This law of nature has verified itself in the Roman absolute military monarchy and verified itself all the more completely, that, under the impulse of its creator's genius and in the absence of all material complications from without, that monarchy developed itself more purely and freely than any similar state. From Caesar's time, as the sequel will show and Gibbon has shown long ago, the Roman system had only an external coherence and received only a mechanical extension, while internally it became even with him utterly withered and dead. If in the early stages of the autocracy and above all in Caesar's own soul(5) the hopeful dream of a combination of free popular development and absolute rule was still cherished, the government of the highly- gifted emperors of the Julian house soon taught men in a terrible form how far it was possible to hold fire and water in the same vessel. Caesar's work was necessary and salutary, not because it was or could be fraught with blessing in itself, but because-- with the national organization of antiquity, which was based on slavery and was utterly a stranger to republican-constitutional representation, and in presence of the legitimate urban constitution which in the course of five hundred years had ripened into oligarchic absolutism-- absolute military monarchy was the copestone logically necessary and the least of evils. When once the slave-holding aristocracy in Virginia and the Carolinas shall have carried matters as far as their congeners in the Sullan Rome, Caesarism will there too be legitimized at the bar of the spirit of history;(6) where it appears under other conditions of development, it is at once a caricature and a usurpation. But history will not submit to curtail the true Caesar of his due honour, because her verdict may in the presence of bad Caesars lead simplicity astray and may give to roguery occasion for lying and fraud. She too is a Bible, and if she cannot any more than the Bible hinder the fool from misunderstanding and the devil from quoting her, she too will be able to bear with, and to requite, them both.

Dictatorship

The position of the new supreme head of the state appears formally, at least in the first instance, as a dictatorship. Caesar took it up at first after his return from Spain in 705, but laid it down again after a few days, and waged the decisive campaign of 706 simply as consul--this was the office his tenure of which was the primary occasion for the outbreak of the civil war.(7) but in the autumn of this year after the battle of Pharsalus he reverted to the dictatorship and had it repeatedly entrusted to him, at first for an undefined period, but from the 1st January 709 as an annual office, and then in January or February 710(8) for the duration of his life, so that he in the end expressly dropped the earlier reservation as to his laying down the office and gave formal expression to its tenure for life in the new title of -dictator perpetuus-. This dictatorship, both in its first ephemeral and in its second enduring tenure, was not that of the old constitution, but--what was coincident with this merely in the name--the supreme exceptional office as arranged by Sulla;(9) an office, the functions of which were fixed, not by the constitutional ordinances regarding the supreme single magistracy, but by special decree of the people, to such an effect that the holder received, in the commission to project laws and to regulate the commonwealth, an official prerogative de jure unlimited which superseded the republican partition of powers. Those were merely applications of this general prerogative to the particular case, when the holder of power was further entrusted by separate acts with the right of deciding on war and peace without consulting the senate and the people, with the independent disposal of armies and finances, and with the nomination of the provincial governors. Caesar could accordingly de jure assign to himself even such prerogatives as lay outside of the proper functions of the magistracy and even outside of the province of state-powers at all;(10) and it appears almost as a concession on his part, that he abstained from nominating the magistrates instead of the Comitia and limited himself to claiming a binding right of proposal for a proportion of the praetors and of the lower magistrates; and that he moreover had himself empowered by special decree of the people for the creation of patricians, which was not at all allowable according to use and wont.

Other Magistracies And Attributions

For other magistracies in the proper sense there remained alongside of this dictatorship no room; Caesar did not take up the censorship as such,(11) but he doubtless exercised censorial rights-- particularly the important right of nominating senators--after a comprehensive fashion.

He held the consulship frequently alongside of the dictatorship, once even without colleague; but he by no means attached it permanently to his person, and he gave no effect to the calls addressed to him to undertake it for five or even for ten years in succession.

Caesar had no need to have the superintendence of worship now committed to him, since he was already -pontifex maximus-.(12) as a matter of course the membership of the college of augurs was conferred on him, and generally an abundance of old and new honorary rights, such as the title of a "father of the fatherland," the designation of the month of his birth by the name which it still bears of Julius, and other manifestations of the incipient courtly tone which ultimately ran into utter deification. Two only of the arrangements deserve to be singled out: namely that Caesar was placed on the same footing with the tribunes of the people as regards their special personal inviolability, and that the appellation of Imperator was permanently attached to his person and borne by him as a title alongside of his other official designations.

Men of judgment will not require any proof, either that Caesar intended to engraft on the commonwealth his supreme power, and this not merely for a few years or even as a personal office for an indefinite period somewhat like Sulla's regency, but as an essential and permanent organ; or that he selected for the new institution an appropriate and simple designation; for, if it is a political blunder to create names without substantial meaning, it is scarcely a less error to set up the substance of plenary power without a name.

Italian Books
Theodor Mommsen
Classic Literature Library

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