The Two Great Republics: Rome and the United StatesLewis, James
History
The Two Great Republics: Rome and the United States
Lewis, James
Rome -- Politics and government -- 510-30 B.C.; United States -- Politics and government
The procedure adopted by Gracchus on this occasion was unknown to the
law, but it is hard to say that it was against the law. If this action
was unconstitutional, and revolutionary, so had been every change
which had ever been made in the fundamental principles of Roman public
law. The truth of the matter was that Rome had neither a written
constitution nor any law governing the method by which its fundamental
law might be changed. Rome, in this respect, was constantly in a
position similar to that in which the state of Rhode Island found
herself in 1841. The old colonial charter, which after the separation
from England had been continued in force as a state constitution, was
no longer suitable for existing conditions, and there was a general
feeling among the inhabitants of the state that the old charter must
give way to a new state constitution. A difficulty, however, here
presented itself in the fact that the old colonial charter, having
been granted by royal authority, contained no provision as to its
amendment by act of the people. In this situation the people of the
state were compelled to go outside of their organic law, and,
disregarding the old charter, to adopt a new constitution and form of
government. All this was not accomplished, however, without much
confusion and an incipient civil war.
Similarly situated, Tiberius Gracchus was now obliged to go beyond the
letter of the existing law, and to vindicate the underlying principle
of Roman law that the duty of the tribune was the protection of the
rights of the people, by introducing a new political expedient into
the scheme of Roman government.
Upon the deposition of Octavius the agrarian law of Gracchus was
immediately passed by acclamation. Three commissioners were appointed
to carry out the provisions of the bill--Tiberius Gracchus, his
brother Gaius, and Appius Claudius, the father-in-law of Tiberius
Gracchus.
For a time the success and popularity of Gracchus was at its zenith;
the commissioners, appointed to allot the land, energetically
prosecuted the work, and the great landowners became more and more
bitter as they saw their illegal gains about to be wrested from them.
Public-domain text, read in full here on John Shaqi.
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