him by right of succesion. He who was all garbed in red, with banners carried in front of the duke. All were proper in dress exept the duke who walked dressed as a poor shepherd with a shepherd�s crook in his hand. The peasant sitting on the stone cried out in Slovenian: "Who comes forward so boldly?" The people answered that this was the prince. Then the peasant asked again: "Can he be a judge? Is he concerned with the well-being of the country? Was he born a free man? Does he observe the true religion?" They answered: "He is and he will be." Then the peasant slapped the duke gently. After having promised the peasant he would be exempt from public burdens, the duke mounted the stone and brandishing the sword he promised the people to be a righteous judge. He attended the mass still clad in the same vestments. Then he donned the ducal vestments and returned to the stone, where homage and the oath of fealty were rendered him.
Notice the strong elements of democracy and the american attitude toward government reflected in this custom of the Slovenian people living in Caritnhia. The duke-to-be did not wear fancy clothes; he was dressed as a man of the people. The peasant on the stone assumed an indifferent attitude toward his future leader untill the agreement between the parties had been reached.
Also notice, if you will, the questions asked of the duke: "Can he be a judge? Is he concerned with the well-being of the country?" He was not asked whether he was a noble man, whether he was welthy or famous, nor was he asked whether any interest group would receive special consideration. Notice also, Mr. President, who promised first. It was the duke. He had to promise to be a righteous judge before the people swore allegiance.
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The Slovenians believed that the power to govern rested with the people who were to be governed, not those who were governing. They believed that their rulers should be men of the people, of all the people. They believed that the true qualities of those in government should be competency and concern. They believed that their leaders had a solemn duty to the people to be righteous. And we Americans believe the same principles today. So did Thomas Jefferson during the time of the Revolution.
Perhaps Jefferson�s convictions were confirmed when he read Bodin�s description of this beautiful Slovenian custom, a custom which lasted for over 1,000 years. Maybe the American form of government was reafirmed because of Jefferson�s reading about the installation of the Dukes of Carinthia. We are grateful, Mr. President, to Professor Felicijan of St. John College of Cleveland for his exploration into these possibilities."
This is what honorable Frank Lausche, U.S. Senator, spoke in the Senate on November 28th 1967.
I�m sure that it is worthy of note.