Appendix B (iii)

To found a new republic, or to reform entirely the old institutions of an existing one, must be the work of one man only¹

It may perhaps appear to some that I have gone too far into the details of Roman history before having made any mention of the founders of that republic, or of her institutions, her religion and her military establishment. Not wishing, therefore, to keep any longer in suspense the desires of those who wish to understand these matters, I say that many will perhaps consider it an evil example that the founder of a civil society, as Romulus was, should first have killed his brother, and then have consented to the death of Titus Tatius, who had been elected to share the royal authority with him; from which it might be concluded that the citizens, according to the example of their prince, might, from ambition and the desire to rule, destroy those who attempt to oppose their authority. This opinion would be correct, if we do not take into consideration the object which Romulus had in view in committing that homicide. But we must assume, as a general rule, that it never or rarely happens that a republic or monarchy is well constituted, or its old institutions entirely reformed, unless it is done by only one individual; it is even necessary that he whose mind has conceived such a constitution should be alone in carrying it into effect. A sagacious legislator of a republic, therefore, whose object is to promote the public good, and not his private interests, and who prefers his country to his own successors, should concentrate all authority in himself; and a wise mind will never censure any one for having employed any extraordinary means for the purpose of establishing a kingdom or constituting a republic. It is well that, when the act accuses him, the result should excuse him; and when the result is good, as in the case of Romulus, it will always absolve him from blame. For he is to be reprehended who commits violence for the purpose of destroying, and not he who employs it for beneficent purposes. The lawgiver should, however, be sufficiently wise and virtuous not to leave this authority which he has assumed either to his heirs or to any one else; for mankind being more prone to evil than to good, his successor might employ for evil purposes the power which he had used only for good ends. Besides, although one man alone should organise a government, yet it will not endure long if the administration of it remains on the shoulders of a single individual; it is well, then, to confide this to the charge of many, for thus it will be sustained by the many. Therefore, as the organisation of anything cannot be made by many, because the divergence of their opinions hinders them from agreeing as to what is best, yet, when once they do understand it, they will not readily agree to abandon it. That Romulus deserves to be excused for the death of his brother and that of his associate, and that what he had done was for the general good, and not for the gratification of his own ambition, is proved by the fact that he immediately instituted a senate with which to consult, and according to the opinions of which he might form his resolutions. And on carefully considering the authority which Romulus reserved for himself, we see that all he kept was the command of the army in case of war, and the power of convoking the senate. This was seen when Rome became free, after the expulsion of the Tarquins, when there was no other innovation made upon the existing order of things than the substitution of two consuls, appointed annually, in place of an hereditary king; which proves clearly that all the original institutions of that city were more in conformity with the requirements of a free and civil society than with an absolute and tyrannical government.

The above views might be corroborated by any number of examples, such as those of Moses, Lycurgus, Solon, and other founders of monarchies and republics, who were enabled to establish laws suitable for the general good only by keeping for themselves an exclusive authority; but all these are so well known that I will not further refer to them. I will adduce only one instance, not so celebrated, but which merits the consideration of those who aim to become good legislators: it is this. Agis, king of Sparta, desired to bring back the Spartans to the strict observance of the laws of Lycurgus, being convinced that, by deviating from them, their city had lost much of her ancient virtue, and consequently her power and dominion; but the Spartan ephors had him promptly killed, as one who attempted to make himself a tyrant. His successor, Cleomenes, had conceived the same desire, from studying the records and writings of Agis, which he had found, and which explained his aims and intentions. Cleomenes was convinced that he would be unable to render this service to his country unless he possessed sole authority; for he judged that, owing to the ambitious nature of men, he could not promote the interests of the many against the will of the few; and therefore he availed himself of a convenient opportunity to have all the ephors slain, as well as all such others as might oppose his project, after which he restored the laws