The Two Great Republics: Rome and the United States Part 5

In 230 B.C. the Romans were engaged in war with the Illyrian pirates; and from 226 to 221 B.C. with the Insubrian Gauls, both of which conflicts resulted in easy victories for the Roman arms.

In the meantime Hamilcar, his son Hannibal, and his son-in-law Hasdrubal had been busy in Spain, reducing it under Carthaginian rule and preparing it to be used as a base of operation from which an invasion of Italy might be attempted whenever a favorable opportunity should present itself.

In 227 B.C. the Romans, becoming alarmed at the spread of the Carthaginian empire in Spain, insisted on a treaty by which the river Ebro was fixed as the northern boundary beyond which the control of Carthage should never extend. In 219 B.C. Hannibal (whose father and brother-in-law had by this time both fallen in the war) attacked the city of Saguntum, which, though south of the Ebro, was an ally of Rome. No heed being taken of the Roman remonstrances, war was again declared.

The Second Punic War lasted from 218 to 202 B.C. The early years of this war saw a long series of Carthaginian victories, and their great general, Hannibal, has ever since ranked as one of the greatest military geniuses in history. This war, however, has been well described as that of a man against a nation; and in the end the nation conquered. The final battle was that of Zama, fought in Africa in 202 B.C.

By the terms of the treaty of peace made at the close of this war Carthage surrendered to Rome all her territorial possessions outside of Africa, all her elephants, and all her war s.h.i.+ps except three triremes, and also bound herself to pay a heavy annual tribute for fifty years. In addition, Carthage was prohibited from making war, under any circ.u.mstances, outside of Africa, nor within Africa except with the consent of Rome; and was compelled to return to the ally of the Romans, Masinissa, king of Numidia, all the territory and property which had been taken from him or his predecessors by Carthage. In many respects, however, the treaty was favorable to Carthage, who was permitted to keep her African territory practically intact, who was also permitted to keep her independence, and was not required to receive any Roman garrison.

The Second Punic War was the decisive contest between Rome and Carthage, the First Punic War being indecisive and the third being merely the destruction of an already conquered people. This Second Punic War, however, was something more than the decisive contest between Rome and Carthage; it was the decisive contest between two continents, two races, two systems of inst.i.tutions. The battle of Metaurus has justly been cla.s.sed as one of the decisive battles of the world. The capture of Rome by Hannibal could not have failed to have entirely altered the whole future course of history. If Hannibal had been able to carry back to Carthage the spoils of a conquered Rome he would also have carried with them to Africa the scepter of world empire. He would have wrested race supremacy and the leading place in civilization from the Aryan for the Hamitic races. For many centuries, at least, the center of power and civilization would have been upon the southern instead of the northern sh.o.r.es of the Mediterranean, and it is at least doubtful whether, even to-day, the northern races could have completely eradicated the effects of such an event.

In spite of the earlier triumphs of Persia and Greece, it was not until the Roman victory over the Carthaginians that the position of the Aryan races became definitely a.s.sured.

Mommsen writes on the results of the Second Punic War as follows:

"It remains for us to sum up the results of this terrible war, which for seventeen years had devastated the lands and islands from the h.e.l.lespont to the Pillars of Hercules. Rome was henceforth compelled by the force of circ.u.mstances to a.s.sume a position at which she had not directly aimed, and to exercise sovereignty over all the lands of the Mediterranean. Outside Italy there arose the two new provinces in Spain, where the natives lived in a state of perpetual insurrection; the kingdom of Syracuse was now included in the Roman province of Sicily; a Roman instead of a Carthaginian protectorate was now established over the most important Numidian chiefs; Carthage was changed from a powerful commercial state into a defenseless mercantile town. Thus all the western Mediterranean pa.s.sed under the supremacy of Rome. In Italy itself, the destruction of the Celts became a mere question of time: the ruling Latin people had been exalted by the struggle to a position of still greater eminence over the heads of the non-Latin or Latinized Italians such as the Etruscans and Sabellians in lower Italy. A terrible punishment was inflicted on the allies of Hannibal. Capua was reduced from the position of second city to that of first village in Italy; the whole soil, with a few exceptions, was declared to be public domain-land, and was leased out to small occupiers. The same fate befell the Picentes on the Silarus. The Bruttians became in a manner bondsmen to the Romans and were forbidden to carry arms. All the Greek cities which had supported Hannibal were treated with great severity; and in the case of a number of Apulian, Lucanian, and Samnite communities a loss of territory was inflicted, and new colonies were planted. Throughout Italy the non-Latin allies were made to feel their utter subjection to Rome, and the comedies of the period testify to the scorn of the victorious Romans.

"It seems probable that not less than three hundred thousand Italians perished in this war, the brunt of which loss fell chiefly on Rome. After the battle of Cannae it was found necessary to fill up the hideous gap in the Senate by an extraordinary nomination of 177 senators; the ordinary burgesses suffered hardly less severely. Further, the terrible strain on the resources of the state had shaken the national economy to its very foundations. Four hundred flouris.h.i.+ng towns.h.i.+ps had been utterly ruined. The blows inflicted on the simple morality of the citizens and farmers by a camp life worked no less mischief. Gangs of robbers and desperadoes plundered Italy in dangerous numbers. Home agriculture saw its existence endangered by the proof, first given in war, that the Roman people could be supported by foreign grain from Sicily and Egypt. Still, at the close and happy issue of so terrible a struggle, Rome might justly point with pride to the past and with confidence to the future. In spite of many errors she had survived all danger, and the only question now was whether she would have the wisdom to make right use of her victory, to bind still more closely to herself the Latin people, to gradually Latinize all her Italian subjects, and to rule her foreign dependents as subjects, not as slaves--whether she would reform her const.i.tution and infuse new vigor into the unsound and fast-decaying portion of her state."

Up to the close of the third century before Christ the wars of Rome had been mainly forced upon her by the aggressions of others, or had grown out of disputes which had arisen in the natural course of events; but after the battle of Zama, Rome entered deliberately upon a career of foreign conquest.

In 200 B.C. a Roman army invaded Macedon, and Philip, the king of this country, was completely defeated at the battle of Cynoscephalae in 197 B.C., but the Romans consented to easy terms of peace at this time on account of the expectation of a war with Syria. The first war between Rome and Antiochus the Great, king of Syria, began in 191 B.C. and ended in 187 B.C. By the terms of peace Antiochus gave up all his claims in Europe, and in Asia west of the Taurus.

The Second Macedonian War began in 172 B.C. and was concluded by the great Roman victory at Pydna in 168 B.C. Macedon was at first divided into four republics, between which the rights of _connubium_ and _commercium_ were prohibited, but soon sank into the condition of a Roman province. Roman influence and interference were also rapidly increasing in Greece during this period, although no formal annexation of territory was made at this time.

The Third Punic War (149-146 B.C.), forced by Rome upon an almost helpless antagonist, resulted in the complete overthrow of the greatest of Rome's rivals. Carthage was completely destroyed, and Africa became a Roman province.

The Achaean War (147-146 B.C.) resulted in the practical subjection of all Greece to Rome; and between the years 143 and 133 B.C. the conquest of Spain was completed.

The interest in Roman history during the period from 367 to 133 B.C.

is mainly centered in the military achievements of the republic, but certain events in the political history of Rome during this period must be noted before pa.s.sing to a consideration of the violent political conflicts which arose over the proposed reforms of the Gracchi.

By the Lex Horatia and the Lex Publilia (339 B.C.) it was provided that the _plebiscita_ (that is, the decrees of the comitia tributa) should be binding as laws; that one of the censors must be a plebeian; and that the subsequent ratification by the Senate should not be necessary to render valid the laws pa.s.sed by the comitia centuriata.

In 326 B.C. the Lex Poetelia Papiria prohibited debtors from a.s.signing themselves as security for debts. This did not interfere with the selling of a debtor into slavery by means of the _legis actio per ma.n.u.s injectionem_; it merely prohibited the debtor from using himself as a special pledge to secure the payment of the debt.

In 304 B.C. the plebeians secured the publication of a manual containing full information as to the proper steps in the proceedings in the various _legis actiones_, and also as to the _dies fasti_. In the early days at Rome all legal knowledge had belonged to the patricians, who had always strenuously resisted any movement toward making such information open to all. An exclusive knowledge of the law is of great advantage to any special cla.s.s in any community, and one eagerly sought under different disguises in many countries. The present attempt to monopolize legal education in the United States, and to attack all movements which might tend to a general diffusion of legal knowledge among the ma.s.s of the community, is merely another manifestation of the same spirit which animated the Roman patricians in their long contests to keep all legal knowledge away from the plebeians. While the study of all professions which have no political signification, such as that of medicine, may safely be regulated by the government, and while the government may without injustice impose proper qualifications upon those who desire to practice law as their profession, any attempt of the government to restrict the teaching or study of the law, or to impose upon those desiring to take bar examinations restrictions intended merely to keep out of the profession those not fortunate enough to belong to the wealthy cla.s.ses, can be intended only as an attack on democratic principles and as an attempt to create a monopoly of legal learning for improper purposes.

In 286 B.C. was pa.s.sed the Hortensian Law, which brought about the complete political equality of plebeians and patricians, whatever slight distinctions still remained being removed by this law.

CHAPTER VI

THE TRIBES, THE COLONIES, AND THE PROVINCES

Complete equality of political and civil rights has never existed, in any republic, among those subject to the laws; and throughout the whole history of the Roman republic the most striking discriminations existed between different strata in the political and economic organizations.

The contests arising from caste distinctions among the Romans themselves are discussed in other chapters of this volume; it is here proposed to treat of the distinctions existing between Roman citizens, allies, and subjects and to describe briefly the status of each cla.s.s.

Just as in the days of the Roman kingdom the test of Roman citizens.h.i.+p was members.h.i.+p in one of the curiae, so in the time of the republic the test became members.h.i.+p in one of the tribes.

In the early days of the republic the number of tribes was twenty-one.

Four new tribes were established in 387 B.C. in the conquered territories of Veii, Capena, and Falerii. Other tribes were from time to time created, until by the time of the close of the war with Pyrrhus the total number of tribes was thirty-three. The twelve new tribes occupied a district beyond the Tiber extending a little farther than Veii, a portion of the Sabine and Aequian territory beyond the Anio, part of Latium, part of the Volscian territory, and the coast lands as far as the Liris. The last addition to the number of tribes at Rome took place in 235 B.C., when the number was increased to thirty-five.

The struggles in Rome for the extension of political rights and privileges were always of a concrete, never of an abstract character.

We find none of the philosophy of Montesquieu among the Romans; no discussion of natural rights, no effort for the securing of political equality in the abstract. The Roman contests for liberty were always of a strictly practical and, it might perhaps be added, of a strictly selfish character. We find a series of conflicts, in each of which a certain cla.s.s of the citizens (or subjects) of Rome fought for the right to be enrolled among those possessed of Roman political rights.

At first the contests were all between the actual inhabitants of Rome itself. The political controversies, however, did not terminate upon the admission of the plebeians to full political rights. After the plebeians had won their contests there came the Latins, and after the Latins the Italians.

The relation between early Rome and the other cities of Latium was of the closest character. From the remotest times, long before the foundation of Rome, a league of Latin cities was in existence. At the head of this league stood Alba Longa (the long white city). Rome in an early period in her history overthrew Alba Longa and succeeded to her place at the head of the confederacy. While, however, the primary of Alba Longa had never extended beyond giving to that city the honorary presidency of the league, making it the religious center of Latium, the leaders.h.i.+p of Rome was of a real and substantial character. By the terms of agreement between the members of the new Latin League, Rome was tacitly ranked as the equal of the other cities combined, it being agreed that all territory won by the league in war should be divided, one half to Rome and one half among the other cities. The rights of intermarriage and of trade existed between all the cities of the league.

In 384 B.C. Rome was strong enough to compel the league to agree to the closing of its members.h.i.+p. At that time there were in the league thirty towns with full Latin rights and seventeen towns without the right of voting. Towns which in the future should become connected with the league were to have the rights of intermarriage and of trade only with Rome.

The Latin League came to an end in 338 B.C. The extension of the rights of Roman citizens.h.i.+p, either complete or qualified, to other races in Italy is referred to in other chapters of this book. The history of this subject is thus summarized by Mommsen:

"It remains for us to consider the political effect of the mighty changes consequent upon the establishment of Roman supremacy in Italy. We do not know with exactness what privileges Rome reserved for herself as sovereign state. It is certain that she alone could make war, conclude treaties, and coin money; and that, further, any war or treaty resolved upon by the Roman people was legally binding on all Italian communities, and that the silver money of Rome was current everywhere in Italy.

"The relations of the Italians to Rome cannot in all cases be precisely defined, but the main features are as follows.

In the first place, the full Roman franchise was extended as far as was compatible with the preservation of the urban character of the Roman community. Those who received this franchise may be divided into three cla.s.ses. First, all the occupants of the various allotments of state lands, now embracing a considerable portion of Etruria and Campania, were included. Second, all the communities which, after the method first adopted in the case of Tusculum, were incorporated and completely merged in the Roman state....

Finally, full Roman citizens.h.i.+p was possessed by the maritime or burgess colonies which had been inst.i.tuted for the protection of the coast....

"Thus the t.i.tle of Roman citizen in its fullest sense was possessed by men dwelling as far north as Lake Sabatinus, as far east as the Apennines, and as far south as Formiae. But within those limits isolated communities such as Tibur, Praeneste, Signia, and Norba, were without the Roman franchise; while beyond them other communities, such as Sena, possessed it.

"In the next place, we must distinguish the various grades of subjection which marked all the communities not honored with the full Roman franchise. As in the case of the recipients of full citizens.h.i.+p, so here we may make a threefold division. To the first division belong the Latin towns: these retained their Latin rights; that is, they were self-governing and stood on an equal footing with Roman citizens as regards the right of trading and inheritance.

But it is important to observe that the Latins of the later times of the republic were no longer for the most part members of the old Latin towns, which had partic.i.p.ated in the Alban festival, but were colonists planted in Latium by Rome, who honored Rome as their capital and parent city, and formed the main supports of Roman rule in Latium. Indeed, the old Latin communities, with the exception of Tibur and Praeneste, had sunk into insignificance. It was but natural that the Latin colonies, issuing as they did from the burgess-body of Rome, should not rest content with mere Latin rights, but should aim at the full rights of Roman citizens. Rome, on the other hand, now that Italy was subjugated, no longer felt her former need of these colonies; nor did she deem it prudent to extend the full franchise with the same freedom as she hitherto had done....

"To the second division belong those towns whose inhabitants were pa.s.sive citizens of Rome (_cives sine suffragio_). They were liable to service in the Roman legions and to taxation, and were included in the Roman census. A deputy or prefect appointed annually by the Roman praetor administered justice according to laws which were subjected to Roman revision.

"In the third and last division we may include all allied communities which were not Latin states; the relation of these towns to Rome was defined by separate treaties, and therefore varied in accordance with the terms imposed by such agreements....

"It had taken Rome 120 years to complete the union of the Italian peninsula, broken up as it was by mountain ranges and naturally favoring the formation and preservation of various isolated states. But union it was, rather than a subjugation, and each nation was left to the practical management of its own affairs. Content with self-government, the various communities, for the most part, easily bore the yoke of Roman supremacy. Eventually all the munic.i.p.al towns received the full Roman franchise (90 B.C.), and thus established the munic.i.p.al principle of government which endures to the present day."

The rights of Roman citizens.h.i.+p were never generally given outside of the Italian peninsula, although such rights were granted to a few favored individuals in all portions of the Roman world. The possession of these rights was the greatest privilege which could be acquired by any subject of Rome. Even when the strictly political rights of such citizen disappeared under the empire, the personal distinction and protection connected with this citizens.h.i.+p remained. As striking an evidence of the dignity and privileges of a Roman citizen as could be desired is found in the Bible in the twenty-second chapter of Acts:

"The chief captain commanded him to be brought into the castle, and bade that he should be examined by scourging; that he might know wherefore they cried so against him.

"And as they bound him with thongs, Paul said unto the centurion that stood by, Is it lawful for you to scourge a man that is a Roman, and uncondemned?

"When the centurion heard _that_, he went and told the chief captain, saying, Take heed what thou doest: for this man is a Roman.

"Then the chief captain came, and said unto him, Tell me, art thou a Roman? He said, Yea.

"And the chief captain answered, With a great sum obtained I this freedom. And Paul said, But I was _free_ born.

"Then straightway they departed from him which should have examined him: and the chief captain also was afraid, after he knew that he was a Roman, and because he had bound him."