If the people has no share in the government, the nobility is itself the people.A host of poor Barnabotes never gets near any magistracy, and its nobility consists merely in the empty title of Excellency, and in the right to sit in the Great Council.As this Great Council is as numerous as our General Council at Geneva, its illustrious members have no more privileges than our plain citizens.It is indisputable that, apart from the extreme disparity between the two republics, the bourgeoisie of Geneva is exactly equivalent to the patriciate of Venice; our natives and inhabitants correspond to the townsmen and the people of Venice; our peasants correspond to the subjects on the mainland; and, however that republic be regarded, if its size be left out of account, its government is no more aristocratic than our own.The whole difference is that, having no life-ruler, we do not, like Venice, need to use the lot.
Election by lot would have few disadvantages in a real democracy, in which, as equality would everywhere exist in morals and talents as well as in principles and fortunes, it would become almost a matter of indifference who was chosen.But I have already said that a real democracy is only an ideal.
When choice and lot are combined, positions that require special talents, such as military posts, should be filled by the former; the latter does for cases, such as judicial offices, in which good sense, justice, and integrity are enough, because in a State that is well constituted, these qualities are common to all the citizens.
Neither lot nor vote has any place in monarchical government.The monarch being by right sole prince and only magistrate, the choice of his lieutenants belongs to none but him.When the Abbé de Saint-Pierre proposed that the Councils of the King of France should be multiplied, and their members elected by ballot, he did not see that he was proposing to change the form of government.
I should now speak of the methods of giving and counting opinions in the assembly of the people; but perhaps an account of this aspect of the Roman constitution will more forcibly illustrate all the rules I could lay down.It is worth the while of a judicious reader to follow in some detail the working of public and private affairs in a Council consisting of two hundred thousand men.4.THE ROMAN COMITIA W E are without well-certified records of the first period of Rome's existence; it even appears very probable that most of the stories told about it are fables; indeed, generally speaking, the most instructive part of the history of peoples, that which deals with their foundation, is what we have least of.Experience teaches us every day what causes lead to the revolutions of empires; but, as no new peoples are now formed, we have almost nothing beyond conjecture to go upon in explaining how they were created.
The customs we find established show at least that these customs had an origin.The traditions that go back to those origins, that have the greatest authorities behind them, and that are confirmed by the strongest proofs, should pass for the most certain.These are the rules I have tried to follow in inquiring how the freest and most powerful people on earth exercised its supreme power.
After the foundation of Rome, the new-born republic, that is, the army of its founder, composed of Albans, Sabines and foreigners, was divided into three classes, which, from this division, took the name of tribes.Each of these tribes was subdivided into ten curiæ , and each curia into decuriæ , headed by leaders called curiones and decuriones.
Besides this, out of each tribe was taken a body of one hundred Equites or Knights, called a century , which shows that these divisions, being unnecessary in a town, were at first merely military.But an instinct for greatness seems to have led the little township of Rome to provide itself in advance with a political system suitable for the capital of the world.
Out of this original division an awkward situation soon arose.The tribes of the Albans (Ramnenses) and the Sabines (Tatienses) remained always in the same condition, while that of the foreigners (Luceres) continually grew as more and more foreigners came to live at Rome, so that it soon surpassed the others in strength.Servius remedied this dangerous fault by changing the principle of cleavage, and substituting for the racial division, which he abolished, a new one based on the quarter of the town inhabited by each tribe.Instead of three tribes he created four, each occupying and named after one of the hills of Rome.Thus, while redressing the inequality of the moment, he also provided for the future; and in order that the division might be one of persons as well as localities, he forbade the inhabitants of one quarter to migrate to another, and so prevented the mingling of the races.
He also doubled the three old centuries of Knights and added twelve more, still keeping the old names, and by this ****** and prudent method, succeeded in ****** a distinction between the body of Knights, and the people, without a murmur from the latter.
To the four urban tribes Servius added fifteen others called rural tribes, because they consisted of those who lived in the country, divided into fifteen cantons.Subsequently, fifteen more were created, and the Roman people finally found itself divided into thirty-five tribes, as it remained down to the end of the Republic.