this instance, they received the unani. “ All things considered, then, I believe, mous condemnation of the historian of that if ever ostracism was justifiable, it was antiquity, and yet Mr Bulwer affirms so in the case of Cimon-nay, it was, perthat never was complaint more unjust. haps, absolutely essential to the preservaThe fact is certain, that all the greatest tion of the constitution. His very honesty benefactors of Athens were banished

made him resolute in his attempts against by the ostracism, or vote of all the

that constitution. His talents, his rank,

his fame, his services, only rendered those citizens, though the evidence adduced

attempts more dangerous. in support of the charges is, for the

“ Could the reader be induced to view, most part, unknown ; but as these

with an examination equally dispassiondeeds were the acts of democratic as

ate, the several ostracisms of Aristides semblies, Mr Bulwer, without any

and Themistocles, he might see equal grounds for his opinion, in opposition to the unanimous voice of antiquity, tives and in the results.

causes of justification, both in the mo

The first was vindicates and approves them.

absolutely necessary for the defeat of the It is clear, from Mr Bulwer's own

aristocratic party, and the removal of readmission, that the banishment of al

strictions on those energies which instantmost all these illustrious benefactors of ly found the most glorious vents for action ; Athens was owing to their resisting the second was justified by a similar necesdemocratic innovations, or striving to sity, that produced similar effects. To restore the constitution to the mixed impartial eyes a people may be vindicated condition in which it existed previous without traducing those whom a people to the great democratic innovations of are driven to oppose. In such august and Solon and Themistocles : but such re- complicated trials the accuser and defensistance, or attempts even by the most dant may be both innocent.” constitutional means to restore, he Here then is the key to the hideous seems to consider as amply sufficient ingratitude of the Athenian people to to justify their exile! In regard to the their two most illustrious benefactors, banishment of Cimon he observes :--- Aristides and Cimon. They obstructed “ Without calling into question the in

the Movement Party : they held by tegrity and the patriotism of Cimon, withi

the constitution, and endeavoured to out supposing that he would have entered bring back a mixed form of governinto any intrigue against the Athenian in

ment. This heinous offence was, in dependence of foreign powers-a suppo

the eyes of the Athenian democracy, sition his subsequent conduct effectually and their eulogist, Mr Bulwer, amply refutes-he might, as a sincere and warm sufficient to justify their banishment : partisan of the nobles, and a resolute op- a proceeding, he says, which was right, poser of the popular party, have sought to even although they were innocent of restore at home the aristocratic balance

the charges laid against them-as if of power, by whatever means lis great injustice can in any case be vindicated rank, and influence, and connexion with by state necessity, or the form of gothe Lacedæmoniarf party could afford him.

vernment is to be approved which reWe are told, at least, that he not only op- quires for its maintenance the periodiposed all the advances of the more liberal

cal sacrifice of its noblest and most party—that he not only stood resolutely

illustrious citizens ! by the interests and dignities of the Areo

In another place, Mr. Bulwer obpagus, which had ceased to harmonize with the more modern institutions, but that he expressly sought to restore certain “ Themistocles was summoned to the prerogatives which that assembly hail for- ordeal of the ostracism, and condemned by mally lost during his foreign expeditions, the majority of suffrages. Thus, like Aris. and that he earnestly endeavoured to tides, not punished for offences, but pay. bring back the whole constitution to the ing the honourable penalty of rising by more aristocratic government established genius to that state of eminence, which by Clisthenes. It is one thing to pre- threatens danger to the equality of reserve, it is another to restore. A people publics. may be deluded, under popular pretexts, “ He departed from Athens, and chose out of the rights they have newly acquired, his refuge at Argos, whose hatred to Sparbut they never submit' to be openly des- ta, his deadliest foe, promised him the poiled of them. Nor can we call that in- securest protection. gratitude which is but the refusal to sur

“6 Death

afterwards removed render to the merits of an individual the Aristides from all competitorship with acquisitions of a nation,

Cimon; according to the most probable

serves

soon

accounts he died at Athens; and at the where the different powers are duly time of Plutarch his monument was still to balanced, of subjecting the illustrious be seen at Phalerum. His countrymen, to the ostracism : good government who, despite all plausible charges, were provides against danger without comnever ungrateful except where their liber- mitting injustice. ties appeared emperilled (whether rightly Mr Bulwer has candidly stated the or erroneously our documents are too pernicious effect of those most vicious scanty to prove), erected his monument at

of the many vicious institutions of the public charge, portioned his three

Athens — the exacting tribute from daughters, and awarded to his son Lysi- their conquered and allied states to the machus, a grant of one hundred minæ of relief of the dominant multitude in silver, a plantation of one hundred plethra the ruling city; and the fatal devoluof land, and a pension of four drachmæ a

tion to the whole citizens of the duties day (double the allowance of an Athenian ambassador.)”

and responsibility of judicial power.

On the first subject, he observesThere can be no doubt that the ad

“ Thus, at home and abroad, time and mission here candidly made by Mr fortune, the occurrence of events, and the Bulwer is well-founded ; and that jea- happy accident of great men, not only lousy of the eminence of their great maintained the present eminence of Athens, national benefactors, or an anxiety to but promised, to ordinary foresight, a long remove aristocratic barriers to further duration of her glory and her power. To popular innovations, was the real cause deeper observers, the picture might have of that ingratitude to their most illus- presented dim, but prophetic shadows. It trious benefactors, which has left so

was clear that the command Athens had dark a stain on the Athenian character. obtained was utterly disproportioned to her But can it seriously be argued that natural resources-that her greatness was that constitution is to be approved, and altogether artificial, and rested partly upon held up for imitation, which in this

moral rather than physical causes, and manner requires that national services partly upon the fears and the weakness of should almost invariably be followed

her neighbours. A sterile soil, a limited by confiscation and exile; and antici

territory, a scanty population-all these

the drawbacks and disadvantages of nature pates the overthrow of the public liber

-the wonderful energy and confident darties from the ascendency of every il- ing of a free state might conceal in proslustrious man, if he is not speedily perity; but the first calamity could not sent into banishment ? Is this the

fail to expose them to jealous and hostile boasted intelligence of the masses ? Is eyes. The empire delegated to the Athethis the wisdom which democratic in- nians, they must naturally desire to retain stitutions bring to bear upon public and to increase ; and there was every reaaffairs ? Is this the reward which, by son to forebode that their ambition would a permanent law of nature, freedom soon exceed their capacities to sustain it. must ever provide for the most illus- As the state became accustomed to its trious of its champions ? Why is it power, it would learn to abuse it. Innecessary that great men and benefi- creasing civilisation, luxury, and art, cent statesmen or commanders should brought with them new expenses, and invariably be exiled? The English

Athens had already been per ted to inconstitution required for its continu- dulge with impunity the dangerous passion ance the exile neither of Pitt nor Fox, of exacting tribute from her neighbours. of Nelson or Wellington. The Ro. Dependence upon other resources than man republic, until the fatal period been a main cause of the destruction of

those of the native population has ever when the authority of the aristocracy despotisms, and it cannot fail, sooner or was overthrown by the growing encroachments of the plebeians, retained publics that trust to it. The resources of

later, to be equally pernicious to the reall its illustrious citizens, with a few

taxation confined to freemen and natives, well-known exceptions, in its own bo- are almost incalculable; the resources of som: and the Tomb of the Scipios tribute wrung from foreigners and depenstill attests the number of that heroic dents, are sternly limited and terribly prerace, who, with the exception of the carious—they rot away the true spirit of illustrious conqueror of Hannibal, the industry in the people that demand the victim, like Themistocles, of demo. impost—they implant ineradicable hatred cratic jealousy, were gathered to the in the states that concede it.” tomb of their fathers. There is no There can be no doubt that these obnecessity in a well-regulated state, servations are well-founded ; and let us beware lest they become applicable mocratic principle into judicial tribunals. to ourselves. Already in the policy He evidently considered that the very of England has been evinced a sufti- strength and life of his constitution rested cient inclination to load Colonial in- in the Heliæa-a court the numbers and dustry with oppressive duties, to the nature of which have been already derelief of the dominant island, as the scribed. Perhaps, at a time when the old enormous burdens imposed on West oligarchy was yet so formidable, it might India produce, to the entire relief of have been difficult to secure justice to the the corresponding agricultural produce poorer classes, while the judges were se

lected from the wealthier. But justice to at home, sufficiently demonstrates.

all classes became a yet more capricious And if the present democratic ascendency in this country should continue uncertainty when a court of law resembled

a popular hustings. unabated for any considerable time, we

“ If we intrust a wide political suffrage venture to prophesy, that if no other and more immediate cause of ruin

to the people, the people at least hold no sends the commonwealth to perdition, posterity—they are not responsible to the

trust for others than themselves and their it will infallibly see its colonial empire public, for they are the public. But in break off, and consequently its mari. law, where there are two parties concerntime power destroyed, by the injustice ed, the plaintiff and defendant, the ju 'ge done to, or the burdens imposed on, should not only be incorruptible, but its colonial possessions, by the impa- strictly responsible. In Athet:s the people tient ruling multitude at home, who, became the judge; and, in offences punishin any measure calculated to dimi- able by fine, were the very party internish present burdens on themselves, ested in procuring condemnation ; the will ever see the most expedient and numbers of the jury prevented all responpopular course of policy..

sibility, excused all abuses, and made them The other enormous evil of the susceptible of the same shameless excesses Athenian constitution--viz, the exer

that characterise self-elected corporations cise of judicial powers of the highest --from which appeal is idle, and over description by a mob of several thou- which public opinion exercises no control sand citizens, is thus described by our

These numerous, ignorant, and passionate author :

assemblies, were liable at all times to the

heats of party, to the eloquence of indi“ A yet more pernicious evil in the so- viduals to the whims, and caprices, the cial state of the Athenians was radical in prejudices, the impatience, and the turbutheir constitution, it was their courts of lence, which must ever be the characterjustice. Proceeding upon a theory that istics of a multitude orally addressed. It must have seemed specious and plausible to was evident also that from service in such an inexperienced and infant republic, So- a court, the wealthy, the eminent, and the lon had laid it down as a principle of his learned, with other occupation or amusecode, that as all men were interested in ment, would soon seek to absent themthe preservation of law, so all men might selves. And the final blow to the inte. exert the privilege of the plaintiff and grity and respectability of the popular judi

As society grew more cature was given at a later period by Peplicated, the door was thus opened to ricles, when he instituted a salary, just every species of vexatious charge and fri. sufficient to tempt the poor and to be disvolous litigation. The common informer dained by the affluent, to every dicast or became a most harassing and powerful per juryman in the ten ordinary courts. Lesonage, and made one of a fruitful and gal science became not the profession of crowded profession : and in the very capi- the erudite and the laborious few, but the tal of liberty there existed the worst spe- livelihood of the ignorant and idle multicies of espionage. But justice was not tude. The canvassing--the cajoling—the thereby facilitated. The informer was re- bribery—that resulted from this, the most garded with universal hatred and con- vicious, institution of the Athenian demotempt ; and it is easy to perceive, from the cracy-are but too evident and melancholy writings of the great comic poet, that the tokens of the imperfection of human wissympathies of the Athenian audience were, dom. Life, property, and character, were as those of the English public at this day, at the hazard of a popular election. These enlisted against the man who brought the evils must have been long in progressive inquisition of the law to the hearth of his operation ; but perhaps they were scarcely neighbour.

com

the branding and terrible satire upon the them the perilous powers of actual adpopular judicature, which is still preserved ministration or direction of affairs, to us in the comedy of Aristophanes. they necessarily expose them to such

" At the same time, certain critics and a deluge of flattery or corruption, from historians have widely and grossly erred

the eloquent or wealthy candidates for in supposing that these courts of the so. vereign multitude' were partial to the

power, as not merely unfits them for

the sober or rational discharge of any poor, and hostile to the rich.

All testi- public duties, but utterly confounds mony proves that the fact was 1. mentably and depraves their moral feelings; the reverse. The defendant was accus

and induces before the time when it tomed to engage the persons of rank or influence whom he might number as his

would naturally arrive, that universal friends, to appear in court on his behalf. corruption of opinion which speedily And property was employed to procure at

attaches no other test to public actions the bar of justice the suffrages it could

but success, and leads men to consider command at a political election. The

the exercise of public duties as nogreatest vice of the democratic Heliæa thing but the means of individual elewas, that by a fine the wealthy could vation or aggrandizement. purchase pardon— by interest the great

We have given some passages from could soften law. But the chances were

Mr Bulwer from which we dissent, or against the poor man. To him litigation in the principles of which we differ. was indeed cheap, but justice dear. He Let us now, in justice both to his had much the same inequality to struggle principles and his powers of descripagainst in a suit with a powerful antago- tion, give a few others, in which we nist, that he would have had in contesting cordially and admiringly assent. The with him for an office in the administra

first is the description of the memore tion. In all trials resting on the voice of able conduct of the Laconian goverrpopular assemblies, it ever has been and

ment, upon occasion of the dreadful ever will be found, that, cæteris paribus,

revolt of the Helots which followed the Aristocrat will defeat the Plebeian.”

the great earthquake which nearly These observations are equally just overthrew Lacedæmon, and rolled tle and luminous; and the concluding one rock of Mount Taygetus into the in particular, as to the tendency of a streets of Spartacorrupt or corruptible judicial multitude to decide in favour of the rich

“ An earthquake, unprecedented in

its violence, occurred in Sparta. In aristocrat in preference to the poor

many places throughout Laconia, the rocky plebeian, in an author of Mr Bulwer's soil was rent asunder. From Mount Tayprepossessions, highly creditable. The

getus, which overhung the city, and on only surprising thing is how an author which the women of Lacedæmon were who could see so clearly, and express wont to hold their bacchanalian orgies, so well, the total incapacity of a mul- huge fragments rolled into the suburbs. titude to exercise the functions of a The greater portion of the city was absojudge, should not have perceived, that, lutely overthrown; and it is said, probably for the same reason, they are disquali. with exaggeration, that only five houses fied from taking an active part to any wholly escaped the shock. This terrible good or useful purpose in the admini. calamity did cease suddenly as it came; stration of government. In fact, the its concussions were repeated; it buried temptation to the poor to swerve from alike men and treasure : could we credit the path of rectitude, or conscience in Diodorus, no less than twenty thousand the case of government appointments persons perished in the shock. Thus deor measures, are just as much the populated, impoverished, and distressed –

the enemies whom the cruelty of Sparta stronger than in the judgment of in

nursed within her bosom, resolved to seize dividuals, as the subjects requiring in

the moment to execute their vengeance, vestigation are more intricate or diffi

and consummate her destruction, Under cult, the objects of contention more

Pausanias, we have seen before, that the important and glittering, and the

Helots were already ripe for revolt. The wealth which will be expended in cor

death of that fierce conspirator checked, ruption more abundant. And there

but did not crush, their designs of freein truth lies the eternal objection to dom. Now was the moment, when Sparta democratic institutions, that, by with lay in ruins - now was the moment to drawing the people from their right realize their dreams. From field to field, province--that of the censors or con- from village to village, the news of the trollers of government and vesting in earthquake became the watchword of re. volt. Uprose the Helots — they armed King of Sparta, amidst the yawning themselves, they poured on—a wild and of the earthquake and the ruin of his gathering and relentless multitude, resol- capital, sounding the trumpets to arms, ved to slay by the wrath of man, all whom and the Lacedæmonians assembling in that of nature had yet spared. The earth- disciplined array around him, is one quake that levelled Sparta, rent her chains; of the sublimest recorded in history. nor did the shock create one chasm so

The pencil of Martin would there find dark and wide as that between the master

a fit subject for its noblest efforts. We and the slave.

need not wonder that a people, capable “ It is one of the sublimest and most

of such conduct in such a moment, awful spectacles in history—that city in ruins—the earth still trembling-the grim such docility in danger, should acquire

and trained by discipline and habit to and dauntless soldiery collected amidst

and maintain supreme dominion in piles of death and ruin ; and in such a

Greece. time, and such a scene, the multitude sensible, not of danger, but of wrong, and

The next passage with which we rising, not to succour, but to revenge:

shall gratify our readers, is an eloall that should have disarmed a feebler quent eulogium on a marvellous topic enmity, giving fire to theirs; the dreadest--the unrivalled grace and beauty of calamity their blessing—dismay their hope: the Athenian edifices, erected in the it was as if the Great Mother herself had time of Pericles. summoned her children to vindicate the long-abused, the all-inalienable heritage