made a revolution. It was revolution against
the spirit of the constitution, when Gracchus submitted
the domain question to the people; and revolution
also against the letter, when he destroyed not only
for the moment but for all time coming the tribunician
veto— the corrective of the state machine,
through which the senate constitutionally got rid
of interferences with its government—by
the deposition of his colleague, which he justified
with unworthy sophistry. But it was not in this
step that the moral and political mistake of the action
of Gracchus lay. There are no set forms of high
treason in history; whoever provokes one power in
the state to conflict with another is certainly a
revolutionist, but he may be at the same time a discerning
and praiseworthy statesman. The essential defect
of the Gracchan revolution lay in a fact only too
frequently overlooked—in the nature of
the then existing burgess-assemblies. The agrarian
law of Spurius Cassius(35) and that of Tiberius Gracchus
had in the main the same tenor and the same object;
but the enterprises of the two men were as different,
as the former Roman burgess-body which shared the
Volscian spoil with the Latins and Hernici was different
from the present which erected the provinces of Asia
and Africa. The former was an urban community,
which could meet together and act together; the latter
was a great state, as to which the attempt to unite
those belonging to it in one and the same primary
assembly, and to leave to this assembly the decision,
yielded a result as lamentable as it was ridiculous.(36)
The fundamental defect of the policy of antiquity
—that it never fully advanced from the urban
form of constitution to that of a state or, which
is the same thing, from the system of primary assemblies
to a parliamentary system—in this case avenged
itself. The sovereign assembly of Rome was what
the sovereign assembly in England would be, if instead
of sending representatives all the electors of England
should meet together as a parliament—an
unwieldy mass, wildly agitated by all interests and
all passions, in which intelligence was totally lost;
a body, which was neither able to take a comprehensive
view of things nor even to form a resolution of its
own; a body above all, in which, saving in rare exceptional
cases, a couple of hundred or thousand individuals
accidentally picked up from the streets of the capital
acted and voted in name of the burgesses. The
burgesses found themselves, as a rule, nearly as satisfactorily
represented by their de facto representatives in the
tribes and centuries as by the thirty lictors who de
jure represented them in the curies; and just as what
was called the decree of the curies was nothing but
a decree of the magistrate who convoked the lictors,
so the decree of the tribes and centuries at this time
was in substance simply a decree of the proposing
magistrate, legalised by some consentients indispensable
for the occasion. But while in these voting-assemblies,