TWO GREAT REPUBLICS

THE TWO GREAT REPUBLICS

ROME AND THE
UNITED STATES

By

JAMES HAMILTON LEWIS

RAND McNALLY & COMPANY
CHICAGO NEW YORK

Copyright, 1913,
By Rand, McNally & Company



The Rand-McNally Press
Chicago

PREFACE

In this book I have proposed to compare conditions recorded in Roman history with those existing in America that should warn, by reason of the results at Rome. It is not the purpose of this volume to offer a mere textbook or a scholastic essay on historical events. It is not the purpose merely to record those events which led to the destruction of the Roman republic, and with this end our work. The main purpose of this book is to compare events as they transpired in the one republic and in the other.

The political history of the Roman republic is throughout its whole course a continuous contest between radicals and conservatives. The striking resemblances between the basis of the political controversies of Ancient Rome and the modern political and economic problems render it almost impossible for any historian to approach the political history of Rome entirely free from prejudice. The bias of the historian, whether toward the liberal or the conservative side in politics, is sure to affect to a greater or less degree the pictures which he paints of the events and actors in Roman history. To indicate to some extent these varying views, and to present to the reader some of the ideas of prominent writers on Roman history, a number of extracts from the works of other authors have been inserted, as occasion demanded, in this work. In the majority of cases such an insertion should be understood as an attempt to present all sides of some controverted historical question rather than as indicating the approval by the author of the views expressed therein.

In arranging the perspective of this book, its main object has been kept constantly in mind. The importance of events has been weighed from the standpoint of their effect upon the decay and collapse of the free political institutions of Rome; with the result that many subjects, to which considerable space would be devoted in a general Roman history, have been passed over with a mere notice, while other events, perhaps of less popular interest, have been treated at length.

I would be false to the first sense of justice did I not here acknowledge the aid I have obtained from Professor Albert H. Putney, dean of the Webster College of Law, Chicago, and a lawyer of the state of Illinois at the city of Chicago (my home), who has been the principal contributor from whom I have received assistance, and much that can be found in this book in the nature of real historical data, and of the philosophy of reasoning from this data, is due to him, and I desire to acknowledge my indebtedness and to give full credit for the value of this work.

James Hamilton Lewis

United States Senate Chamber, Washington, D. C.
       September 1913.

CONTENTS

THE TWO GREAT REPUBLICS

ROME
AND
THE UNITED STATES

CHAPTER I

The Two Republics

"How like, how unlike, as we view them together."—Holmes.

It is now nearly two thousand years since the curtain fell upon the last act in the history of the Roman republic. During these twenty centuries many other republics have flourished and passed away, while, in turn, new republics have arisen to take the place of the earlier ones; but no other fallen republic in the whole course of history has attained to the same degree of importance, has possessed the same degree of interest, or has exerted the same influence on the history of the world, as did that of Rome. The five centuries of republican institutions on the banks of the Tiber still remain the richest quarry to which the student or historian of republican governments is able to resort for his material.

"History," says Lord Macaulay, "is philosophy teaching by examples." The most practical value of the study of history arises from the aid which it can give us in understanding the present and in forecasting the future. Bolingbroke, on the "Uses of History," commands its study as a protection against the unexpected. The main purpose of any American, who to-day studies the history of the greatest republic of the ancient world, should be to discover whether or not the story of the rise and fall of that government teaches any lessons which might be of value to the American of to-day; whether the evils which were the causes of the overthrow of the Roman republic find any counterpart in the problems which agitate our own country.

One of the greatest of American orators, in urging Americans to draw their historical lessons from the history of their own country, says that "when we go back into ancient history, we are bewildered by the differences of manners and institutions"; but sometimes it is with the earliest of nations that the most striking comparisons may be made, and from their history that the greatest lessons may be learned.

The truth is that the progress of mankind, during that small fragment of the period of its existence upon this earth which we are permitted to see by the light of history, has been very uneven in the extent of its advances along the different lines of human progress. In the fields of scientific discovery and of material results human achievements, especially during the past century, have reached almost into the realm of the marvelous; but in many other fields—those relating to human reason, to knowledge of the human mind, to the relation between man and man, and to the science of government—human progress has been so slight that man's efforts in these directions must still receive the verdict of failure.

The reason for this great discrepancy is perhaps not difficult to discover. It is easy for the mass of mankind to accept and receive the benefits which come to them from the struggles and mental efforts of the few intellectual giants whom the human race from time to time produces; but all this takes place with very little change in the minds or emotions of the mass of humanity.

As, for example, the pages of Homer are studied, it is hard to say whether the strongest impression left upon the mind of the reader is that of the vast difference between the external life of that period and of the twentieth century, or that of the striking similarity between the qualities and emotions of the characters in these epics and of the men and women of to-day.

In the field of the material world any comparison between the existing conditions in the United States to-day and the conditions in any ancient country could hardly be of any particular value; except, perhaps, to indicate the great distance which has been traveled. In the field of government and politics, however, the most valuable comparison which it is possible to make with existing conditions in the United States is not with the present conditions in any modern country, nor is it with conditions of an earlier age in any Anglo-Saxon or even Teutonic country. The greatest resemblance to the existing conditions in the United States, both as to the character of her politics and the nature of the problems which confront her, is to be found in the great Roman republic of two thousand years ago.

In studying the decline and fall of the Roman republic it will appear that this result was most directly brought about by the three following causes:

1. Long before the time when Rome had attained to the height of her power, great inequalities of wealth had arisen between the different strata of the Roman citizens; the prosperity which came to Rome as a result of her conquests was not distributed among her whole citizen body. Indeed, while the wealth of the community as a whole was rapidly increasing, the wealth of the great mass of the citizens was rapidly decreasing, not only relatively but even absolutely. The acute stage of the contest between the rich and the poor arose immediately after the conclusion of the long contest between patricians and plebeians, and at the time when, theoretically, all political distinctions and privileges between citizens had disappeared. Yet, in fact, the suffrage was then limited to the free citizen—the smallest class of the humble or toiling numbers.

2. The influence of a large and constantly increasing class of demagogues, possessed of knowledge of human nature and endowed with skill in the management of men, yet entirely lacking in principle, patriotism, or any sense of public obligation. These wrought upon a mob of unqualified and reckless voters, who had nothing to lose and were more anxious for immediate personal benefit than for the gradual but permanent amelioration of the hardships of the class to which they belonged.

3. The absence of any system of representative organization in the Roman government.

The first two of these evils are to be found in the American republic of to-day as well as in the Roman republic of the past; the last of the three was a disadvantage suffered by Rome but outgrown by the modern republics. This last evil will be treated by itself in the succeeding chapter, while the two former will be shown in the remainder of the volume as the political history of Rome is outlined.

CHAPTER II

Roman Legislative Assemblies

In one important respect in the management of their political affairs, the citizens of the Roman republic occupied a most disadvantageous position in comparison with the citizens of any modern republic. The greatest defect in the political organization of Rome, as of all other ancient republics, lay in the utter absence of representative legislative assemblies. The want of such institutions, in the absence of all the other causes of disruption, might of itself have been sufficient to have caused the downfall of the Roman republic.

The invention and development of such representative assemblies has been the greatest contribution which the Anglo-Saxon race has made to the political progress of the world. It is largely the existence of such bodies which renders practical the continued existence of modern republics, with jurisdiction over extended areas.

The Roman legislative bodies were, throughout the whole period of Roman history, popular assemblies,—bodies of a character well adapted for the government of the community when Rome was a mere city-republic on the Tiber, but entirely inadequate to meet existing conditions when the Roman territories had been extended far beyond the confines of Latium and even beyond the shores of the Italian peninsula.

The system of Roman popular assemblies was so complicated, and these assemblies were so closely connected with every phase and every important epoch in Roman political history, that it seems advisable to stop at the outset and give a brief description of each of these assemblies; of the manner in which they were constituted; of their origin; and of the scope of their respective powers.

The oldest of these popular assemblies was the comitia curiata, which for a considerable period was the only body in Rome with the power to enact laws. This assembly was based upon the original division of the people into gentes and curiæ, and was throughout its history a distinctively patrician body. The force of the contest for a share in political power, waged by the plebeians, took in the main the direction of stripping the comitia curiata of its power instead of securing for the plebeians the right of membership in this assembly.

After the creation of the comitia centuriata the powers of the older comitia rapidly declined, and were in the main limited to the control of certain portions of the state religion; particularly those religious formalities connected with elections, legislation, or the investure of military leaders with the imperium. At a still later time, the comitia curiata ceased to meet at all, and was merely considered as being represented by the lictors.

The two important assemblies of the people during the period of the history of the Roman republic were the comitia centuriata and the comitia tributa. The comitia centuriata came into existence during the period which lies on the border line between mythology and history. In the legendary history of the Roman kingdom the creation of this assembly is given as one of the reforms of Servius Tullius. However this may be, it was undoubtedly in existence (although not in the exact form which it later acquired) as early as the sixth century before Christ. This assembly was reorganized some time before the Punic Wars. In its final form the tribal division was taken as the primary division of the people; each tribe was divided into five classes, according to the wealth of the citizens, and each class into two centuries, one century in each class consisting of seniores, or men above forty-five years of age, and one consisting of juniores, or men between the ages of eighteen and forty-five. The ten centuries from each of the tribes made a total of three hundred fifty centuries, to whom were added eighteen centuries of knights, making a total of three hundred sixty-eight centuries. Every question submitted to the comitia centuriata was decided by the vote of a majority of centuries. Although all freemen had the right to vote in this assembly, the power of the richer classes was disproportionately great. This was secured by assigning to the five classes, into which each tribe was divided, a very disproportionate number of citizens. The first class, to which only the richest citizens were admitted, was very small in size, while the fifth (and lowest) class was probably more numerous than the other four classes combined.

The comitia centuriata was originally an assembly of the Roman citizens in the form of an army, and the divisions into classes was based upon the kind of equipment with which each soldier was able to provide himself. The eighteen centuries of knights represented the cavalry of the army. These centuries of knights possessed the right of having their votes taken first, which constituted another advantage for the wealthy classes. In 241 B.C. the knights were deprived of their right of voting first, but this privilege was given to the centuries of the first rank, assigned by lot.

The comitia tributa, or assembly of the tribes, first met in 489 B.C., it being convened by the Senate at that time to sit in judgment upon a patrician, Coriolanus, the responsibility for whose fate the Senate desired to throw upon the plebeians. This assembly was originally a strictly plebeian body, and its original authority was limited to the administration of the business of the plebeian order. The class character of the comitia tributa is indicated by its original name—concilium tributum plebis, the word concilium indicating a conference of a certain part of the people rather than a legislative assembly of the whole people.

It would be hard to say whether it was the increased power of the tribunes which developed the authority of the comitia tributa, or whether it was the increased power of the comitia tributa which first gave to the tribunes the vast power which they were ultimately able to exercise in Rome. However this may be, the fact is evident that the power of the comitia tributa and of the tribunes rose together. At a later date, membership in the comitia tributa was not limited to the plebeians, but the influence of the patricians in this assembly was always inconsiderable and they generally absented themselves from its meetings. Although the wealthy classes had no predominating influence in the comitia tributa, its decision upon any question was far from being, necessarily, the decision of the majority. Measures submitted to the comitia tributa were carried or defeated by the vote of the majority of the tribes, and the numbers enrolled in each tribe were very unequal, all the inhabitants of the city of Rome being enrolled into four tribes, and a very disproportionate power being thus given to the rural voters.

The meetings of the comitia tributa were generally presided over by a tribune, although sometimes by one of the consuls. At first the laws passed by the comitia tributa were required to be confirmed by a vote of the comitia centuriata, but this requirement was abolished in 339 B.C. by the Publilian and Horatian laws. The provisions of these laws were reaffirmed by the Hortensian laws in 286 B.C.; and it is certain that at least from this date the full validity of a law passed by the comitia tributa was never questioned.

In the comitia centuriata and the comitia tributa we see the anomalous condition of two independent law-making assemblies; and as there was no division between them of the field of legislation, it is hard to see how, even with the controlling influence of the Senate, conflicts between the two were so generally avoided. So completely were the two comitiæ on an equality as to the validity of the laws enacted by each that the records generally fail to show by which assembly any particular law was passed, but this can generally be ascertained by looking at the name of the proposer of the law. If a tribune appears as the proposer of the law it was passed by the comitia tributa; but if the proposer was a consul, prætor, or dictator, the law was the work of the comitia centuriata.

The powers of the two comitiæ as to the election of officers were differentiated. The comitia centuriata, at all stages in the history of the Roman republic, possessed the right of electing the highest officers of the republic—the consuls, prætors, and censors. The comitia tributa originally possessed the right of electing only the tribunes and the plebeian ædiles; at a later period they elected also the curule ædiles, the quæstors, the majority of the legionary tribunes, and all the inferior officers of state. The comitia tributa, in the later days of the republic, secured an indirect control over the election of the higher officers also, since the adoption of the legal principle that all Romans who sought the highest honors of the state must pass through a regular gradation of offices rendered it necessary for the comitia centuriata to choose as consuls and prætors men who had previously been chosen by the comitia tributa as quæstors and ædiles. It must be remembered, however, that the law relative to the order in which the various offices must be held was of a directory rather than a mandatory character; while in the main obeyed, it was, nevertheless, frequently violated.

The various public offices here referred to will be discussed in the later chapters as each office first comes into existence in Roman history. It remains at this time to speak of the organization, powers, and authority of the Roman Senate, particularly as to its control over the work of the popular assemblies.

The extent of the power of the Senate over legislation varied greatly in different periods of Roman history, and these differences were caused more by the existing political conditions, and by the relative strength of the aristocratic and popular parties in Rome, than by any express changes by legislation.

At the very outset of Roman history we see the Senate existing as an aristocratic body, embodying in itself both the oligarchical principles upon which the Roman government was based, and also the patriarchal basis upon which the Roman family organization and later the organization of the Roman state itself had been built.

Originally, each of the three Roman tribes was divided into ten gentes, each gens into ten curiæ, and each curia, besides constituting one of the units in the comitia curiata, furnished one member of the Roman Senate. The Senate continued after the organization by curiæ had become obsolete. Membership in the Senate was at all periods for life, but did not descend from father to son. Vacancies in the Senate were filled by appointment, these appointments being made first by the kings, later by the consuls, and finally by the censors. As the censors were chosen only once in five years, vacancies in the Senate were filled only at such intervals. The aristocratic party in Rome, by keeping control of the office of censor, was able to perpetuate their majority in the Senate. In filling such vacancies, preference was given to those who had held some of the higher offices during the preceding five-year-period. Many members of the Senate had held the office of consul; many more hoped to hold it in the future. All members of the Senate, with few exceptions, had held some civic office, and were men of property and of mature age.

All the dignity of Rome and of the Roman government centered in the Roman Senate. The minister of Pyrrhus described this body as "an assembly of kings," and it might well have aroused the surprise and admiration of a foreign ambassador, as nowhere else in the world at that time was it possible to find such an assembly, either from the standpoint of the character of the body itself or of the qualifications of its members.

At an early period no law could be presented before the comitia centuriata or the comitia tributa without having been previously approved by the Senate, and after the passage of the act, either by the comitia centuriata or the comitia tributa, it must be promulgated by the Senate before it went into effect. The Senate, therefore, was never possessed of a direct general power of legislation, but had in the fullest degree both the power of initiating legislation and of vetoing it. At a later period the control of the Senate over legislation became theoretically less, but practically greater.

By the Publilian Law (339 B.C.) the control of the Senate over the comitia centuriata was reduced to a mere formality. By this time, however, the officers of the state, the tribunes as well as the consuls, had fallen completely under the control of the Senate, while the comitia tributa, in turn, fell more and more under the control of the consuls and tribunes respectively. During the latter period of the republic the Senate practically legislated, and gave the bill to one of the tribunes (the tribunes were at this time far more completely under the control of the Senate than were the consuls) to secure the mere formality of its passage by the comitia tributa.

The management of foreign affairs was at all times exclusively in the hands of the Senate, except that the question of declaring war or concluding peace must be submitted to the vote of the people in one of the popular assemblies. The Senate also regulated the religious affairs of the Roman state (after this power fell from the hands of the comitia curiata); assigned consuls and prætors their provinces of administration and command; fixed the amount of troops to be raised both from the Roman citizens and from the Italian allies; sent and received ambassadors; controlled the calendar, adding to or taking away from a year so as to lengthen the term of a favorite official or to shorten the term of an unpopular one; decreed or refused triumphs to Roman generals, and possessed a general control over the financial affairs of the state.

CHAPTER III

The First Great Melting Pot

The variety of things which are able to serve as a basis for human vanity are almost unlimited. This holds true as well in the case of national vanity as in the case of the vanity of the individual. The most backward and least attractive of human races generally consider themselves superior to the rest of mankind, and too often on account of the peculiarities which, in the minds of others, are the most convincing proofs of their inferiority. Even among the more advanced races of mankind great pride is often manifested in attributes which, properly viewed, are rather a disgrace, or at least a detriment to the race.

Few things in the world are held in greater respect, by the great masses of men, than a long line of ancestry of unmixed blood. It seems to be generally felt that the purity of any race, that is, its freedom from interbreeding with outsiders, is a matter of credit. The lesson of history, however, shows that purity of blood in any nation is an evidence of, or perhaps rather cause of, degeneracy and decay, and that the great nations of history have been the cosmopolitan races, the races of mixed descent and hybrid ancestry. If it be thought that the Jewish people are an exception to this, let it be recalled that the Jews are a mixed people, originally of many conflicting tribes, and later continually mixed with other races.

In the pages of ancient history Rome stands out as the first great cosmopolitan race, or at least the first mixed race, in the creation of which we are able to watch the melting pot in full operation.

Three thousand years ago the Italian peninsula presented a veritable medley of races. In the south and along the eastern coast were found the cities and colonies founded by the two streams of immigration from the neighboring peninsula across the Adriatic—the Pelasgian and the Greek. In the center of Italy were to be found the various branches of the Oscan, Umbrian, and Sabellian races. Farther to the north was the country of the Latins. Etruscans and Gauls dwelt between Latium and the Alps. It was only at a much later time that Cisalpine Gaul began to be considered a part of Italy.

In its earliest days Rome, while possessing many features in common with the other Italian cities, presented at the same time many differences.

"The unfavorable character of the site renders it hard to understand how the city could so early attain its prominent position in Latium. The soil is unfavorable to the growth of fig or vine, and in addition to the want of good water-springs, swamps are caused by the frequent inundations of the Tiber. Moreover, it was confined in all land directions by powerful cities. But all these disadvantages were more than compensated by the unfettered command it had of both banks of the Tiber down to the mouth of the river. The fact that the clan of the Romilii was settled on the right bank from time immemorial, and that there lay the grove of the creative goddess Dea Dia, and the primitive seat of the Arval festival and Arval brotherhood, proves that the original territory of Rome comprehended Janiculum and Ostia, which afterwards fell into the hands of the Etruscans. Not only did this position on both banks of the Tiber place in Rome's hands all the traffic of Latium, but, as the Tiber was the natural barrier against northern invaders, Rome became the maritime frontier fortress of Latium. Again, the situation acted in two ways: Firstly, it brought Rome into commercial relations with the outer world, cemented her alliance with Cære, and taught her the importance of building bridges. Secondly, it caused the Roman canton to become united in the city itself far earlier than was the case with other Latin communities. And thus, though Latium was a strictly agricultural country, Rome was a center of commerce; and this commercial position stamped its peculiar mark on the Roman character, distinguishing them from the rest of the Latins and Italians, as the citizen is distinguished from the rustic. Not, indeed, that the Roman neglected his farm, or ceased to regard it as his home; but the unwholesome air of the Campagna tended to make him withdraw to the more healthful city hills; and from early times by the side of the Roman farmer arose a non-agricultural population, composed partly of foreigners and partly of natives, which tended to develop urban life." (Mommsen's History of Rome.)

It was, therefore, as a cosmopolitan, commercial city that the Romans first came into prominence. The early population was composed of mixed Etruscan and Latin stock, to which representatives of every Italian tribe and of the Greeks were soon added. By the beginning of the truly historical times the Romans had become merged into one race, representing the combined product of the races of Italy. It was this fact, very largely, which contributed to her success over the purer (ethnologically) races which surrounded her.

There were two great divisions of the melting-pot process at Rome; the first, that existing during the days of the kingdom and of the early republic; the second, that of the later republic and the empire. During the first period the process of intermixture, as has been said, was between the different races of Italy; within the second period Rome became the center of the civilized world, and her population included representatives of all the known races of mankind.

In no other despotism in the history of the world is there to be found so little racial or class distinction as in the Roman empire. Such distinctions were never able to exist at Rome during any portion of her history. The permanent privileged classes were those possessed of wealth, or of military power, and the descendants of both the conquerors and the conquered of one epoch would be found in the next indiscriminately divided among the exploiters and the exploited of the times.

The patricians, the descendants of the early settlers of Rome, were unable to maintain their special caste privileges, and were compelled to admit the plebeians to equal political rights and privileges. Class distinction remained in as marked a degree as ever at Rome, but the distinction was now between rich and poor, and the rich plebeian took equal rank with the rich patrician. Nor were the united Roman orders strong enough to preserve a monopoly of political privileges for Romans when the territory of Rome was extended over the Italian peninsula. It was found necessary to extend the franchise first to the residents of Latium and later to those of the other portions of Italy.

More remarkable still were the conditions which we find after the establishment of the empire and the extension of Roman territory around the shores of the Mediterranean Sea. There were no royal house, no hereditary nobility, and few special privileges left for the inhabitants of Rome. The distinctions between rich and poor were never more galling; but high birth conferred no great advantage, and the lowest born could rise to the highest posts of honor. The ponderous weight of the empire ground out racial and caste distinctions and welded together all the heterogeneous mass. The provinces became Romanized, and the population of Rome became a mixture of all the races of the provinces. Of how little importance Rome was to the later empire is shown by the removal of the seat of the empire by Constantine to Constantinople, and the continued existence of an empire calling itself Roman for more than a thousand years after Rome had ceased to constitute a part of such empire.

CHAPTER IV

The Early Republic

The first epoch of the Roman republic is that extending from the overthrow of the kings, about 509 B.C., to the passage of the Licinian Laws in 367 B.C. The history of this century and a half at Rome is primarily the history of internal strife and class antagonisms. During these early days the progress made by the republic toward the expansion of its territories or the extension of its foreign influence was inappreciable.

Rome, during these days, was contending on a position of near equality with the neighboring cities of Latium and Etruria. Twice during this period the independence, perhaps the very existence, of the city was seriously threatened.

The war against the Etruscans, which followed immediately upon the expulsion of the last of the Tarquin kings, resulted so unfavorably to Rome that not only was her territory considerably reduced in size but even the subjugation of Rome itself might probably have been accomplished but for the forbearance of her victorious opponents.

Later, in 390 B.C., the capture and sack of Rome by the Gauls nearly proved the death-blow of the Roman republic. The internal dissensions of this period were mainly responsible for the lack of military success. Although it is true that the history of early Rome, unlike the histories of the various early Grecian states, records few instances where hatred or bitterness arising from political defeat induced a citizen to turn traitor to his country, and although the approach of a foreign foe was generally sufficient to bring about a truce in Roman political hostilities and the union of all factions in the city against the common national enemy, still it must be remembered that the amount of energy possessed by a community is limited. When the all-absorbing questions agitating a people are those relative to internal political contests, the energies of the ablest men of each generation are spent mainly in political contests instead of being exerted for the common welfare of the community.

The influence which the internal dissensions at Rome must have exerted on her military success is shown by a comparison of the military history of the Roman republic prior to 367 B.C. with the wonderful career of conquest which the Roman republic entered into immediately after the passage of the Licinian Act. This act, although producing a partial and temporary cessation of class contests at Rome, nevertheless sufficiently healed the internal wounds of the state to enable it to rapidly advance from a city-republic to a world power.

"The results of this great change were singularly happy and glorious. Two centuries of prosperity, harmony, and victory followed the reconciliation of the orders. Men who remembered Rome engaged in waging petty wars almost within sight of the Capitol lived to see her the mistress of Italy. While the disabilities of the plebeians continued, she was scarcely able to maintain her ground against the Volscians and Hernicans. When those disabilities were removed, she rapidly became more than a match for Carthage and Macedon." (Macaulay.)

The republic created at Rome in the course of the sixth century before Christ was distinctively an undemocratic republic. The benefits to the plebeians resulting from the overthrow of the kingdom were of slight, if any importance. The political power of the state remained almost entirely in the hands of the patricians, and the right to hold office was restricted to the members of this caste. At this time the members of the patrician order were perhaps not very much inferior in numbers to the plebeian order; but the discrepancy between the numbers of the two orders so rapidly increased that by the beginning of the fourth century before Christ the government of Rome had become practically that of an oligarchy.

In the latter days of the republic, in the contest which resulted in the overthrow of the republic, the basic reasons for the struggle were of an economic rather than a political character. In the period now under discussion the political element predominated in the class contests, although various elements of disagreement were to be found existing side by side.

"Three distinct movements agitated the community. The first proceeded from the body of full citizens, and was confined to it; its object was to limit and lessen the life-power of the single president or king; in all such movements at Rome, from the time of the Tarquins to that of the Gracchi, there was no attempt to assert the rights of the individual at the expense of the state, nor to limit the power of the state, but only that of its magistrates. The second was the demand for equality of political privileges, and was the cause of bitter struggles between the full burgesses and those, whether plebeians, freedmen, Latins, or Italians, who keenly resented their political inequality. The third movement was an equally prolific source of trouble in Roman history; it arose from the embittered relations between landholders and those who had either lost possession of their farms, or, as was the case with many small farmers, held possession at the mercy of the capitalist or landlord. These three movements must be clearly grasped, as upon them hinges the internal history of Rome. Although often intertwined and confused with one another, they were, nevertheless, essentially and fundamentally distinct. The natural outcome of the first was the abolition of the monarchy—a result which we find everywhere, alike in Greek and Italian states, and which seems to have been a certain evolution of the form of constitution peculiar to both peoples." (Mommsen.)

The overthrow of the monarchy was accomplished quickly and effectively. Unlike the case in most countries, the monarchy once overthrown, there was no attempt for nearly five centuries to reëstablish it. The word "king" was regarded with such hatred that the mere accusation made against any public leader that he was seeking to make himself king was generally sufficient to utterly destroy his influence, even when such charges were unfounded and unsupported by evidence.

The men who established the new form of government created after the expulsion of Tarquinius adopted the theory of political checks and balances which we afterwards find exerting such a strong influence upon the framers of our American Constitution. It was necessary that at least a part of the powers formerly exercised by the king should be intrusted to some official under the new régime. The greatest efforts, however, were made to render it impossible for any Roman official to use the governmental powers granted him in such a manner as to secure for himself the kingly office. The mere provision that the highest official in the government should be elected, rather than succeed to the office by right of descent, was rightly judged to be by itself an insufficient protection against the seizure of supreme power by some Roman tyrant.

A stronger safeguard was found in the division of the highest power in the state between two officials, who later came to be known as consuls. (The officers afterwards known as consuls were for a considerable period known as prætors; after the term consul came into use the name prætor at a still later period was given to the possessor of a new office created shortly after the passage of the Licinian Act.) The kingly power, or that part of it not absolutely abolished or given to the religious officials, was vested jointly in the two consuls, each possessing the full right to exercise all the functions of the office. Under this division of power each consul was considered a most effective check upon any ambition for a crown which might be possessed by the other.

Another safeguard, a safeguard which unfortunately has recently been too much disregarded in the United States, consisted in the short term of office prescribed by the new law, the consuls and other Roman officials being elected for a term of one year only.

While, as has been said, the consuls retained in general all the former powers of the king, still in some respects these powers were curtailed:

1. By the Valerian Law of 509 B.C. each person condemned by the consul to capital or corporal punishment was entitled to an appeal as a matter of right. It had previously been optional with the king whether to grant an appeal.

2. The consuls never possessed the various pecuniary rights of the kings, such as that of having the fields cultivated by the citizens.

3. The quæstors, who had previously been appointed or not by the king himself, as he saw fit, now became regular state officials.

4. The religious duties and powers of the king did not pass to the consul. The highest religious officer of the state, the pontifex maximus, was from this time on elected by the Pontifical College. The various colleges of priests (all of whom had formerly been appointed by the king) now filled up vacancies in their own numbers. Other religious officers were appointed by the pontifex maximus. On account of the close connection between the Roman religion and the Roman government, the pontifex maximus became a strong political power in the city. By the power of this officer and his associates to hold the auspices and regulate the calendar, they were enabled to prevent or permit the holding of the public assemblies, extend or decrease the term of office of public officials, and exercise a greater or less influence on almost every public question or proceeding.

5. The insignia and marks of dignity permitted to the consul were of a less imposing character than those previously granted to the king. While the king had been accompanied by twenty-four lictors, the consul was permitted only twelve, and the axes were taken away. While the king had worn the purple robe, the consul wore merely the ordinary Roman toga with a purple border. The royal chariot of the king did not descend to the consul, who was obliged to travel on foot within the limits of the city.

6. There had been no provision in the Roman law for any redress for a wrong done by the king, but the consul, upon the termination of his year of office, stepped down at once into the mass of the citizens and could at any time be punished for any malfeasance during his official life.

7. An indirect restriction of the powers of the consuls arose from the increased dignity and authority of the Senate. The change in this respect, however, was practical rather than theoretical. According to the strict form of the law the Senate still bore the same relation to the consuls that they had previously borne to the king. The Senate was still nothing more than an advisory body, and all vacancies among the senators were filled by appointments made by the consuls. The increased importance of the Senate arose out of the advantage which an official holding office for life always possesses over a superior officer holding office for only a brief term. In the present day it frequently happens that a political appointee at the head of a department or bureau, with the workings of which he is not familiar, finds himself compelled to rely almost implicitly upon some subordinate official whose working life has been spent in that office.

The short term of a consul and the life term of the members of the Senate thus tended to secure to this body an ever increasing influence. It was seldom that any serious conflict arose between the consul and the Senate. The consuls were men who were already senators or who expected to become such, while of the senators, many had held the office of consul and many more hoped to hold it in the future.

This curtailment of the kingly power and the division of the powers which remained between two consuls of equal rank, while it secured the protection of the citizens from the danger of a new monarchy, strongly hindered vigor and unity of action in the prosecution of any enterprise. There were times, therefore, during the succeeding centuries in the life of Rome, when to meet temporary emergencies a stronger and undivided rule was necessary. To meet this need a new official was created—the dictator—who might be nominated by one of the consuls upon the authorization of the Senate and who, during the term of his office, which could not exceed six months, possessed and exercised almost absolute authority at Rome, and superseded all the other officials in their duties.

The original intention was that such an official should be appointed only in cases of military necessity, but later this office was frequently created to aid the patricians in their contests with the plebeians. Only the patricians were eligible for any of the newly created offices. The Senate was composed exclusively of this order, and it has already been explained, in Chapter II, how, through the expedient of putting more Roman citizens in some centuries than in the others, the patricians were able to control the vote of the majority of the centuries in the comitia centuriata.

It is thus apparent that the mere overthrow of the kings at Rome had accomplished little for the ordinary Roman citizen. In fact, the rule of a single monarch is often more beneficial to the poorer classes of a community than the rule of a favored class. The establishment of a republic, however, had eliminated one political element, and cleared the stage for the contest between the patricians and plebeians.

That the economic condition of the poorer classes in Rome changed for the worse after the institution of the republic is certain. It was for the interest of the early Roman kings to favor and protect the small Roman farmers, both for military and economic reasons. While the permanent interests of the patricians would have been promoted by the encouragement of this class, their temporary selfish interests called for the destruction of the Roman middle class, primarily the middle agricultural class, and the division of all Roman inhabitants into a small aristocracy on the one hand and a large proletariat on the other.

The two forms of exactions which fell the heaviest upon the Roman poorer classes were the barbarous laws against debtors and the dishonest administration of the public leaders. The desperate condition of the debtors at Rome at this time was a result of a number of different causes, including the high rate of interest, the right of the creditor to sell the debtor into slavery if the debt were not paid, the policy of the patrician creditors to demand the last pound of flesh in all their transactions, and the conditions which existed in Rome at this time which compelled many small landowners, against their wish and without any fault of their own, to become borrowers of money.

One harsh feature of this condition was the fact that it was the military service, which as Roman citizens they were compelled to render to the state, that more often than any other cause compelled the plebeians to borrow money and thus ultimately drove them to their ruin. For example, a small Roman farmer, through absence from his home on military service for the state, might lose his crop for the year. To support himself and his family until the next harvest, and to supply the means for the planting of the next year's crop, he would be obliged to borrow money, which, under the exorbitant rates of interest, soon reached an amount out of proportion to the original loan. Perhaps a second campaign would deprive him of the means of returning the loan, and his lands would be taken from him and he himself sold into slavery. As a final blow, the unfortunate plebeian saw the lands which had been won for the state by armies composed of his fellow plebeians reserved entirely for the use of the favored patrician order.

No more pernicious and unfair system could have been evolved than that which governed the management of the Roman public lands in the very first years of the republic. The earlier policy, under the kings, had been to divide the public land of the state into small allotments and to distribute it among those citizens of the state who most needed it. With the republic this policy ceased, and the public lands were nominally retained in the public ownership, but in reality were let out on leases to the patricians and a few favored men among the plebeians.

In theory the state retained the right to take back the land at any time and to receive a rent from the lessee; but in practice both these rights were disregarded. The lands held in this manner by the patricians were soon considered by them as much their own property as those to which they held the legal title, and were devised and pledged by their owners in substantially the same manner as any other land. The collection of the rent was soon abandoned; and not only this, but the land being in theory state land, the lessee (who was supposed to, but did not, pay rent) was not liable to pay taxes on this land.

The final working out of this matter may be summed up by saying that the poorer class of the plebeians furnished most of the soldiers for the campaign, stood most of the expense, suffered nearly all the losses both of life and property, were excluded from any share in the land captured in the war, and as a culmination saw their taxes yearly increased on account of the fact that the patricians, who monopolized the public land, succeeded in dodging the payment of rent and in evading the payment of taxes.

It was these conditions which brought about the remarkable spectacle of what may be well designated the first recorded strike in history—a strike in the Roman army. In 495 B.C. the Roman citizens were summoned to take the field for another military campaign. They refused to obey. One of the consuls, Publius Servilius, however, induced them to make the campaign by suspending some of the laws bearing most heavily upon the poor and by releasing all persons in prison for debt. But hardly had the army returned from a victorious campaign than the other consul, Appius Claudius, as a reward for their victory began to enforce the debtor laws with extraordinary severity.

Once more, in the following year, the plebeians were induced to take the field, mainly on account of the popularity of the dictator appointed for the management of this campaign, Marius Valerius, and his promise that upon the termination of the campaign permanent reforms would be made in the law. Again the Roman army was victorious, and again the patricians broke faith with the plebeians and refused to carry out their promised reforms.

The next scene in this conflict is one almost without parallel, either in ancient or modern history. The plebeians, disgusted by the selfishness and perfidy of the patricians, determined to abandon Rome to the patrician order and to found a new city for themselves upon the "Sacred Mount," a hill situated between the Tiber and the Anio. The patricians, thunderstruck by this unexpected movement, and being far more in need of the plebeians than the plebeians were of them, immediately made sufficient concessions to the plebeians to induce them to return to Rome.

Some of the concessions made at this time related to temporary provisions for relief of debtors; but the great innovation was that which established the office of tribune. The character of the office of tribune is absolutely unique in the political history of the world. The tribunes, elected by the people in the comitia tributa, were plebeian officers who were at first without any constructive part in the carrying on of the Roman government and whose sole duty at the outset was to protect the members of the plebeian order from the oppression of the patrician officials. This protection was exercised mainly through the use of the veto power given to the tribunes. Under this power the tribunes had the right at any time to put a stop to any act either by any of the public assemblies, by the Senate, or by any of the magistrates. It was a power which, if exercised to its fullest extent, could put a stop to the very carrying on of the government.

It speaks much for the moderation of the Roman tribunes that through all the centuries of the Roman republic little serious inconvenience was experienced from the use of this power. With few and unimportant exceptions, it was exercised only in cases where the welfare of the plebeians as a class, or of some particular plebeian, demanded it.

The creation of the office of tribune was merely one more example of that system of checks and balances which played so prominent a part in the framing of the government after the expulsion of the king—a system of checks and balances so strikingly resembling that in our Federal Constitution. The tribunes were introduced as a protection for the plebeians and an additional restraint upon the magistrates.

While at first the power and duties of the tribunes were entirely of a negative nature, they gradually acquired an authority of a positive character. The tribunes generally presided over the comitia tributa and took the lead in securing the passage of laws by that body. In addition they acquired judicial powers, and in cases where a plebeian had been wronged they could summon any citizen, even the consuls, before them, and might impose even the death penalty. The persons of the tribunes were declared inviolable, and any one who attacked them was thought to be accursed. The number of the tribunes was at first two, but was later increased to five and still later to ten.

The second great victory won by the plebeians was in the passage of the Publilian Law in 471 B.C. This law was proposed by the tribune Valerius Publilius, and was brought about by the murder of the tribune Gnæus Genucius. The main object of this law was the protection of the plebeian assembly and the plebeian officers, but its exact details are unknown. It is believed by some that the comitia tributa really came into existence with this law, and that previously the plebeians had voted by curies. The law limited to plebeian freeholders the right to vote in a plebeian assembly, and excluded nearly all the freedmen and clients who were under the influence of the patricians as well as the patricians themselves. It is possible also that the increase in the number of the tribunes from two to five was made by this law. In 462 B.C. an unsuccessful attempt was made to abolish the office of tribune; in 457 B.C. came the increase from five tribunes to ten.

From 451 to 450 B.C. the regular system of government at Rome was interrupted by the election and rule of the decemvirs. The episode of these decemvirs has an important place in Roman history; but (as is the case with all events in Roman history in the fifth century before Christ) our knowledge of these men, of their work, and of their overthrow is very uncertain. The election of these officials was primarily brought about by the recognized necessity for a reform and codification of the Roman laws. If the duties of these men had been limited to the preparation of such code, its character and position would not have been unsimilar to that of numerous other bodies of men appointed for a similar purpose in many countries and in all ages. But the peculiarity about the work of the decemvirs lies in the fact that upon their appointment all the ordinary Roman offices were discontinued and the entire judicial and executive administration of the state passed into the hands of the decemvirs.

During their first year of office the decemvirs drew up ten tables of laws, so called because the laws were engraved upon tables of copper and stood up in the Forum on the rostra in front of the Senate house.

According to the legends (for the Roman historical records of this century are little more than such), it had originally been intended to intrust the decemvirs with power only for a single year, but their work being incomplete at the expiration of the first year, they were chosen for a second year. It is uncertain whether the decemvirs for the second year were exactly the same men as those for the first year. According to some reports some of the decemvirs of the second year were plebeians, while none of those originally elected belonged to that order.

During their second year of office the decemvirs prepared two more tables of laws, and these, with the ten tables prepared during the preceding year, constituted the famous "Law of the Twelve Tables," the first Roman code of which we have any knowledge. Only fragmentary extracts from these tables have come down to us, but these fragments furnish us with such an insight into early Roman laws, institutions, and customs that they are here inserted:

THE TWELVE TABLES

Table I

THE SUMMONS BEFORE THE MAGISTRATE

1. If the plaintiff summon a man to appear before the magistrate and he refuse to go, the plaintiff shall first call witnesses and arrest him.

2. If the defendant attempt evasion or flight, the plaintiff shall take him by force.

3. If the defendant be prevented by illness or old age, let him who summons him before the magistrate furnish a beast of burden, but he need not send a covered carriage for him unless he choose.

4. For a wealthy defendant only a wealthy man may go bail; any one who chooses may go bail for a poor citizen of the lowest class.

5. In case the contestants come to an agreement, the magistrate shall announce the fact.

6. In case they come to no agreement, they shall before noon enter the case in the comitium or forum.

7. To the party present in the afternoon the magistrate shall award the suit.

9. Sunset shall terminate the proceedings.

10. ... sureties and sub-sureties....

Table II

JUDICIAL PROCEDURE

2. A serious illness or a legal appointment with an alien ... should one of these occur to the judge, arbiter, or either party to the suit, the appointed trial must be postponed.

3. If the witnesses of either party fail to appear, that party shall go and serve a verbal notice at his door on three days.

Table III

EXECUTION FOLLOWING CONFESSION OR JUDGMENT

1. A debtor, either by confession or judgment, shall have thirty days' grace.

2. At the expiration of this period the plaintiff shall serve a formal summons upon the defendant, and bring him before the magistrate.

3. If the debt be not paid, or if no one become surety, the plaintiff shall lead him away, and bind him with shackles and fetters of not less than fifteen pounds' weight, and heavier at his discretion.

4. If the debtor wish, he may live at his own expense; if not, he in whose custody he may be shall furnish him a pound of meal a day, more at his discretion.

6. On the third market day the creditors, if there are several, shall divide the property. If one take more or less, no guilt shall attach to him.

Table IV

PATERNAL RIGHTS

3. If a father shall thrice sell his son, the son shall be free from the paternal authority.

Table V

INHERITANCE AND TUTELAGE

3. What has been appointed in regard to the property or tutelage shall be binding in law.

4. If a man die intestate, having no natural heirs, his property shall pass to the nearest agnate.

5. If there be no agnate, the gentiles shall succeed.

7. ... if one be hopelessly insane, his agnates and gentiles shall have authority over him and his property ... in case there be none to take charge....

8. ... from that estate ... into that estate.

Table VI

OWNERSHIP AND POSSESSION

1. Whenever a party shall negotiate a nexum or transfer by mancipatio, according to the formal statement so let the law be.

5. Whoever in presence of the magistrates shall join issue by manuum consertio....

7. A beam built into a house or vine trellis shall not be removed.

9. When the vines have been pruned, until the grapes are removed....

Table VII

LAW CONCERNING REAL PROPERTY

5. If parties get into dispute about boundaries....

7. They shall pave the way. If they do not pave the way with stones a man may drive where he pleases.

8. If water from rain gutters cause damage....

Table VIII

ON TORTS

1. Whoever shall chant a magic spell....

2. If a man maim another, and does not compromise with him, there shall be retaliation in kind.

3. If with the fist or club a man break a bone of a freeman, the penalty shall be three hundred asses; if of a slave, one hundred and fifty asses.

4. If he does any injury to another, twenty-five asses; if he sing a satirical song let him be beaten.

5. ... if he shall have inflicted a loss ... he shall make it good.

6. Whoever shall blight the crops of another by incantation ... nor shalt thou win over to thyself another's grain....

12. If a thief be caught stealing by night and he be slain, the homicide shall be lawful.

13. If in the daytime the thief defend himself with a weapon, one may kill him.

15. ... with a leather girdle about his naked body, and a platter in his hand....

16. If a man contend at law about a theft not detected in the act....

21. If a patron cheat his client, he shall become infamous.

22. He who has been summoned as a witness or acts as libripens, and shall refuse to give his testimony, shall be accounted infamous, and shall be incapable of acting subsequently as witness.

24. If a weapon slip from a man's hand without his intention of hurling it....

Table IX

(No fragments of this table are extant.)

Table X

SACRED LAW

1. They shall not inter or burn a dead man within the city.

2. ... more than this a man shall not do ... ; a man shall not smooth the wood for the funeral pyre with an ax.

4. Women shall not lacerate their faces, nor indulge in immoderate wailing for the dead.

5. They shall not collect the bones of a dead man for a second interment.

7. Whoever wins a crown, either in person or by his slaves or animals, or has received it for valor....

8. ... he shall not add gold ... ; but gold used in joining the teeth.... This may be burned or buried with the dead without incurring any penalty.

Table XI

(No fragments of this table are extant.)

Table XII

SUPPLEMENTARY LAWS

2. If a slave has committed theft, or has done damage....

3. If either party shall have won a suit concerning property by foul means, at the discretion of the opponent ... the magistrate shall fix the damage at twice the profits arising from the interim possession.

The decemvirs were forcibly overthrown before the close of their second year in office. The stories as to the cause are not only conflicting but diametrically so. According to one historical theory, the rebellion against the decemvirs began among the plebeians on account of the oppression which they suffered from the hands of these men; while, on the other hand, it is believed by many historians that the decemvirs were overthrown by the patricians because they were giving too many concessions to the plebeians. Whatever the cause, the power of the decemvirs was taken from them and all the former Roman officials and assemblies were reëstablished, with the old powers and jurisdictions. The "Law of the Twelve Tables," which the decemvirs had drawn up, however, remained for centuries as the great basis of Roman law.

Five years after the deposition of the decemvirs the tribune Canuleius secured the passage by the comitia tributa of the Canuleian Law, which marked another milestone passed by the plebeians in their march toward equality before the law.