The two great republics : Rome and the United States

Preface

N 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 modem 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

•6 PREFACE

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 191 3.

Contents

PAGE

Preface S

CHAP.

CHAPTER I The Two Republics

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

TT 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 lo THE TWO GREAT REPUBLICS

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

ROME AND THE UNITED STATES n

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 htiman achievements, especially during the past century, have reached almost into the realm of the marvelous; but in many other fields — those relating to htiman 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 failiu*e.

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 poHtics and the nature of the problems which confront her, is to be found in the great Roman repubHc of two thousand years ago.

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

I. 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 voltime as the political history of Rome is outlined.

CHAPTER II Roman Legislative Assemblies

TN ONE important respect in the management of their poHtical affairs, the citizens of the Roman repubHc occupied a most disadvantageous position in comparison with the citizens of any modern republic. The greatest defect in the poHtical 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 cityrepublic on the Tiber, but entirely inadequate to meet existing conditions when the Roman territories had been extended far beyond the confines of Latitmi 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 curicB, 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 rapidlydeclined, 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 TuUius. 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 ntimerous 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 trihutum plehis, the word concilium indicating a conference of a certain part of the people rather than a legislative assembly of the whole people.

It woiild 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 comitiae 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 tribime appears as the proposer of the law it was passed by the comitia tributa; but if the proposer was a consul, praetor, or dictator, the law was the work of the comitia centuriata.

The powers of the two comitiae 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, praetors, and censors. The comitia tributa originally possessed the right of electing only the tribunes and the plebeian sediles; at a later period they elected also the curule aediles, the quaestors, 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 ail 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 praetors men who had previously been chosen by the comitia tributa as quaestors and aediles. 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 curiae, 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 curi^ 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. Diu-ing 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 prastors 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

'T^HE variety of things which are able to serve as a basis for hiiman vanityare 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 cosmopoHtan 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 Latiimi 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 Janiculimi 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 Casre, 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 lif e. ' ' (Mommsen's History oj 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 eariy repubHc; 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.