THE Roman senate was intrusted with the supreme direction of all national affairs, with full power of control over the military force, of giving general orders to the consuls, treasurers, and other executive officers, and of transacting all business with foreign nations. But it had not a power either to appoint, or to give detailed instructions to any executive officer.

THE executive officers had full power to execute the orders of the senate, in the way they judged most proper.

THE Romans for many years allowed the senate a negative upon every proposed law.But as that power was exercised with greater partiality in favour of the higher ranks, in proportion as the difference of rank increased, it was finally withdrawn when the comitia by tribes was established, in the 304th year of Rome. After which period, as the majority of the society, each man having an equal vote in

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his tribe, could make any new law or annul an old one, erect a new office or abridge the power of old ones, the senate had no absolute power whatever; for if it abused the powers with which it was intrusted, the society could deprive them of it in a legal way by a new law. The senate of Rome was not sovereign; it was only a select committee of the society intrusted with the management of the current public business; and accordingly, when new laws, or new taxes, were necessary, or an important war was to be engaged in, the matter was laid before an assembly of the people (a majority of whom were the only sovereign) and left to their decision. According to the same rules of prudence, the Romans reserved to themselves the sole power of appointing all public officers.

THEY seem to have foreseen, that intrusting this power to a few men, selected for the purpose, would irresistibly tempt them to appoint their own friends and favourites; and that if

they intrusted it to the senate, to which was committed the management of public affairs, such a power would not only tempt the senators to engage in intrigues to obtain the places for their friends, but would also tempt them to form schemes for their mutual advantage, at the expense of the public; which, besides the great national loss, would corrupt the morals of the senators and officers, generate intrigue and faction in the senate, and make the people suspicious of all their designs.

THE imprudence of such a measure is so obvious, that we cannot give the Romans much praise for not adopting it. A number of plain men, all equal in rank, and nearly equal in fortune, as the Romans were when they formed their constitution, had no inducement to give such imprudent trust to any set of persons. Nor is there any instance of any company of men in business, not instituted by a government, having adopted so ruinous a measure. But the

Romans deserve much praise for parting with so much power as they did, in appointing a senate, and giving that senate the sole power in directing the current public business. The great advantage of appointing a committee to transact the public affairs of a town, or even for managing the business of large companies in trade, is now so well known, that the measure is universally adopted. But as the Romans seem to have had no example to follow, and being very illiterate when they formed their constitution, their adopting such a regulation showed great prudence; and they showed equal prudence in not allowing their senate absolute power over their persons and property, or the disposal of offices, as these are trusts by far too great for human nature.

HENCE, as the Roman senate, or directing council, had no power to take money from the people, or to give commissions, places, or contracts, to their friends, and as they themselves

had to pay a full share of every tax, without having it in their power to profit by conniving with the public officers, or with those who. appointed them, they were under no temptation to increase the number of offices, or in any other way to involve the nation in unnecessary expense. It seems to have been owing to a general belief, not only that this was the case, but also that the senate was composed of men of the greatest talents and virtue; that no patriot is mentioned by history, not even during the dissentions between the senate and people about patrician rights, as accusing that council of wasting the public treasure by an unnecessary accumulation of offices, or by extravagant contracts. Nor did the patriots of Rome ever charge the senate, not even during the sixteen years that Hannibal continued in Italy, which occasioned such distress and danger to the nation, with being unfit to manage public business. Nor are any of the wars of that republic imputed to the schemes of a

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