II. A wheel within a wheel, such as we observe in the German Empire, is
considered by Lord Shaftesbury[38] as an absurdity in politics; but
what must we say to two equal wheels which govern the same political
machine without any mutual check, control, or subordination, and yet
preserve the greatest harmony and concord? To establish two distinct
legislatures, each of which possesses full and absolute authority
within itself, and stands in no need of the other’s assistance,
in order to give validity to its acts, this may appear beforehand
altogether impracticable as long as men are actuated by the passions
of ambition, emulation, and avarice, which have been hitherto their
chief governing principles. And should I assert that the state I
have in my eye was divided into two distinct factions, each of which
predominated in a distinct legislature, and yet produced no clashing in
these independent powers, the supposition may appear almost incredible;
and if, to augment the paradox, I should affirm that this disjointed,
irregular government was the most active, triumphant, and illustrious
commonwealth that ever yet appeared on the stage of the world, I
should certainly be told that such a political chimera was as absurd
as any vision of the poets. But there is no need for searching long in
order to prove the reality of the foregoing suppositions, for this was
actually the case with the Roman republic.
The legislative power was there lodged in the _comitia centuriata_
and _comitia tributa_. In the former, it is well known, the people
voted according to their census; so that when the first class was
unanimous, though it contained not perhaps the hundredth part of the
commonwealth, it determined the whole, and, with the authority of the
senate, established a law. In the latter, every vote was alike; and as
the authority of the senate was not there requisite, the lower
people entirely prevailed and gave law to the whole state. In all party
divisions, at first between the Patricians and Plebeians, afterwards
between the nobles and the people, the interest of the aristocracy was
predominant in the first legislature, that of the democracy in the
second. The one could always destroy what the other had established;
nay, the one by a sudden and unforeseen motion might take the start
of the other and totally annihilate its rival by a vote, which, from
the nature of the constitution, had the full authority of a law. But
no such contest or struggle is observed in the history of Rome: no
instance of a quarrel between these two legislatures, though many
between the parties that governed in each. Whence arose this concord,
which may seem so extraordinary?
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