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[Mr. BYRD.] Mr. President, last week I traced the history of the Roman people from the founding
of the capital city of Rome in 753 B.C. through the 243 years of the monarchy to the fall
of the monarchy in 510, when Tarquinius Superbus was expelled, and the founding of the republic
in 509 B.C., at which time the two first Roman consuls, Lucius Junius Brutus and Tarquinius
Collatinus, were chosen.
The Roman consul was the supreme civil and military magistrate of Rome under the republic.
There were to be two consuls elected annually, each for a term of one year. Each consul could
veto the actions of the other consul.
The plebeians continued in their struggle to achieve admission to the offices and privileges
of the patricians because the monopoly of the patricians over the magistrates with imperium
deprived the plebeians of a voice in determining public policy and deprived them of the commands
in the army.
The plebeian soldier shared equally with patrician soldiers the dangers in war, and equality
of political rights could not be forever kept from the plebeians. Custody of the civil and
criminal law, the knowledge of civil and criminal law, of legal procedures, and the enforcement
of the laws, all these were the monopoly of the patrician magistrates and priests who
naturally manipulated them to the benefit of their own class.
One of the causes for great discontent in the later stages of struggle was the fact
that the plebeian farmers could not find the moneys with which to rent public land in order
to make ends meet. The indebtedness of the plebeian landholders was caused, in the main,
by their forced absence from their lands because of military service, and also by the burden
of the property tax that was levied for military purposes. Additionally, as I say, they could
not acquire the capital with which to rent public land or buy additional land and make
ends meet. Adding to this condition was the severity of the harsh laws of debt, which
enabled the creditor to seize the debtor and sell him into slavery.
The first objective of the plebeians was to acquire for themselves an officer who would
act as their spokesman and who would defend them against the oppressiveness of, and exploitation
by, the patricians and they, therefore, as I stated last week, retired to the Sacred
Mount, seceded from the city, and threatened to become a city or a state for themselves.
They won the concession from the patricians of having an officer of their own, who could
protect them against the dictates of magistrates, and that officer was the tribune.
There would be two tribunes, either of whom could veto the actions of the other tribune
or the actions of any magistrate or the actions of the Senate or the actions of a private
person.
The patricians recognized the tribunes as public officials in a sense, but not as magistrates
in the strict sense of the term, because they were not elected by the whole people; they
were elected only by the plebeians. The patricians also acknowledged the authority of the tribune
to intervene on behalf of any person seeking aid from unjust actions by a patrician magistrate
or a private person.
Legal status was given to meetings of the plebeians as long as the assembly was convened
by a tribune and presided over by a tribune. But the meetings of the plebeians constitutionally
were recognized as not being meetings in which the actions taken would apply to the people
as a whole, because the meetings were summoned by a tribune and only the plebeians were summoned
by the tribune, and, as a consequence, their actions did not constitute actions by the
whole people.
The plebeian assembly took place in Roman forum. It was not a comitia but a concilium,
because only plebeians had been summoned. It was called the concilium plebis--a concilium
meaning a meeting not of the whole people but of only a part of the people. The resolutions
that were adopted in the concilium plebis, or in the meetings of the plebeians, were
called plebiscites, and were binding only on the plebeians. A plebiscite was not recognized
as a law that applied to the whole people because it was not created by a body representative
of the whole people. For the plebiscite to be valid for the whole people, it had to be
approved and ratified by the Roman Senate.
Last week, we noted the development of the following magistracies following the fall
of the monarchy and the establishment of the republic--the consul, the dictator, and the
censor. There was also created a magistracy referred to as the aedileship. The aedile
originated as a subordinate officer of the plebeians. He was to act as an assistant to
the tribunes in the oversight of the archives, the management of the prison, and the supervision
of public buildings. There being two tribunes, there were two aediles.
In time, the patricians also elected two such officers and, therefore, there were four aediles.
The aediles had care over the streets of Rome, over the water supply, over the market, and
especially supervision over weights and measures. They also had the responsibility for the regulation
of traffic and for the public games. In the later republic, as the wealth of
the city grew and as political rivalries increased, the conduct of the public games became more
and more important; it gave an opportunity to the aediles to make themselves popular
and gain votes. Therefore, the aedility became a stepping stone politically.
The lowest of the regular magistracies was the quaestorship. In the beginning of the
republic, the consuls appointed two financial quaestors, one quaestor to serve each consul.
As time went on, the Romans increased the number of quaestors to four, and they were
elected by the tribal assembly. Two were to serve as the state treasurers. They had control
over the aerarium, which was the state treasury located in the temple of Saturn below the
capitol. They were to be supervised, however, by the Senate, which had full control of the
aerarium. The other two quaestors were assistants to the consuls, whom they accompanied to war,
where they served as quartermasters in charge of supplies and the payment of the troops.
Another magistrate was created, the office of praetor. The praetor was one of the higher
magistrates. He possessed the imperium--the imperium meaning the absolute authority to
command--the authority to command the armies, the authority to interpret the laws and to
execute the laws, the authority to inflict the death penalty.
He was not allowed to leave Rome more than 10 days at one time. He had the special responsibility
of administering justice in the city. During the absence of both consuls from the city--if
they were in the field with the legions--the praetor could convene the Senate or the assembly,
and he had the responsibility for the defense of Rome.
So, now we have the consul, the dictator, the censor, the tribune, the aedile, the quaestor,
and the praetor.
The plebeians would not rest content, however, with the tribunate and the aedileship, and
so they continued to press for admission to the other offices. It was not until 367 B.C.
that the Licinian plebiscite required that of the two consuls elected annually, one had
to be a plebeian. But this was an enactment that was violated by the Comitia Centuriata
over the next 25 years. And it was not until 342, under a stricter formulation of the measure,
that we begin to see plebeians elected on a regular basis, one annually of the two consuls.
Of course, once the plebeians gained admission to the consulship they could no longer be
barred from the other higher magistracies, such as the dictatorship or the censorship.
And as it had long been the custom that ex-consuls, and later ex-praetors, were to be enrolled
in the Senate's membership, the attainment of these higher magistracies meant an ever-increasing
representation in the Senate by the plebeians. Therefore, we now see the plebeians becoming
more and more represented by their own people in the Senate.
Now, what about the other assembly or assemblies under the republic? Was there just to be the
Senate? No. The comitia was an assembly of the Roman people summoned by a magistrate.
The earliest comitia were the assemblies of the curiae. The curia was the smallest division
of the Roman people. In the era of the kings, the monarch could call upon the Comitia Curiata
for advice. This was an assembly of 30 curiae, 10 for each of the Romulian tribes. Originally,
there were three tribes. Later, urban tribes were created, and then additional rustic tribes
were added.
The number of tribes finally reached 35 in the year 241 B.C. This number was never exceeded.
The sixteen oldest rustic tribes bore patrician names.
Early, following the fall of the monarchy, the Comitia Centuriata came to be substituted
for the Comita Curiata. The Comitia Centuriata was made up of centuries of soldiers. A century
was 100.
The old Comitia Curiata affirmed the appointment of magistrates. It witnessed adoptions and
the writings of wills. It also witnessed the installation of priests, on which occasions
the pontifex maximus would preside over the curiata assembly.
The Comitia Centuriata came into being in the earlier years of the republic, and progressively
supplanted the Comitia Curiata. The Comitia Centuriata elected the magistrates with imperium,
as well as the censor. They declared war or peace, they enacted laws, and they acted as
judges in some capital cases.
In 287 B.C., the Hortensian Law gave greater legislative authority to the Tribal Assembly
than was accorded to the Comitia Centuriata.
So, here we saw, in the age of the kings, the assembly of the curiae, the Comitia Curiata,
and, shortly after the fall of the monarchy, the establishment of the assembly of centuries,
the Comitia Centuriata. We also saw the development of the concilium plebis.
Now we see the most powerful of all the assemblies, the Comitia Tributa--the Tribal Assembly.
In all of these, however, the actions of the assemblies were only valid if the Senate approved
their actions. The Senate could exercise a veto over the actions of any of the assemblies.
We, therefore, see that the Senate remained supreme. The making of alliances and treaties,
the formulation and the execution of foreign policy, the waging of war, the control of
the aerarium--the public treasury, the government of the colonies and the provinces, the management
and distribution of public lands, the power over the purse--all these were the exclusive
functions of the Senate, and they gave it enormous power. The Senate also acted as judge
in crimes like assassination, treason, and conspiracy.
The Senate met in Rome, or within a mile of the city. It met in a place that was public
and consecrated. It was summoned by a magistrate with imperium, or later, by tribune.
Upon the convening of the Senate, the magistrate made his report or presented the subject for
discussion. After this was done, each Senator was asked for his opinion in the order of
rank. The senior patrician--the Princeps Senatus--was given precedence.
And, in time, as the Senate became to be made up of ex-magistrates, the highest of the ex-magistrates
in the Senate would be called upon for his opinion; and then the next highest, then the
next highest--the ex-censors, ex-consuls, ex-praetors, ex-aediles, and so on.
After they had given their opinions, the vote was taken on each of the opinions by division.
Senators in favor would go to that wall and be counted, Senators in opposition would go
to that wall and be counted; and there were other methods of division, just as there are
several ways of taking a division here in this Senate.
There was absolute freedom of speech in the Roman Senate until the time of Augustus. He
placed a limit on Senate speeches. But under the old republic, freedom of speech was assured.
The Senate met from dawn until sunset.
Senators, by custom, were not allowed to engage in banking or in public contracts, and they
could not own a ship with carrying capacity sufficient to engage in foreign commerce.
They were predominately a landlord class.
Senators wore the latus clavus--a broad, purple, vertical stripe, either stitched onto, or
woven into, the Roman tunic. They also wore the white toga, especially on formal occasions.
They wore a special shoe, a red sandal, and it was fastened by straps that went around
and up the leg.
Roman Senators were given special seats at religious ceremonies, and at the theater,
and other public entertainments. They were not allowed to leave Italy without permission
of the Senate. It reminds us of rule VI of the standing rules of the U.S. Senate, by
which, Senators are supposed to get permission of the Senate for leave of absence.
How were the Senators appointed? In the age of the kings, they were appointed by the king.
When the monarchy fell in 510 B.C., and the republic was established in 509, and the two
first consuls were elected by the Comitia Curiata, the consuls then appointed Senators.
In those early days, wealth and being a member of a distinguished patrician family, and heredity
were factors that guided the selection of Senators.
The censors, much later, enrolled members into the Senate. It was the plebiscite of
Ovinius, a tribune, that formulated regulations by which Senators were to be enrolled in that
body. Following the Ovinian plebiscite, the censors were expected to abide by the law,
which required, in the enrollment of Senators, that precedence be given to all worthy ex-magistrates.
The Senate, therefore, became, largely, a body of ex-magistrates, men who had served
as consuls, praetors, and other magistracies; men who had had command of the armies--consuls
commanded legions, praetors also had authority to command the legions. So, here was an experienced
body of generals and former high administrative officials. Consequently, the Senate was the
gathering of the wisest, the most experienced men in public life.
Now, let us take just a moment to talk about the Roman family. The capital stone, the cornerstone
of the Roman social structure was the family. The father had complete authority over everyone
in the family. It was there that the sons and daughters were taught discipline and respect
for authority. They were taught to reverence, and to sacrifice to, the gods. They were taught
to venerate their ancestors. This discipline and respect for authority were carried over
by the Roman into his public relations, and it aroused in him a sense of responsibility
to the interests of the state that was a basic quality of the Roman character. For the Romans,
the highest virtue was piety, which meant the dutiful performance of all of one's obligations--to
the gods, to one's kinsmen, and to the state.
It was particularly to the state that the Roman was expected to exhibit loyalty and
devotion. Family, friends, life itself were to be sacrificed, if necessary, for the good
of the state.
One cannot doubt the importance of these values in Roman life. Later generations of Romans
would look back to the lives of statesmen and generals of this period, the period of
the early and middle republic, to find examples of patriotism worthy of emulation.
A sense of duty ran deep. A Roman who was suited and inclined for public service felt
that it was his destiny--his destiny--to serve the state, in public office, certainly in
public life. It could be in the military. But this was his destiny.
The Romans believed in the principle that was enthusiastically enunciated and maintained
by Cicero that it was the civic duty of the citizen to serve in public office and in public
life.
Since public office and public service were never regarded as a profession, no remuneration
was given to Roman magistrates. Senators served without pay. They had seats for life unless
they were guilty of grave misconduct. But there was no remuneration for these high officials.
They served for the honor of serving the state. The only remuneration for Roman magistrates
was for journeys or special celebrations or for military commands and expenses, and so
forth. It was one's duty to serve the Roman state. Senators believed that service in that
body was the highest honor, and that attendance at sessions of the Senate was an integral
part of that service.
This high sense of duty emerged from a dialog between the Emperor Vespasian and the Senator Helvidius Priscus, as written
by Epictetus.
When the Emperor Vespasian sent word to Helvidius not to attend a meeting of the Senate, Helvidius
answered:
It is in your power not to allow me to be a member of the Senate, but as long as I am
one, I must attend its meetings.
Plutarch tells us that the same high sense of duty was demonstrated by Marcus Porcius
Cato the Younger, who lived between 95 and 46 B.C. `There was no meeting of the Senate
which he did not attend, in order to keep a watchful eye upon all partial remissions
of fines and duties and all unreasonable grants. [* * *] Whenever the Senate was summoned
to meet he was the first to give his attendance and the last to withdraw. [* * *] He thought
that a good citizen ought to be as solicitous about the public, as a bee is about her hive.'
Those are the words of Plutarch concerning Cato the Younger.
Hence, Mr. President, we see the discipline, the respect for authority, the high sense
of duty, the old Roman virtues that formed the sterling Roman character. We see the development
over time of various magistracies who were held by men who served not to fulfill pecuniary
ambitions, but men who had the ambition to serve the Roman people and the Roman state.
We find this separation of powers, the consuls and the praetors who had the imperium, who had
the authority to command armies, to execute the law, to execute the soldiers under their
command or to execute the people within the city of Rome--execute without trial. At a
later point, this power was taken away from the consuls in
that they could not execute individuals within the city of Rome or within 1 mile
of
the city without trial.
We saw this separation of powers, the quaestors who had supervision over the issuance of
the payments to soldiers and who also had supervision over the public treasury, the
aerarium in Rome, always, however, under the control of the Senate. The Senate had the
complete power over the purse. The consuls could issue their vouchers in
the field, but
the Senate, before those vouchers could be paid, had to approve the payments.
These were checks and balances, one consul being able to veto the acts of the other consul,
one tribune being able to veto the acts of the other tribune, or tribunes or consuls
or other higher magistrates, with the exception of
the dictator. We have followed the creation of the various assemblies, the various comitias,
and we have observed that their actions could be vetoed by the Senate.
So here in the Roman Republic--from its earliest days, through the early republic and the middle
republic certainly--the Senate was supreme, and its power over the purse was supreme.
Little wonder that the average Roman
was inspired as he looked back upon the
examples
of
the statesmen and generals of earlier times, inspired to give of his best, inspired to serve
his country. Little wonder that this Roman people acquired control
over
the surrounding tribes and stretched its supremacy from the Gallic north throughout the entire
Italian peninsula. And little wonder that this small, fledgling city that was founded
on
the river Tiber, came
to be the greatest city of antiquity and
to rule over
the greatest empire of antiquity.
Mr. President, I yield the floor.
[The PRESIDING OFFICER.] The Senator from West Virginia yields the floor.
Who seeks recognition?