The comet. (Johnson City, Tenn.) 1884-1916, 1908-09-17
A COUNCIL OF
GOVERNORS-NO. |

men of all historic time. The two
principles developed in the formative
period of American government that
must forever remain irreConcilable are
ABsonUTIsM on the one hand and
IDEALIsM on the other. Hamilton was
not simply pragmatist, but he was an
absolutist and believed men must be
governed nolens volens. Jefferson was
exactly the opposite of Hamilton. He
was not simply an idealist, but he be-
lieved under our dual government with
suitable checks to control ambitious
men free thought, free speech and free
dom of the press to combat error there
would always be found sufficient virtue
and intelligence in men to govern
themselves by constitutional law.
But there was no provision in the
federal constitution to hold the presi-
dent, the supreme court and congress
to obey the constitution and execute
the will Of the people, except the power
of impeachment. We have seen this
on various occasions to be insufficient.
II is true, the fathers acted on the in
itiative and referendum in their first
election. They sent their representa-
tives to Philadelphia to form the con-
stitution, but held the referendum on
their work and il had to come back to
them for approval and adoption. Thus,
if they elected ignorant or corrupt
agents to execute their will and enact
laws for them, by the simple device of
the referendum wicked or treacher-
ous agent could not bind them by a
law they did not approve Hence the
referendum became part Of the unwrit-
ten law of the land to preserve sover-
eighty in their own hands. If corrupt
boards of council sold valuable fran
chises and put the money in their
pockets it could not become law until
it received their approval. This left
no loopholes for grafters to rob their
constituents and set up a trust. And
this is exactly what Oklahoma did, but
MIR. Taft canvassed that state to con-
vince the people they should not hold
the referendum as a check rein on
grafters, and in so doing he has taught
US how he has wandered away from the
practice of fathers.
A court of governors in our system
with full powers Of conciIiation and
arbitration would have made the union
Of states perfect and indissoluable. As
1t is with the supreme court splitting
hairs and attempting to settle great
constitutional questions by bench of
five to four, nothing can ever be finally
settled upon the principles of Justice.
Public law should be so plain that the
full bench of nine judges could see
where justice lies and their decisions
should always be unanimous. A court
of forty-six governors representing the
sovereignty of forty-six states would
be infinitely better qualified to ex-
pound the constitution than q court OF
nine members. Besides, this would
round ont our dual system of govern
ment as the fathers intended it. The
states were all sovereign state and they
did not part with their sovereignty in
forming the federal government, but
formed it as their agent to execute
their will as a federal sovereignty fol
national purposes alone, and the feder
al government justly administered fol-
and in the name of its creators-ths
states-never had any authority excep
what was plainly written in the consti
tuition. And if congress, and the pres
ident, and all federal officers, high ant
, low, had remained within their owl
proper sphere as laid down In the con
a stitution we never could have had AM
strife. But absolutism has stuck to n
!. as the shadow sticks to the post that il
immovable, and the absolutists ar,
q now waging more bitter war for tn
: mastery over clean government thai
they did hundred years ago.
Men like Luke Wright frequentl,
change, but principles never do. Be
fore Heriod wrote and Homer sung O
the glories of Greece, twelve of tn
little Greek states had formed fedora
q compact. as the Amphictyonic counci
). which met twice year, in spring AM
autumn. The spring session was hel,
in the temple of Apollo at Delphi ant
the fall session in the temple of Cere
at Anthela near Thesmopyla. Eacl
y state elected two members of the coun
:, Gil without regard to the number of it
Q inhabitants. This council of. twenty
= four determined all questions Of inter
I national law and as high court OF ju
o dicature settled all disputes between
y the states. They bound themselves b
l. an oath not to make war on each othe
or destroy any city of theAmphictyons
J, nor cut off their streams of water il
war or peace, aud if any should do 8
e they would march against him and de
!, stroy his cities and take vengeance o.
him with "hand and foot and voic
and all their might" 1t will thus b
; seen that the Greek states looked alon
TO the binding force of an oath to main
!" tain the federal pact, insure justice an
Is preserve the union. But an infractio
of their oath by any one or more OF th