The resolution here taken about this sacred reserve, and the rigorous
sentence interdicting contrary propositions, is pronounced by Mr.
Mitford to be an evidence of the indelible barbarism of democratical
government.[253] But we must recollect, first, that the sentence
of capital punishment was one which could hardly by possibility
come into execution; for no citizen would be so mad as to make
the forbidden proposition, while this law was in force. Whoever
desired to make it, would first begin by proposing to repeal the
prohibitory law, whereby he would incur no danger, whether the
assembly decided in the affirmative or negative; and if he obtained
an affirmative decision, he would then, and then only, proceed to
move the reappropriation of the fund. To speak the language of
English parliamentary procedure, he would first move the suspension
or abrogation of the standing order whereby the proposition was
forbidden,—next, he would move the proposition itself: in fact, such
was the mode actually pursued, when the thing at last came to be
done.[254] But though the capital sentence could hardly come into
effect, the proclamation of it _in terrorem_ had a very distinct
meaning. It expressed the deep and solemn conviction which the
people entertained of the importance of their own resolution about
the reserve,—it forewarned all assemblies and all citizens to come,
of the danger of diverting it to any other purpose,—it surrounded
the reserve with an artificial sanctity, which forced every man who
aimed at the reappropriation to begin with a preliminary proposition,
formidable on the very face of it, as removing a guarantee which
previous assemblies had deemed of immense value, and opening the
door to a contingency which they had looked upon as treasonable. The
proclamation of a lighter punishment, or a simple prohibition without
any definite sanction whatever, would neither have announced the
same emphatic conviction, nor produced the same deterring effect.
The assembly of 431 B.C. could not in any way enact laws which
subsequent assemblies could not reverse; but it could so frame its
enactments, in cases of peculiar solemnity, as to make its authority
strongly felt upon the judgment of its successors, and to prevent
them from entertaining motions for repeal, except under necessity at
once urgent and obvious. Far from thinking that the law now passed
at Athens displayed barbarism, either in the end or in the means, I
consider it principally remarkable for its cautious and long-sighted
view of the future,—qualities the exact reverse of barbarism,—and
worthy of the general character of Periklês, who probably suggested
it. Athens was just entering into a war which threatened to be of
indefinite length, and was certain to be very costly. To prevent the
people from exhausting all their accumulated fund, and to place them
under a necessity of reserving something against extreme casualties,
was an object of immense importance. Now the particular casualty,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account