Show I ROME ROM AND THE UNITED STATES I BY JUDGE OHARLES B. B V WAITE Ih The Roman floman republic lasted over GOO 00 ye years rs During that long Jong period it gradually extended it its s power until nearly all the then known habitable world T ha had b been en brought un under er tho the dominion do- do minion ninion of the republic Where are we wo to In look for tho secret of this thie unexampled success 1 Not to their heir form of government for though thought h hit it t contained tho the elements clements of n a r pub pub- lie He ic it had serious an and even c dangerous crous defects and was never perfected or completed in an any definite and porma- porma neat nent form We 0 are arc then to look for forit forit fort it t in in tho the character of the people The Roman citizen thou though h no ho is is considered con con- to havo o lived in a n semi semi-barbar ous had man many mauj- of tho the qualities ota ofa of ot a n bi high h type typo of manhood lie He wan wa possessed possessed pos- pos of or of coltra courage e sa sagacity nc t and discretion tion ion and aud in fact of all or most of those thoc qualities which in that a age e constitute one man iian superior to another Moreover Moro More over ho was inspired b by intense patri patri- With him him the love and pride of country was u a passion If the tho form of government un under er which he ho lived Jived was WIS not lot of the best befit it was as the best hi his fathers Lad had been heen able to devise and as at ashe asic he ic realized that to it ho owe owed tho the liberty lib hib- hib erty he lie enjoyed ho bo was determined it should bo be preserved ho was ex- ex jealous of un- un any attempt to over ocr turn urn the republic or of nn any a assumption of f unwarrantable power In tho the earlier earlier ear car lier her and better days of the republic an any attempt of that kind was immediately immedi i. i nt y punished with death lentil As this feature of Ro Roman an history is ig of interest interest inter inter- est let us notice some examples 1 The rho In the tho year oar of the city 30 B. B C. C The Tho D Decem cem irs were appointed a as a n commission ion to draft a new codo code of laws and to pro pro- poso hOSO joso matters for tho the consideration of hc tho senate and the people They were granted ranted unusual powers which supposed to bo be necessary for tho proper prop prop- er cr discharge o of their duties The They were appointed for a U year only but hut at the Ule expiration of that time representing enting that their work ork ork was incomplete and aud asking for an extension of th their ir power for another year rear it was granted g In Inthe tho the meantime they had hall produced tho the code of the twelve tables with which the tho people wore well pleased At the lie end of tho the two years eare 1 the he taking advantage of their popularity refused to resign and nd proceeded ed to cx ex- erciso unlimited power The people at nt first were wore disposed to submit But they tho were soon aroused by bythe bythe bythe the well known incident of a respectable respectable respect respect- able Roman citizen stabbing his own dau daughter to death to preserve her honor hon hon- or from Claudius ono one of the DC irs cem The Tho people now rose as one man and hurled the irs from power Realizing the danger from which tho they hail had so narrowly escaped tho people people peo pee Pie went vent to tho the other extreme extremo and anel passed an act to restrain under the tho severest se St verest penalties of confiscation and death any any person from over ever proposing a le legislative ve commission 2 In the tho year rear of the city B. B C. C Sp a Roman kni knight Lt being possessed of great wealth gathered up immense immense quantities of corn and being able ablo to supply the wants of the tho poor ho he had formed a n dangerous dangerous dan dan- crons party and aspired to absolute do do- minion minion Tho The s senate nate and people were alarmed and fa failing Jin to appear when summoned was waa put to death 3 Manlius l In Tn tho year vear of Romo Rome B. B C. C The Tho year previous the city had been taken b by the thc Gaull except except ex ex- pt the capitol which owns was successfully defended lJ by and aud saved sl from d destruction Yet notwithstanding this distinguished service senico when a 1 fter afterward ward upon his merit in this and other services Benice ho endeavored by his intrigues intrigues in tri ul s with the populace to rise to imperial im im- im- im penal power ho was thrown headlong from the tho vcr very verj rod rock from wh which cb he ha had defended the capitol 4 4 In tho the year of tho the city B. B C C. 1 4 Information was received ed at Rome nome that at this place combinations had bad been formed against the government Tho The proctor praetor appointed a J. J special commission to inquire into the tho matter and 1 finding that the existed ho ordered the place to bo be razed to the ground G. G o. o Cataline In the year car of tho the city B. B C. C 61 The Tho conspiracy of f which gave o a occasion for some somo of tho world worM renowned orations of C Cicero ct ro is well weB known and needs hero only to be adverted to G. G Tho remaining instance is familiar to even even- school ho boy throughout hout theland tho the tholand land Caius Calus Julius JuJius Caesar In the year yeal of Rome Home 70 jOg B. B C. C 14 U. Cat Caesar ar after a series of successful campaigns against the turned his arms against his country Having conquered tho armies of th the republic under Pompey lompe he entered tho the city of 01 Rome Home an and at itt once onre assumed imperial impei-ial power He lie not only filled all the lesser Jesser offices with his fri friends and dependents but he even ventured to lay lar hands lan s on the consulships ind to to designate nato p pert per per- cr- cr t soils to fill thiu without submitting their claims to the choice of the thc people lIe He thus actually extinguished tho the right of 5 suffrage e. e which hail been the tho distinguishing feature of the tho republic for nearly GOO years The Roman people eople though much degenerated degenerated de de- de generated were not prepared for this From the tho moment when they thov were vere de deprived de- de of tho the right to vote voto for or tho the consuls con con- I dc-I tho the doom of Caesar was sealed scaled Either the republic must c cease censo o longer to continue or Caesar must die I Tho The vivid manner in iu which his bis death I is portrayed br hr tho the great reat tragedian is isa isa isa a faithful reflex of the thc spirit of tho the I times tho the love of or liberty an and devotion dc to country which still animated the better classes of Roman c citizens Are Arc there now any instructive contrasts con eon to bo be drawn between these two republics republic Let us soc see 1 The rhe Romans never nevor voluntarily vested ested tho the highest civil and military authority in in the tho samo same person at ut tho the same time So w well was this understood that when a 3 militar military commander approached ap tho the city of Romo with his arm army even CU when expecting a n triumph which hall hail been d decreed to him ho lie must remain the gates until leave len was waH given i en him to enter As a n general rule which was enforced enforced enforced en en- forced except when military commanders command command- e ers s had bad taken possession of tho the city an and had bad for the thc time being overthrown the tho republic no man mami without res resigning nin his military command and dismissing h his s army could enter the city or oven even go o beyond tho the limits of tho province in in which ho lie had hind governed go Accordingly Ij in the thc year B. B C. C 51 11 I when the officers who h had d been sent tho the preceding year to the command of provinces were ero returning to Rome and tome some of them wore were soliciting the military mili mihi- tar tar tary honors to which they thought themselves themselves them them- selves solves entitled by their services they thoy remained with their ensigns of magistracy magistracy magistracy magis magis- tracy in the suburbs Even Een Augustus in tim tho plenitude of his power and while establishing tho the monarchy was willing to respect this thi r regulation Wi Wishing hing to pronounce a funeral oration in the city and being nt at tho same time timo a military character in tho the actual exercise of a military r commission and as such buch not being permitted permitted per per- by tho the ancient forms of tho the republic republic re re- re- re public to enter the city ho spoke his bis funeral oration in tho the Circus without the tho walls Such i was this feature of the unwritten unwritten ten constitution of the Roman republic The American republic on the other hand 1 by its written constitution vests the hi highest hest civil il and military authority in iii the same person at tho the same sarno samp time tune Time The president is tho the highest civil il executive executive executive exec exec- officer and i is at tho the samo caine time commander in chief of tho arm army and navy v both hoth in war and in iii peace And Anti so far at as entering th the city is concerned there is no constitutional restriction no law Jaw nor any custom having the force of law which would prevent the tho president president dent as commander in chief from assembling as as- at tho tim cit city of shin W Washington ton at atnay nn nay time the tho entire army of tho the United States 2 3 Wo We have s seen on with what vigilance lance lano the Roman republic was guarded against any assumption and exercise of unwarranted power and how ho any such act was punished In tho the American ln republic on the other oth oth- er hand the chief executive o is permitted permit permit- permitted ted tho the uso use of power not authorized authorIze by bJ bythe bythe the tho constitution and nd inimical to our form of government Though the time powers pow pow- powers ers of government arc are expressly lj divided into three departments executive lc leg leg- and judicial ho he is permitted to tomake tomake tomake make unprecedented encroachments upon the other departments and to endeavor to control their action time the le legislative islat e I h by my himself initiating Ic legislative o action having bills drawn an and holdin holding mixed caucuses legislative and executive for forthe forthe forthe the purpose of a agreeing upon bills to bo ho passed and devising ising ways and means to secure their passage o the tho judicial by pending t messages cs to congress attacking judges es upon the tho bench and denouncing them for their decisions lie He is permitted to disregard the tho ri rights of the state governments go aud and to try tn to control state le legislation d lie Ho is permitted to interfere with the elections of tho the p people both federal and state and to specify the candidates whom bo lu desires eires to have elected also alsoto alsoto to select elect candidates candidate in advance ad of nominating nominating nomi nomi- noting conventions and do everything o in his hili power to fl secure CUrO their nomination thus usurping the he functions of the people people peo pee pIe and becoming tho time political as well as tho time executive and military head bead of tho the nation making no secret of his purpose pur put pose to remodel our form of govern monte mont All this he is permitted to do on tho the ground that these extraordinary powers II have nave been ben thus far and it is believed the they the will continue to be exercised for forthe forthe the public good Tho Romans did not always wait to see how tho the power would be used They considered the vcr very assumption of illegal ille gal al power an nn attempt to subvert sub the rePublic re re- public They looked upon it as ono one of tho the h highest of crimes one ono which should and did meet with condi condign n punishment The Tho crime consisted not in tho time abuse abuso of power but in its usurpation |