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76
ESSAYS ON LIBERTY


conflict of interests that had so long slumbered revived with a fury unknown in the controversy between the patricians and the plebs. For it was now a question not of equal rights but of subjugation. The social restoration of democratic elements could not be accomplished without demolishing the senate; and this crisis at last exposed the defect of the machinery and the peril of divided powers that were not to be controlled or reconciled. The popular assembly, led by Gracchus, had the power of making laws; and the only constitutional check was, that one of the tribunes should be induced to bar the proceedings. Accordingly, the tribune Octavius interposed his veto. The tribunician power, the most sacred of powers, which could not be questioned because it was founded on a covenant between the two parts of the community and formed the keystone of their union, was employed, in opposition to the will of the people, to prevent a reform on which the preservation of the democracy depended. Gracchus caused Octavius to be deposed. Though not illegal, this was a thing unheard of, and it seemed to the Romans a sacrilegious act that shook the pillars of the State, for it was the first significant revelation of democratic sovereignty. A tribune might burn the arsenal and betray the city, yet he could not be called to account until his year of office had expired. But when he employed against the people the authority with which they had invested him, the spell was dissolved. The tribunes had been instituted as the champions of the oppressed, when the plebs feared oppression. It was resolved that they should not interfere on the weaker side when the democracy were the strongest. They were chosen by the people as their defence against the aristocracy. It was not to be borne that they should become the agents of the aristocracy to make them once more supreme. Against a popular tribune, whom no colleague was suffered to oppose, the wealthy classes were defenceless. It is true that he held office, and was inviolable, only for a year. But the younger Gracchus was re-elected. The nobles accused