At Rhodes, indeed, and also at Athens, orators existed without number, and the reason is, in those communities the people directed every thing; a giddy multitude governed, and, to say the truth, all things were in the power of all.  In like manner, while Rome was engaged in one perpetual scene of contention; while parties, factions, and internal divisions, convulsed the state; no peace in the forum, in the senate no union of sentiment; while the tribunals of justice acted without moderation; while the magistrates knew no bounds, and no man paid respect to eminent merit; in such times it must be acknowledged that Rome produced a race of noble orators; as in the wild uncultivated field the richest vegetables will often shoot up, and flourish with uncommon vigour.  And yet it is fair to ask, Could all the eloquence of the Gracchi atone for the laws which they imposed on their country?  Could the fame which Cicero obtained by his eloquence, compensate for the tragic end to which it brought him [b]?

XLI.  The forum, at present, is the last sad relic of ancient oratory.  But does that epitome of former greatness give the idea of a city so well regulated, that we may rest contented with our form of government, without wishing for a reformation of abuses?  If we except the man of guilt, or such as labour under the hard hand of oppression, who resorts to us for our assistance?  If a municipal city applies for protection, it is, when the inhabitants, harassed by the adjacent states, or rent and torn by intestine divisions, sue for protection.  The province, that addresses the senate for a redress of grievances, has been oppressed and plundered, before we hear of the complaint.  It is true, we vindicate the injured, but to suffer no oppression would surely be better than to obtain relief.  Find, if you can, in any part of the world a wise and happy community, where no man offends against the laws:  in such a nation what can be the use of oratory?  You may as well profess the healing art where ill health is never known.  Let men enjoy bodily vigour, and the practice of physic will have no encouragement.  In like manner, where sober manners prevail, and submission to the authority of government is the national virtue, the powers of persuasion are rendered useless.  Eloquence has lost her field of glory.  In the senate, what need of elaborate speeches, when all good men are already of one mind?  What occasion for studied harangues before a popular assembly, where the form of government leaves nothing to the decision of a wild democracy, but the whole administration is conducted by the wisdom of a single ruler?  And again; when crimes are rare, and in fact of no great moment, what avails the boasted right of individuals to commence a voluntary prosecution?  What necessity for a studied defence, often composed in a style of vehemence, artfully addressed to the passions, and generally stretched beyond all bounds, when justice is executed in mercy, and the judge is of himself disposed to succour the distressed?