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 prohibition would seem to have arisen from long-continued custom
rather than from law, and to have been of a character not unsimilar to
the so-called "conventions of the English Constitution," or to the
rule in this country that no man shall be elected for a third term as
President. If a law declaring a tribune to be ineligible for
reëlection was ever enacted in Rome (and with the absence of a full
list of Roman laws this is a point on which absolute certainty is
impossible) it was, in all probability, of a directory rather than a
mandatory character. Such was the character of all Roman laws relative
to the qualification of officers. Thus, the Roman laws provided a
regular order in which the principal offices at Rome should be held,
and prohibited any person holding any office until he had held all
those named before it on the list, and until he had reached a certain
specified age.
This law, while in the main followed, was frequently disregarded. The
violations were in the main chargeable to the very class at Rome that
was most bitter in the denunciation of Tiberius Gracchus for offering
himself as a candidate for reëlection as tribune. Under the existing
political conditions at Rome no great blame could be attached to an
occasional disregard either of the law regulating the qualifications
for office or the law, or custom, relative to the reëlection of a
tribune. It is only on this one occasion in Roman history that the
violation of either of these laws was denounced as an attack on the
Roman constitution. Even in the exciting days preceding the passage of
the Licinian Laws the tribunes Licinius and Sextius were reëlected
year after year, without the legality of their election being
questioned. Only ten years after the death of Tiberius Gracchus the
reëlection to the office of tribune of his brother, Gaius Gracchus,
was permitted. It is a striking comment upon the fairness of some of
the historians who attack Tiberius Gracchus for his alleged violation
of the law that they are able to find excuses for the action of that
branch of the senatorial party whose members were so unwilling to
surrender to the state their illegal profits that they resorted to
force to break up a meeting of the comitia tributa and to murder
Gracchus and three hundred of his adherents.
Public-domain text, read in full here on John Shaqi.
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