The Great Events by Famous Historians [Volumes 1-14]

It was to meet this situation, wherein the Government and the States as individuals could not act, that the simple, self-evident plan of the House of Governors was proposed. It required no Constitutional amendment or a single new law passed in any State to create it or to continue it. It can not make laws; it would be unwise for it to make them even were it possible. Its sole power is as a mighty moral influence, as a focusing point for public opinion and as a body equal to its opportunity of transforming public opinion into public sentiment and inspiring legislatures to crystallize this sentiment into needed laws. It will live only as it represents the people, as it has their sympathy, support, and cooperation, as it seeks to make the will of the people prevail. But this means a longer, stronger, finer life than any mere legal authority could give it.

The House of Governors has the dignity of simplicity. It means merely the conference of the State Executives, the highest officers and truest representatives of the States, on problems that are State and Interstate, and concerted action in recommendations to their legislatures. The fullest freedom would prevail at all meetings; no majority vote would control the minority; there would have to be a quorum decided upon as the number requisite for an initial impulse toward uniform legislation. If the number approving fell below the quorum the subject would be shown as not yet ripe for action and be shelved. Members would be absolutely free to accept or reject, to do exactly as they please, so no unwilling legislation could be forced on any State. But if a sufficient number agreed these Governors would recommend the passage of the desired law to their legislatures in their next messages. The united effort would give it a greater importance, a larger dynamic force, and a stronger moral influence with each. It would be backed by the influence of the Governors, the power of public sentiment, the leverage of the press, so that the passage of the law should come easily and naturally. With a few States passing it, others would fall in line; it would be kept a live issue and followed up and in a few years we would have legislation national in scope, but not in genesis.

The House of Governors, in its attitude toward the Federal Government, is one of right and dignified non-interference. It will not use its influence with the Government, memorialize Congress, or pass resolutions on national matters. What the Governors do or say individually is, of course, their right and privilege, but as a body it took its stand squarely and positively at its first conference which met in Washington in January of this year as one of "securing greater uniformity of State action and better State Government." Governor Hughes expressed it in these words: "We are here in our own right as State Executives; we are not here to accelerate or to develop opinion with regard to matters which have been committed to Federal power." The States in their relation to the Federal Government have all needed representation in their Senators and Congressmen.

The attitude of the Governors in their conferences is one of concentration on State and Interstate problems which are outside of the domain and Constitutional rights of the Federal Government to solve. There can be no interference when each confines itself to its own duties. In keeping the time of the nation the Federal Government represents the hour-hand, the States, united, the minute-hand. There will be correct time only as each hand confines itself strictly to its own business, neither attempting to jog the other, but working in accord with the natural harmony wrapped up in the mechanism.

We need to-day to draw the sharpest clear-cut line of demarcation between Federal and State powers. This is in no spirit of antagonism, but in the truest harmony for the best interests of both. It means an illumination which will show that the "twilight zone," so called, does not exist. This dark continent of legislation belongs absolutely to the States and to the people in the unmistakable terms of the Tenth Amendment: "The powers not delegated to the United States by the Constitution or prohibited by it to the States are reserved to the States, respectively, and to the people." This buffer territory of legislation, the domain of needed uniform laws, belongs to the States and through the House of Governors they may enter in and possess their own. The Federal Government and the States are parts of one great organization, each having its specific duties, powers, and responsibilities, and between them should be no conflict, no inharmony.