The young American: or Book of government and law; showing their history, nature, and necessity. For the use of schools
t prmM , J |fc vf ' ly^irf <• r.^-^ k.'s ^KX « ^^ Ill^^ M ^s ^fe -Mi i ^^^^^^^ cSs: Z^S = ■ §^M Emperor of China. The early history of China is involved in the mists of obscurity. The historians of the country claim an incredible antiquity, and pretend to tell us of dynasties that reigned over the nation for ages before the period assigned to the creation of the world. It is now, and has been for ages, the policy of the government to exclude strangers from the country, so that little is known of it. The steps by which the government has arrived at its pres- ent state cannot be traced, and we can therefore do little more than give an outline of it, as it now exists. It has probably undergone little alteration for centuries. The government of China is professedly patri- archal : the emperor having the title of holy son 6=^ 5 66 POLITICAL INSTITUTIONS OF CHINA. of heaven^ sole guardian of the earthy great father of his people. But it is patriarchal on the largest scale of which there is any account, for his family consists of about 360 millions of members. Be- side, the nature of the government is rather too severe for a parent to administer to his children. The emperor is absolute in his authority, and such^s the extent of his dominions that he is obliged to devote his whole time to business. Of- ferings are made to his image and his throne ; his person is worshipped, his subjects prostrating them- selves before him. He never appears in public withoLit two thousand lictors, bearing chains, axes, and other instruments indicative of eastern despotism. There are two kinds of nobility; those who have titles and privileges by birth, and those who hold offices; these are called mandarins. In every province there is a mandarin, or magistrate, who is aided by a council. There are courts of justice in the different towns, but these are too often capricious and corrupt. In order to ascertain whether a witness tells the truth, his spittle is examined. If he ^^ spits cotton,'^ that is, if the mucus is frothy, it is esteemed a proof of agitation of mind incompatible with honesty, and he is dis- credited. On the whole, the government of China is the best in Asia, but it is the most despotic in the world. All power being with the emperor, the people are not considered as having any political rights. The great instrument of government is punishment, and this is inflicted without mercy, and in a variety of barbarous modes. China may be regarded as one vast school-house, in which POLITICAL INSTITUTIONS OF CHINA. 67 the master has the birch continually in his hand. It has been humorously said that the emperor canes his ministers ; the ministers cane the man- darins : and the mandarins cane the people ; the men cane their wives ; and the wives cane their children. The Chinese may therefore be consid- ered a well-flogged nation. The art of printing was known in China, even before its discovery in Europe, and now nearly all persons can read. The laws are published, and it is made the imperious duty of all magistrates thoroughly to understand them. The penal code, called '' Ta Tsing Leu Zee," has been published in the English language. From this code, which has been gradually forming under a succession of emperors for ages, it appears that the laws of China are a series of police regulations, many of them such as could not be established or enforced either in Europe or this country. The punishments inflicted by this code, are chiefly whipping with a bamboo cane; wearing around the body a heavy frame of wood called the cangue^ and which is a moving pillory ; banish- ment, imprisonment, strangulation, and decapita- tion. The following extracts from this code, will give some idea of it : "RebelHon is an attempt to violate the divine order of things on earth : for as the fruits of the earth are produced in regular succession, under the influence of the presiding spirit, so is their distri- bution among the people regulated by the sover- eign, who is the sacred successor to the seat of his ancestors ; resisting and conspiring against him is, therefore, an unspeakable outrage, and a disturb- ance of the peace of the universe. 68 POLITICAL INSTITUTIONS OF CHINA. •' Whoever degrades his first or principal wife to the condition of an inferior wife shall be punished with one hundred blows. Whoever, during the life-time of his first wife, raises an inferior wife to the rank and condition of a first wife, shall be punished with ninety blows, and in both the cases each of the several wives shall be replaced in the rank to which she was originally entitled upon her marriage. ''Whenever any persons, having the same family name, intermarry, the parties and the contractor of the marriage shall each receive sixty blows, and. the marriage being null and void, the man and woman shall be separated, and the marriage pres- ents forfeited to government. ''AH persons unauthorizedly passing through any of the gates of the imperial citadel at Pekin, and entering therein, or into any of the imperial gardens, shall receive one hundred blows. " No person shall presume to travel on the roads, or to cross the bridges, which are expressly provided and reserved for the use of the emperor, except only such civil and military ofiicers and other attendants as immediately belong to liis majesty's retinue, and who are, in consequence, necessarily permitted to proceed upon the side paths thereof. "Any person who is guilty of striking his elder brother or sister, shall be punished at the least with ninety blows, and banishment for two years and a half; but if guilty of striking so as to wound, with one hundred blows and three years' banishment to the distance of 3000 lee. " Any person who is guilty of striking his fa-, ther, mother, paternal grandfather or grandmother j POLITICAL INSTITUTIONS OF EGYPT. 69 and any wife who is guilty of striking her hus- band's father, mother, paternal grandfather, or grandmother, shall suffer death by being beheaded. Any person who is guilty of killing such a near relation, shall suffer death by a slow and painful execution. CHAPTER XXIV. Political Institutions of Egypt. Ruins of Luxor. Egypt rose at a very early period to a high pitch of civilization and refinement. In the time of Moses, 1500 years before the Christian era, it had a vast population, and many mighty cities. The ruins of these attest their magnificence and power. The vast pyramids that still exist, and 70 POLITICAL INSTITUTIONS OF EGYPT. which were constructed so long ago that history has not told us what king caused them to be cre- ated, are among the mightiest works of human labor. Among the ruins of Thebes, and other cities along the banks of the Nile, there are the most wonderful architectural remains. Cut in the rocks, there are chambers or rooms still existing, the walls of which are ornamented with curious paintings. Some of th«e represent the manners and cus- toms of the ancient inhabitants of these cities, and show that a great variety of utensils now in use, and supposed to be of modern origin, were well known to the Egyptians, thousands of years ago. It is evident that Egypt, at a date going back nearly 2000 years before Christ, was a thickly peopled country, and that a vast variety of curious and useful arts were in use among the inhabitants. There is no doubt that it was, at this and later dates, the most civilized portion of the globe, and that it was the school at which other nations for many ages learnt philosophy. From this country it was that th-e Greeks, who became so celebrated for their arts and their advances in every species of human learning, derived their first light in all branches of human knowledge. But however much Egypt may have done for the rest of the world in those remote and mystic ages, we have not a very minute record of her internal history. Of her political system, we know that it was an hereditary and despotic monarchy, modelled upon the Asiatic plan, but greatly modi- fied, at least in early times, by the influence of priests. POLITICAL INSTITUTIONS OF EGYPT. 71 There is no nation of antiquity in which religion seems to have had greater influence, than in Egypt. Though they had advanced far in many arts and sciences — though they knew the globular form of the earth, calculated eclipses, regarded the moon as another globe, were acquainted with arithmetic, geometry, and various curious arts, now lost — • still they were in the highest degree supersti- tious. Their superstitions were of the most gloomy kind. Music was only used at funerals and the worship of the gods. Pleasure was a stranger to the Egyptians ; songs, dances, and sports, they dis- liked; they never used wine; their drink was beer, made of barley. Funerals and times of sad- ness were the only occasions of parade and expense. Justice was administered in a strict and speedy manner. Written laws existed, and were handed down from age to age. Perjury and murder were punished with death. Calumniators and false accusers, were punished as if they had committed the crimes they charged on others. Falsehood was punished by a loss of the tongue ; forgery, by loss of the hand; desertion of the army, by in- famy. The king could remit the penalty of the law, and indeed his authority was regarded as supreme — but in point of fact, he was himself, in many things, overruled by the priests. These even made rules to regulate his private aJffairs ; they educated his children ; pointed out the daily duties of his slaves ; fixed the bill of fare at his table; and in various ways abridged and controlled his power. Kings were judged after their death, and if con- 72 POLITICAL INSTITUTIONS OF EGYPT. demned, their bodies were cast away. Sdldiers and priests were exempt from all taxes, and every son was obliged to follow the profession of his father. The people were divided into seven casts — priests, soldiers, shepherds, swineherds, mechan- ics, interpreters, and fishermen. The priests were at the head ; they were the teachers of the people and the patrons of science. From them the chief offices of state were filled ; they were the physi- cians, judges, architects, astronomers and astrolo- gers. They kept science and knowledge to them- selves, for by these they held their sway over the people. Thus It appears that the government of ancient Egypt was despotic, checked only by the power of the priests, and laws established by usage. It appears, also, that this power varied at different periods, being more despotic at one time than an- other. It does not seem, however, that any other idea of government was ever started, than that of a divine right to rule on the part of the prince, or the priest, and the same obligation to obey on the side of the people. CHAPTER XXV. Sketch of Ancient Greece. Character of the People, Jxulns of an ancient Grecian edijice. It is at a period of very distant antiquity, and m an age involved in doubt and fable, that the history of Greece begins. It was about five hun- dred years after the flood, when Abraham was living, that is, about 3700 years ago, that the first kingdom of Greece was founded ; the country, pre- vious to that time, being inhabited by wild and wandering tribes of savages. The history of ancient Greece commences in the year 1S56, B. C, and ends in 146, B. C., making a space of 1700 years, being nearly one third of the time that has elapsed since the world was 7 74 ANCIENT GREECE — CHARACTER OF THE PEOPLE. created, and almost one half of the time since the deluge. The country of ancient Greece was a large peninsula in Europe, on the north side of the Med- iterranean sea; lying between Italy and Asia Minor, and embraced many islands situated near its shores. Its length, when most extensive, was about 400 miles, and its breadth about an average of 150 miles. Yet this small spot, less in extent than the State of New York, produced a people, who left more to instruct and admonish the nations that followed them than any other ; and who,, after the lapse of 2500 years, are still the subjects of the most lively interest. The country inhabited by this extraordinary people was highly beautiful. Its surface was variegated by picturesque mountains; between them were valleys of the brightest verdure, through which a thousand small, but clear rivers dashed rapidly to the sea. The climate was among the finest in Europe. It was exempt from the extremes of summer and winter; the sky was seldom obscured; and the air, being peculiarly clear, presented objects to the eye with the most striking distinctness. The sea was said to be more beautiful, the islands that clustered around the peninsula more charming, the roman- tic landscapes, embracing mountains, and vales, and rivers, more delightful here than in other lands. It was the lot of a people of strong and peculiar genius to inhabit this favored region. Here they flourished for 1700 years. This ancient nation has slept in the tomb for centuries, but their ANCIENT GREECE CHARACTER OF THE PEOPLE. 75 deeds and their institutions have survived the lapse of ages; and like mountains seen through the mist of distance, they strike through the shad- ows of antiquity, and still excite our wonder and admiration. It is to this people that we are indebted for the first example of a federal government — a union of several states under one superintending power. Of course, we find in its history the first outline of the constitutian of our own government, so much the object of admiration in other nations, and so worthy of our own respect and veneration. Greece also exhibited the earliest dawnings of political liberty. While the nations around her were living in barbarism, or submitting to tyranny, she was emerging from darkness into the light of freedom. About the time when Saul was made king over Israel, Athens abolished royalty. The ancient Grecians were the first people to under- stand their rights, and to assert them ; the first to discover that the people are the only legitimate source of political power — that the true end of government is to ensure the happiness of the peo- ple at large — by establishing equal laws — promot- ing justice, and punishing crimes; the first to establish constitutions on a basis to secure these ends. There was in the Grecian character a nobleness and ingenuousness of sentiment which makes it seem almost desirable to have lived among them. There is a curious anecdote of an old man, a stran- ger at Athens, who went one evening into the theatre. As he approached the seats of the Athe- nian youth, they pressed together in such a man- lier as tg leave him no place to be seated ; he was 76 ANCIENT GREECE. CHARACTER OF THE PEOPLE. therefore compelled to stand in a situation very conspicuous and embarrassing, and exposed to ridi- cule. The Lacedemonians, who held age in great veneration, perceiving his confusion, and touched with pity, by a general sympathy all rose at once to ofter him a seat. The volatile Athenians, struck with such urbanity, suddenly gave a thun- der of applause. The old man replied, "The Athenians know what is good — the Lacedemoni- ans practise it." Their patriotism was of the loftiest kind. Where IS the man in our day who would voluntarily sac- rifice his life for his country? Yet many instan- ces are furnished by the history of Greece, in which men laid down their lives to benefit tlieir country ; and they did this in a manner more unequivocal and more frequently than any other nation. The Athenians were once engaged in a dangerous war. An oracle, supposed to declare the will of heaven, when consulted in respect to the war, said that the nation whose king was first slain should be victorious. The king of Athens, perceiving that it would be difficult for him to be slain in the common course of events, dressed himself in disguise, went into the enemy's army, and allowed himself to be killed. With the Greeks, personal attachment had more influence, and private interest less, than with almost any other people. Xerxes the Great was much surprised when a Greek, who was admitted to his confidence, told him that the Greeks did not fight for money. "And pray," said he, " what do they fight for'?" "They fight," said the other, "for glory." The brave men who fought and fell with Leonidas at the straits of Thermopylae, GREECE. 77 were inspired by the love of country, by devotion to their leader, to one another, to glory. Many of them seemed to live for the interest and happiness of their friends. Solon's rule for measur- ing happiness, proposed to Croesus, king of Lydia, was to " live in love, and die in peace." And he told the haughty monarch that Cleobis and Biton, two obscure young men, who spent their time in performing their duty to their country and the gods, in acts of kindness to their friends, and of iihal piety to their mother, were happy men. CHAPTER XXVI. Greece continued. In the history of Syracuse, settled by a Grecian colony, there is an account of two young Grecian noblemen, Damon and Pythias, who lived in the reign of Dionysius the tyrant. They had, for a long time, cultivated the strictest intimacy and friendship, and pursued an unimpeachable course of life. But the spirit of liberty, prevalent among the Greeks, had, on various occasions, appeared ; and many had fallen victims to the suspicions of the tyrant. At length, one of the two friends, Damon, was seized by Dionysius, and condemned to die. But as he had business abroad of consequence to his family, which he wished to settle before his death, ne applied to the king for permission to go ; and his friend Pythias offered himself as a hostage to 7# 78 GREECE. remain in prison till his return, or die in his stead if he did not return. The king ticcepted tlie sub- stitute, and Damon went on his journey. When the time appointed for the execution of the sentence drew near, the criminal had not returned, and everybody now began to believe. that he had made his escape, and left Pythias involved in ruin. Pythias maintained, however, with un- shaken confidence, that his friend would return, unless prevented by death or unavoidable neces- sity, in which case he should submit to his fate without repining. The day and the hour arrived ; no criminal ap- peared. An immense crowd of people assembled to see the result of so strange an event. Dionysius himself expressed great uneasiness, but as he expected it had been a plan contrived to screen the offender, he was determined to inflict the sen- tence on the hostage. Pythias was led to the scaffold. He ascended with an imdaunted air and firm step, but, lest the honor of his friend should be tarnished, he requested as much delay as the forms of proceeding in such cases would admit. What was the astonishment of the whole con- course, when, at this critical moment, the cry of ^^ Damon! Damon !^^ was heard from an extreme part of the assembly. He approached with haste and terror lest he had come too late, and impeded by the greatness of the crowd, he drew his sword, and forced his way through the throng, till he rushed into the arms of his friend. But here a scene ensued which is not easily described. Nor is it possible to say whether the sincerity of their friendship, or their superi- GREECE. 79 OTity to death, excited the most admiration. If the king was amazed at the return of Damon, he was more amazed to see Pythias still resolutely determined to die in his stead. In short, the con- test now was which should die. Each one saw stronger reasons for wishing his friend to live, than to live himself; each one claimed the right of being the sacrifice. While the two friends were engaged in this un- paralleled dispute, the tone of public sympathy rose to frenzy, and the haughty monarch feared that compassion for his victim might suddenly change into fury, and hurl him from his throne. He felt that a tyrant's power is not equal to the power of virtue, and that a man imbued with noble sentiments is greater than a monarch with- out them. He rose from his seat, and embracing the two friends, with tears in his eyes, pronounced a free pardon, bade them both live for each other's sake, and desired they would admit him as a third, in a bond of union, so sacred, and so noble. It is in respect to a people thus characterized by greatness, that we have occasion to observe and regret, that if in genius, taste, learning, patriotism, love of liberty, and heroism, they stand unri- valled among the nations of antiquity, yet they had many traits in their character to be con- demned. They were volatile and fickle, ungrate- ful to their benefactors, fierce in their resentments, and bloody in their revenge. The injustice that they manifested towards some of their most illustrious patriots and philos- ophers was remarkable. It must be admitted, too, that their standard of morality, formed without the light of Christianity, was very low. The 80 ATHENS. DIVISIONS OF IHE PEOPLE. boundaries of right and wrong were in many- things, undefined, and the strongest had generally the advantage. On the whole, we are forced to confess that one great lesson taught us by the history of this inter- esting people is, that the human mind, under favorable circumstances, by its own unassisted efforts may develop powers, achieve deeds, and display traits of great beauty and sublimity — but that it still wanders in sad uncertainty as to the great end of existence, and that if capable of dis- covering the rules of justice and virtue, it is still unable to devise sufficient motives to enforce and establish them. CHAPTER XXVII. Athens. Political Divisions of the People. The city of Athens was the capital of Attica, a small territory situated to the north of the Gulf of Saron. It was founded by Cecrops, an Egyptian, who led thither a colony and introduced a knowl- edge of the arts and sciences, 1556, B. C. It occu- pied the summit of a rocky mount, in the midst of a large plain, about five miles from the sea ; and as the city increased, it filled a large space of the neighboring plain. The Acropolis, or upper city, was fortified as a citadel. This part of Athens was greatly embellished, in the glorious days of the republic, with temples, statues, and monu- ments. Here are still magnificent remains of that ATHENS. 81 master-piece of architecture, the Parthenon, and also of the beautiful temple of Neptune. The seaports of Athens were the Portus Phale- rius, the Pirseus, and the Munychia, which last was encompassed with a strong wall, that joined it to the Piraeus. Two walls, of about five miles in length, enclosing a considerable space between them, united the Piraeus and Athens. The whole View in Athens. extent of the walls — comprehending every part of Athens and its suburbs— was about twenty-two miles. One of the most superb buildings in Athens was the temple of Theseus, in the middle of the city. it became a sanctuary for slaves. It still exists as a matchless model, commanding the admiration of all who feel delight in the grandeur and beauty of architecture. 6 82 ATHENS. — DIVISIONS OF THE PEOPLE. Temple of Theseus. The inhabitants of Athens were divided into three classes; the freemen, strangers residing in the country, and the slaves. When Athens was in its highest prosperity, the number of free citi- zens was about 20,000 ; of foreigners and stran- gers, 10,000 ; and of slaves, 400,000. The freemen were persons whose fathers were citizens in their own right. If, however, an Athenian married a foreign woman, his child could not be enrolled among the citizens, unless by con- ferring some signal benefit on the state. This admission could only take place in an assembly of the people, and was required to be ratified in a second assembly. From time to time, an inquest was held to clear Athens of pretended citizens. Fathers were careful to register the names of their sons in the ward to which they belonged ; young persons, at the age of eighteen, were enrolled a second time. The citizens were divided into tribes, at first four in number, but afterwards increased to ten. The freemen alone had a voice in the election of magistrates, and in popular assemblies. ATHENS'. DIVISIONS OF THE PEOPLE. 83 Strangers residing at Athens were protected by (he law, and allowed to follow trades, or spend their fortunes ; but were incapable of voting, or of being elected to any office. They were subject to an extra tribute, in addition to the taxes paid by the free citizens. On certain public processions, they carried a badge of distinction, by which they were known from the Athenians. Such strangers as had rendered eminent service to the republic, were exempted from this requisition. After a plague, or destructive war, it was usual to replenish the city by admitting strangers to the rank of freemen. To cement the freemen and strangers in closer union, each stranger was re- quired to select some principal citizen to be his patron, to protect him from oppression. It is painful to reflect that, in a country where the inhabitants prided themselves upon their lib- erty, and were ready to make such sacrifices to defend it, there should have been slaves, greatly surpassing the free citizens in number. In Athens they were about twenty times as numerous as the citizens. Slaves were of two sorts ; natural born Greeks, who themselves, or whose parents, by poverty, captivity, or other misfortune, had been reduced to that condition ; or foreigners, imported from abroad. The former were favored, both by law and custom, much more than the latter. At Athens, slaves were in general more mildly treated, than in other parts of Greece. In times of danger, some obtained their freedom by fighting in defence of the state. They might also, if provi- dent, amass a little property to redeem themselves. In general, masters were careful not to allow slaves 84 GOVERNMENT OF ATHENS. the use of arms ; neither might they imitate the dress and manners of freemen. The Athenian slaves were employed in cultiva- ting the lands ; they also Avrought in the mines and quarries, and performed all the domestic ser- vices in private families. Slaves from other coun- tries were exposed in the public markets for sale. At Athens, when a slave Avas first carried home, an entertainment was provided as a welcome to his new service. It was the interest of the master to treat his slaves with mildness, and attach them to his service, but he had full power over those which were bought, and might even put them to death. CHAPTER XXVIII. Of the GoYernment of Athens. The government of Athens was at first mon- archical ; but after the death of Codrus, annual magistrates, called archons, were elected and pla- ced at the head of the government. Occasionally, however, individuals obtained an extraordmary ascendancy in the state. This was the case with the tyrant Pisi stratus and his sons ; and after them. Pericles ruled Athens, by the consent of the peoplej nearly forty years. The usual government was carried on by the nine archons, by a senate of 500, and by assemblies of the people. The persons appointed to the office of archon. GOVERNMENT OF ATHENS. 85 were elected from the principal citizens by lot. After their nomination, they were subjected to two rigorous examinations; the first was before the senate, and the other in the forum, before the magistrates, called heliastcE. They were required to show that they were descended of ancestors, who for three generations had been Athenian citizens ; to specify the tribe and district to which they belonged ; to adduce proofs of their filial piety, and of having served their country faith- fully, and borne arms in its defence. If competent, the archons took an oath faithfully to administer justice, and to receive no presents, or, in case of so doing, that they would dedicate to Apollo, at Delphos, a statue of gold, equal in weight to themselves. When their functions expired, an inquisition of their conduct took place, and if they had conducted themselves with pro- priety, a prospect was held out of their being admitted into the Areopagus. In the discharge of their duties, the archons wore branches of myrtle, and in case any one offered them insult or obstruction, the offender was amerced in a heavy fine, and deprived of most of the privileges of citizens. The archons were remunerated, by exemption from certain taxes. The chief of the nine archons was denominated The Archon, in distinction, because the year was called by his name. He decided on causes be- tween married persons; also concerning wills, divorces, and legacies ; he was the general guar- dian of orphans. The theatres and public diver- sions were under his control, and his office requir- ed him to regulate festivals in honor of the gods ; to watch over the public morals, and restrain fla- 8 86 GOVERNMENT OF ATHENS. grant offences. He was empowered to inspect the public markets, and punish the venders of un- wholesome provisions. The second archon was called king, and wore a crown. He decided upon disputes in certain fami- lies of priests, regulated many sacrifices to the gods, and generally punished ofiences against religion. Accusations of murder were made before him ; and if he saw cause, he sent the accused to be tried by the areopagites, among whom he had a seat and right of suffrage, but simply as a member of the court, and when he attended, he laid aside his crown. Another archon exercised over strangers the same authority which the preceding archon had over citizens. He superintended certain festivals and sacrifices to Mars and Diana. He also ad- judged the honors to be paid to citizens who fell in the wars, and to provide for their orphans from the public treasury. The other six archons presided in courts for the trial of civil affairs respecting property, as belong- ing either to citizens or strangers. They were also to assist in watching over the rights of the people and preserve tranquillity, especially during the night. The archons had officers, well acquainted with the laws and accounts, to assist them. There were subordinate magistrates, scattered through the different tribes, to manage their pe- culiar interests, and regulate minor details in the police. The supreme power of enacting laws and deci- ding in matters of government was, by Solon, vested in the assemblies of the citizens ; but to prevent GOVERNMENT OF ATHENS. 87 the ill consequences that might arise from hasty and ignorant advisers, he constituted a council of four hundred, in which all proposals should be be agitated, before they were submitted to the people. About eighty-six years after Solon, when the numbers of tribes had increased from four to ten, one hundred members were added to the council or senate, which made their number five hundred, or fifty for each tribe. The senators were chosen by lot from the different tribes. The names of all the citizens in the tribe qualified for office were engraved on tablets of brass, and cast into a vessel; into another was put an equal number of beans, all of which were black, except fifty, which were white. The name of a citizen and a bean were drawn out together, and if the bean was white, he was proclaimed senator. In this manner they proceeded till the whole fifty were chosen. They were elected for one year. The power of this senate was considerable. They debated all measures'of public interest and welfare, and examined the accounts of all the magistrates at the expiration of their office. They had care of all such as received public alms ; they appointed goalers for the prisons, and could punish for off'ences not prohibited by any law. They also had the charge of building ships of war. Each senator was allowed a drachm a day, as a com- pensation for the loss of time. All freemen of Athens had the right of attending the public assemblies; but strangers, slaves, wo- men and children were excluded. They were held four times every thirty-five days, and also in ca.ses of extraordinary emergency. When the 88 GOVERNMEiNT OF ATHENS. citizens were remiss in attendance, the magistrates shut up all the gates, except such as led to the place of assembly, and removed all goods from the market-place. As a farther inducement, an al- lowance in money of three oholi was given to all who were present at an early hour. After certain religious ceremonies, the decree of the senate was read, and then a herald pro- claimed: ''Who above fifty years will speak?" After the old men had given their opinion, pro- clamation was made that every citizen was at liberty to speak. The people gave their suffrages by holding up their hands ; but on certain occa- sions by ballot. Orator addressing the people of Athens. The popular assemblies decided respecting peace or war ; they received ambassadors, confirmed or abrogated laws; nominated to almost every office; granted the freedom of the state to foreigners ; and decreed bono •$ to such as had deserved weU of the republic. GOVERNMENT OF ATHENS. 89 The chief inconvenience attending the popular assemblies was the power which the orators exer- cised over the popular will by their eloquence ; for factious and personal motives, they often recommended measures inimical to the honor and interests of their country. The orators were also accessible to bribes from foreign princes ; and the eloquence and patriotism of Demosthenes were too successfully opposed by the gold of Philip of Macedon, received by other speakers. In Athens the constitution was entirely demo- cratical, but there was always a powerful body of rich individuals, who thought it advisable to curb the power of the people ; and they often succeeded in their object. Hence, there was a constant jeal- ousy of their power in the minds of the people, and, unfortunately, it was chiefly levelled at their ablest men, who had signalized themselves the most by their service to the state. From this fear of the loss of power, the people were led to commit acts of flagrant ingratitude and injustice towards their greatest benefactors. Mil- tiades, who had sacrificed his own interest to the general welfare and common cause of Greece; who had in fact saved Athens, by his heroism and military talents, was unjustly condemned to pay an excessive fine, and, being unable to pay it, he lan- guished the remainder of his days in prison. His son Cimon, after his father's death, was put in prison till this debt should be discharged. To free themselves also from any apprehension of charac- ters deservedly popular, they had recourse to an arbitrary mode of punishment, called ostracism — a state of exile that lasted for ten years. The process of condemnation was curious. Of 8* 90 GOVERT^MENT OF ATHENS. the assembled citizens, each took an oyster-shell, or tile, and having written upon it the name of the person intended to be expelled, carried it to the market-place, where a piece of ground was enclos- ed with wooden rails for that purpose, having ten gates for the ten tribes to enter separately. The tiles or shells were there deposited ; and if, when numbered by the archon, they amounted to ten thousand, the person so prescribed was adjudged to the ostracism. A similar usage prevailed at Argos, Miletus and Megara. Aristides was banished in this way, from envy of his character, so gloriously acquired in the sur- name of "the Just." A similar jealousy forced Themistocles into banishment, after he had saved Athens and all Greece, by his admirable conduct in the Persian war. Cimon, Timotheus and other great commanders, who had distinguished them- selves, preferred living as much as possible in other countries. Alcibiades was alternately caressed and persecuted by the people ; till, by their indis- creet conduct towards him, other generals in the Peloponesian war, brought calamity and ruin on their state. To distinguished individuals, of whom they en- tertained no fear, the Athenians gave, as a reward, crowns in their public assemblies. These were conferred by general suffrage, and were afterwards preserved in the famiUes of those who had ob- tained them, as marks of honor. Foreign cities, by their ambassadors, might also present crowns to their meritorious citizens, after having received permission of the people. CHAPTER XXIX. The Court of Areopagus. The court of Areopagus was in the greatest re- pute throughout Greece, for the wisdom and jus- tice of its decisions. It was sometimes convened in the royal portico, but more frequently m a kmd of hall, defended from the weather by a sort of rustic roof. This court received its name from being held sometimes on an eminence, near the citadel, called the hill of Mars. The origin of this court has been referred to Cecrops, but its jurisdiction was then confined to criminal cases of life and death. This contmued to form their chief business in all subsequent periods ; but they also, at one time, assumed the m- spection and custody of the laws, the guardianship of young men, whom they provided with tutors, to be brought up suitably to their rank. They also punished transgressors of decorum and mor- als, idleness, rapine, and theft, as well as impiety towards the gods. , , . ^ r The members of this court held their ofhce lor life. Such archons as had acquitted themselves with honor at the expiration of their magistracy, were admitted into the Areopagus. Other citizens of irreproachable morals received this honor. The strictest propriety of conduct and behavior, was required of the members. To have been seen sit- ting in a tavern, was regarded as a sufficient rea- son for exclusion. Any one found guilty of gross immorality was expelled. The members were 92 COURT OF AREOPAGUS. forbidden to write comedies. To laugh during the sitting of the court, would have. ^ been thought a blameable levity. It is related that a member of the Areopagus stifled a bird, that, for fear, had taken refuge in his breast. For this act he was expelled, it being considered that the man whose breast was inac- cessible to pity, Avas disqualified to sit in judgment on the lives of his fellow-creatures. Foreign states frequently referred their disputes to the ar- bitration of the Areopagus. This court usually met on the 27th, 28th and 29th day of every month, or more frequently, if urgent business required it. They sat and deter- mined all causes by night and in darkness, that they might not be influenced in favor either of the criminal or the accuser, and that no one might know the number or discern the countenances of the judges. They sat on seats of stone, and held in their hands a sort of baton as a badge of oflice. When a multiplicity of business required it, they divided themselves into committees, to de- cide on separate causes. These appointments were made by lot, that it might not be known who was to try any cause, and that thereby no one might be corrupted or bribed to prejudge any cause. The members received three oboli, that is, about sixty cents, for every cause they tried, and they sometimes received gifts from the people. CHAPTER XXX. Other Courts of Athens. Sparta. Acropolis in Athens. Besides the Areopagus, there were ten other courts of justice among the Athenians ; four of which took cognizance of homicides, assaults, and other matters of blood ; the other six were for civil causes. The judges were chosen from all the citizens indiscriminately ; the very lowest being eligible. The only pre-requisites were, that they should be thirty years of age, and innocent of any criminal- ity. The number of these judges was about six thousand ; but, strictly speaking, they were mere- ly jurymen to assist the presiding magistrate. One inducement to become a judge was, that they received for every trial an obolus, about twenty cents, each, and sometimes three oboli. This recompense occasioned an annual expen- 94 SPARTA. diture to the state of about one hundred and fifty thousand dollars a year. That the profits might be more equally divided, no person was allowed to sit in two courts the same day. Such as were qualified to sit on trials, and had leisure any day for that purpose, attended and gave in their names ; a sufficient number was then elected by lot for the different courts for that day. They received tablets to indicate this, and on presenting them to the officers of the court, were admitted, an^ received each a sceptre, as an en- sign of authority. On leaving the court, and giving back their sceptres, they received their re- compense for attendance. The Athenians were so litigious, that persons went about to seek occasions for commencing a suit, or bringing an accusation against persons of respectability. Many of them indulged in a pre- dominant inclination to chicanery, and all the ar- tifices of pettifogging. The most distinguishing trait in the character of the Athenians, was their attachment to the arts, to literature and philosophy. Hence arose innumerable distinguished architects, sculptors, poets, historians, and philosophers, who rendered Athens the most splendid and illustrious city on the earth. Their literary character secured to the inhabitants the respect of their conquerors, long after their political power was extinct. From none did they experience this more than from Alexander the Great. In the different fate which befel Athens and Laceda^mon, or Sparta, we have an example of the superiority which letters give to one nation over another, when that nation has, besides, dis- SPARTA. 95 played military virtues. Lacedsemon was differ- ent from Athens in all respects. It was an inland not a maritime city ; its power depended chiefly on its land forces, and not on its fleets; its wealth arose from agriculture, and not from commerce. Whilst the Athenians indulged in every kind of elegant luxury, the Lacedaemonians gloried in their plain, simple, hardy manner of living, no less exempt from pomp and splendor, than from effeminacy and sensuality. The Athenians were desirous of enjoying the mental and physical pleasures of hfe; whilst the Lacedaemonians were anxious to form laborious and virtuous citizens, and by the terror of their arms to rule in every state in Greece. Lycurgus was the great legislator of Sparta, and on his institutions the power of their state was founded. They became the laws of Lacedsemon several hundred years prior to the Christian era, and they were observed, in some particulars, long after the state had submitted to the supremacy of Rome. Apolonius of Tyanoea found them still in force at Lacedaemon, during the reign of Do- mi tian about the year 100 A. D. Lacedasmon, or Sparta, was the chief city of the adjoining territory, called Laconia. There were many other towns in the district, confederated with the capital, but much inferior in importance and character. Their deputies however, insisted on deliberations respecting peace or war, or other matters connected with the general welfare of the whole state. The city of Sparta was built at the foot of Mount Taygetus, on the west side of the river Eurotas ; it was of a circular form, and about six 96 SPARTA. miles in circumference. The ruins still remain, at a little distance from the modern town of Misitra. Sparta anciently had no walls, as it depended for its defence on the characteristic energy of its in- habitants. The houses were little graced with architectural ornaments, but were lofty, and built with great solidity. The citizens of Sparta consisted of two classes, — such as were born citizens, and such as had been presented with the freedom. On the birth of a child, he was carried to a public place, where the aged persons of his tribe were to judge wheth- er he appeared healthy and well-formed, so as to be likely to prove one of the future defenders of his country. If of a weakly constitution, he was cast into a gulf, for it Avas not deemed expedient that a deformed or sickly child should live. When the parents were both Spartans, and the children brought up according to the prescribed institutions, in their thirtieth year they became legitimate citizens, and eligible to bear office in the magistracy, or in the army. Unless the pa- rents were both Spartans the children were not legitimate. Freedom was sometimes bestowed in reward of extraordinary services, but that was of rare occurrence. In addition to those enjoying the full privileges of citizens, there was a class of freedmen who had not complied with all the regulations required in their education ; these were disqualified for hold- ing offices in the state, but were competent to give their votes. In Sparta there were more slaves than in any other city of Greece. They were employed in domestic drudgery and laborious occupations. SPARTA. 97 In a medium condition, between the slaves and the freedmen, were the Helots. The city of Helos had been taken by the Spartans, and all the in- habitants were reduced to subjection, and others afterwards were associated with them. These acted as farmers on the lands, for which they paid a fixed rent, which it would have been disgraceful in any proprietor to increase. They were also employed in various mechanical arts. In time of war they assisted on board the fleets, and in the land armies ; every heavy armed sol- dier was accompanied by one or more of them. As the Helots exceeded the freedmen in num- ber, they became a source of terror, and various means were resorted to, to keep them in subjection. As a trait of the Spartan character, history has noticed the Helots, as being compelled at times to drink to excess, and in that condition led into the public halls, that the youth might be impressed with a sense of the disgrace of drunkenness. In any other city, it would have been easy, without compulsion, to find persons who would indulge in drinking to intoxication. 