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."
Jefferson evidently considered the ancient ritual of the Installation of
the Dukes of Carinthia a common law precedent and the confirmation of
the Contractual Theory upon which he based his claim for the American
Independence.
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.