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as chivalric nobles sometimes will do�察 �turned courtiers or demagogues。  They were the people of Rome and  the provinces that sustained the emperors�察�and they were the  emperors who sustained the people�察�and gave to the provincials  the privileges of Roman citizens。

Guaranties against excessive centralism are certainly needed�察�but  the statesman will not seek them in the feudal organization of  societyin a political aristocracy�察�whether founded on birth or  private wealth�察�nor in a privileged class of any sort。  Better  trust Caesar than Brutus�察�or even Cato。  Nor will he seek them 164                                                                in  the antagonism of interests intended to neutralize or balance  each other�察�as in the English constitution。  This was the great  error of Mr。 Calhoun。  No man saw more clearly than Mr。 Calhoun  the utter worthlessness of simple paper constitutions�察�on which  Mr。 Jefferson placed such implicit reliance�察�or that the real  constitution is in the state itself�察�in the manner in which the  people themselves are organized�察�but his reliance was in  constituting�察�as powers in the state�察�the several popular  interests that exist�察�and pitting them against each otherthe  famous system of checks and balances of English states men。  He  was led to this�察�because be distrusted power�察�and was more  intention guarding against its abuses than on providing for its  free�察�vigorous�察�and healthy action�察�going on the principle that  ;that is the best government which governs least。; But�察�if the  opposing interests could be made to balance one another perfectly�察 �the result would be an equilibrium�察�in which power would be  brought to a stand´still�察�and if not�察�the stronger would succeed  and swallow up all the rest。  The theory of checks and balances  is admirable if the object be to trammel power�察�and to have as  little power in the government as possible�察�but it is a theory  which is born from passions engendered by the struggle against 165 despotism or arbitrary power�察�not from a calm and philosophical  appreciation of government itself。  The English have not  succeeded in establishing their theory�察�for�察�after all�察�their  constitution does not work so well as they pretend。  The landed  interest controls at one time�察�and the mercantile and  manufacturing interest at another。  They do not perfectly balance  one another�察�and it is not difficult to see that the mercantile  and manufacturing interest�察�combined with the moneyed interest�察 �is henceforth to predominate。  The aim of the real statesman is  to organize all the interests and forces of the state  dialectically�察�so that they shall unite to add to its strength�察 �and work together harmoniously for the common good。





166 CHAPTER VIII。

CONSTITUTION OF GOVERNMENT´CONCLUDED。


Though the constitution of the people is congenital�察�like the  constitution of an individual�察�and cannot be radically changed  without the destruction of the state�察�it must not be supposed  that it is wholly withdrawn from the action of the reason and  free´will of the nation�察�nor from that of individual statesmen。   All created things are subject to the law of development�察�and may  be developed either in a good sense or in a bad�察�that is�察�may be  either completed or corrupted。  All the possibilities of the  national constitution are given originally in the birth of the  nation�察�as all the possibilities of mankind were given in the  first man。  The germ must be given in the original constitution。   But in all constitutions there is more than one element�察�and the  several elements maybe developed pari passu�察�or unequally�察�one  having the ascendency and suppressing the rest。  In the original  constitution of Rome the patrician ele´ 167                                       ment was dominant�察�showing  that the patriarchal organization of society still retained no  little force。  The king was only the presiding officer of the  senate and the leader of the army in war。  His civil functions  corresponded very nearly to those of a mayor of the city of New  York�察�where all the effective power is in the aldermen�察�common  council�察�and heads of departments。  Except in name he was little  else than a pageant。  The kings�察�no doubt�察�labored to develop and  extend the royal element of the constitution。  This was natural�察 �and it was equally natural that they should be resisted by the  patricians。  Hence when the Tarquins�察�or Etruscan dynasty�察 �undertook to be kings in fact as well as in name�察�and seemed  likely to succeed�察�the patricians expelled them�察�and supplied  their place by two consuls annually elected。  Here was a  modification�察�but no real change of the constitution。  The  effective Power�察�as before�察�remained in the senate。

But there was from early times a plebeian element in the  population of the city�察�though forming at first no part of the  political people。  Their origin is not very certain�察�nor their  original position in the city。 Historians give different  accounts of them。  But that they should�察�as they increased in  numbers�察�wealth�察 �168                  and importance�察�demand admission into the  political society�察�religious or solemn marriage�察�a voice in the  government�察�and the faculty of holding civil and military offices�察 �was only in the order of regular development。  At first the  patricians fought them�察�and�察�failing to subdue them by force�察 �effected a compromise�察�and bought up their leaders。  The  concession which followed of the tribunitial veto was only a  further development。  By that veto the plebeians gained no  initiative�察�no positive power�察�indeed�察�but their tribunes�察�by  interposing it�察�could stop the proceedings of the government。   They could not propose the measures they liked�察�but they could  prevent the legal adoption of measures they dislikeda faculty  Mr。 Calhoun asserted for the several States of the American Union  in his doctrine of nullification�察�or State veto�察�as he called it。   It was simply an obstructive power。

But from a power to obstruct legislative action to the power to  originate or propose it�察�and force the senate to adopt it through  fear of the veto of measures the patricians had at heart�察�was  only a still further development。  This gained�察�the exclusively  patrician constitution had disappeared�察�and Marius�察�the head of a  great plebeian house�察�could be elected consul  169                                               and the plebeians  in turn threaten to become predominant�察�which Sylla or Sulla�察�as  dictator�察�seeing�察�tried in vain to prevent。  The dictator was  provided for in the original constitution。  Retain the  dictatorship for a time�察�strengthen the plebeian element by  ruthless proscriptions of patricians and by recruits from the  provinces�察�unite the tribunitial�察�pontifical�察�and military powers  in the imperator designated by the army�察�all elements existing in  the constitution from an early day�察�and already developed in the  Roman state�察�and you have the imperial constitution�察�which  retained to the last the senate and consuls�察�though with less and  less practical power。  These changes are very great�察�but are none  of them radical�察�dating from the recognition of the plebs as  pertaining to the Roman people。  They are normal developments�察 �not corruptions�察�and the transition from the consular republic to  the imperial was unquestionably a real social and political  progress。  And yet the Roman people�察�had they chosen�察�could have  given a different direction to the developments of their  constitution。  There was Providence in the course of events�察�but  no fatalism。

Sulla was a true patrician�察�a blind partisan of the past。  He  sought to arrest the plebeian development led by Marius�察�and to  restore the 170             exclusively patrician government。  But it was too late。   His proscriptions�察�confiscations�察�butcheries�察�unheard´of cruelties  which anticipated and surpassed those of the French Revolution of  1793�察�availed nothing。  The Marian or plebeian movement�察 �apparently checked for a moment�察�resumed its march with renewed  vigor under Julius�察�and triumphed at Pharsalia。  In vain Cicero�察 �only accidentally associated with the patrician party�察�which  distrusted himin vain Cicero declaims�察�Cato scolds�察�or parades  his impractical virtues�察�Brutus and Cassius seize the assassin's  dagger�察�and strike to the earth ;the foremost man of all the  world�察─�the plebeian cause moves on with resistless force�察 �triumphs anew at Philippi�察�and young Octavius avenges the murder  of his uncle�察�and proves to the world that the assassination of a  ruler is a blunder as well as a crime。  In vain does Mark Antony  desert the movement�察�rally Egypt and the barbaric East�察�and seek  to transfer the seat of empire from the Tiber to the banks of the  Nile or the Orontes�察�plebeian and imperial Rome wins a final  victory at Actium�察�and definitively secures the empire of the  civilized world to the West。

Thus far the developments were normal�察�and advanced civilization。   But Rome still retained  171                         the barbaric element of slavery in her  bosom�察�and had conquered more barbaric nations than she had  assimilated。  These nations she at first governed as tributary  states�察�with their own constitutions and national chiefs�察 �afterwards as Roman provinces�察�by her own proconsuls and prefects。   When the emperors threw open the gates of the city to the  provincials�察�and conceded them the rights and privileges of Roman  citizens�察�they introduced not only a foreign element into the  state�察�destitute of Roman patriotism�察�but the barbaric and  despotic elements retained by the conquered nations as yet only  partially assimilated。  These elements became germs of  anti´republican developments�察�rather of corruptions�察�and prepared  the downfall of the empire。  Doubtless these corruptions might  have been arrested�察�and would have been�察�if Roman patriotism had  survived the changes effected in the Roman population by the  concession of Roman citizenship to provincials�察�but it did not�察 �and they were favored as time went on by the emperors themselves�察 �and more especially by Dioclesian�察�a real barbarian�察�who hated  Rome�察�and by Constantine�察�surnamed the Great�察�a real despot�察�who  converted the empire from a republican to a despotic empire。  

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