Principles of Liberty.
If from all this we desire to deduce a still more general consequence, and to express it in a purely philosophical form, we shall acknowledge that, in order that right may certainly exist in any place, it must exist everywhere, that its presence at the centre is vain unless it be present also in localities; that, without political liberty, there can be no solid municipal liberties, and vice versâ. If, however, we consider the facts already stated in reference to the municipal system taken in itself and in its internal constitution; if in these facts we look for principles—we shall meet with the most singular amalgamation of the principles of liberty with those of despotism; an amalgamation, perhaps unexampled, and certainly inexplicable to those who have not well understood the course of circumstances, both in the formation and in the decline of the Roman world.
The presence of principles of liberty is evident. They were these.
1. Every inhabitant possessing a fortune which guaranteed his independence and intelligence, was a curial; and, as such, called upon to take part in the administration of the affairs of the city. Thus, the right was attached to presumed capacity, without any privilege of birth, or any limit as to number; and this right was not a simple right of election, but the right of full deliberation, of immediate participation in affairs, as far as they related to what occurred in the interior of a town, and to interests which might be understood and discussed by all those who were capable of raising themselves above the cares of individual existence. The curia was not a restricted and select council, it was an assembly of all the inhabitants who possessed the conditions of curial capacity.
2. An assembly cannot administrate—magistrates are necessary. These were all elected by the curia, for a very short time; and they answered for their administration by their private fortune.
3. In circumstances of importance, such as changing the condition of a city, or electing a magistrate invested with vague and more arbitrary authority, the curia itself was not sufficient; the whole body of the inhabitants was called in to take part in these solemn acts.
Who, on beholding such rights, would not think that he saw a small republic, in which municipal and political life were merged in one another, and in which the most democratic rule prevailed? Who would think that a municipality thus regulated formed a part of a great empire, and depended, by narrow and necessary bonds, on a remote and sovereign central power? Who would not, on the contrary, expect to meet with all the outbreaks of liberty, all the agitations and cabals, and frequently all the disorder and violence which, at all periods, characterize small societies thus shut up and governed within their own walls?
Principles Of Despotism.
Nothing of the kind was the case, and all these principles of liberty were lifeless. Other principles existed which struck them to death.
1. Such were the effects and exactions of the central despotism that the quality of curial ceased to be a right confessedly belonging to all who were capable of exercising it, and became a burden imposed upon all who were able to bear it. On the one hand, the government discharged itself from the care of providing for those public services which did not affect its own interests, and so cast the obligation on this class of citizens; and, on the other hand, it employed them to collect the taxes destined for its use, and made them responsible for the payment thereof. It ruined the curials in order to pay its own functionaries and soldiers; and it granted to its own functionaries and soldiers all the advantages of privilege, in order to obtain their assistance forcibly to prevent the curials from escaping from their impending ruin. Complete nullities as citizens, the curials lived only to be fleeced.
2. All the elective magistrates were, in fact, merely the gratuitous agents of despotism, for whose benefit they robbed their fellow-citizens, until they should be able, in some way or another, to free themselves from this unpleasant obligation.
3. Their election even was valueless, for the imperial delegate in the province could annul it, and they had the greatest personal interest in obtaining this favour from him; in this way also, they were at his mercy.
4. Lastly, their authority was not real, for it had no sanction. No effective jurisdiction was allowed them; they could do nothing that might not be annulled. Nay, more: as despotism daily perceived more clearly their impotence or ill-will, it daily encroached further upon the domain of their attributes, either by its own personal action, or by its direct delegates. The business of the curia vanished successively with its powers; and a day was not far distant when the municipal system would be abolished at a single stroke in the rapidly decaying empire, "because," the legislator would say, "all these laws wander, in some sort, vaguely and objectless about the legal territory."