Post by twetch#6085

Mr. LAUSCHE. Mr. President, recently a book entitled “The Genesis of the Contractual Theory and the Installation of the Dukes of Carinthia” was published by Prof. Joseph Felicijan a member of the teaching staff of St. Johns College, Cleveland.

In this work Dr. Felicijan explores the impact of Bodin's famous “Republic” upon the formulation of the contractual theory of government in general, and in particular, its impact upon Thomas Jefferson and the drafting of the Declaration of Independence.

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 the 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:
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.

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.
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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.
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The theory begins with several assumptions, one being that all men are equal in a political sense, and from this the conclusion that no one person has a natural right to rule another. But we all know that a society has to have some form of government.
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Based upon these counterpoised assumptions – ...– they 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.
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This, Mr. President, is the contractual theory suited in its most basic terms. It is a useful concept in that one can describe governmental problems and powers by describing the terms of the contract.
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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 the philosophers’ dream world.
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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.
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When Jefferson read Bodin’s “Republic,” he learned of the ancient Slovenian ritual known as the Installation of the Duke of Carinthia. This custom, ... , 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 this unique Slovenian custom:
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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 succession.He who was all garbed in red, with banners carried in front ofthe duke.

All were proper in dress except 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:
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“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 wellbeing of the country? Was he born a free man? Does he observe the true religion?
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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.
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The peasant on the stone assumed an indifferent attitude toward his future leader until the agreement between the parties had been reached.
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Also notice, ..., 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 nobleman..., 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.

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.

Maybe the American form of government was reaffirmed 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.. for his exploration into these possibilities.

They believed that the true qualities of those in government should be competency and concern.

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.
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They believed that their leaders had a solemn duty to the people to be righteous. And we Americans believe in these same principles today. So did Thomas Jefferson during the time of the Revolution.