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BOOK I - CHAPTER XXXIV
CHAPTER XXXIV - That the authority of the Dictator did good and not harm to the Roman Republic: and that it is not those Powers which are given by the free suffrages of the People, but those which ambitious Citizens usurp for themselves, that are pernicious to a State.
Those citizens who first devised a dictatorship for Rome have been blamed by certain writers, as though this had been the cause of the tyranny afterwards established there. For these authors allege that the first tyrant of Rome governed it with the title of Dictator, and that, but for the existence of the office, Caesar could never have cloaked his usurpation under a constitutional name. He who first took up this opinion had not well considered the matter, and his conclusion has been accepted without good ground. For it was not the name nor office of Dictator which brought Rome to servitude, but the influence which certain of her citizens were able to assume from the prolongation of their term of power; so that even had the name of Dictator been wanting in Rome, some other had been found to serve their ends, since power may readily give titles, but not titles power. We find, accordingly, that while the dictatorship was conferred in conformity with public ordinances, and not through personal influence, it was constantly beneficial to the city. For it is the magistracies created and the powers usurped in unconstitutional ways that hurt a republic, not those which conform to ordinary rule; so that in Rome, through the whole period of her history, we never find a dictator who acted otherwise than well for the republic. For which there were the plainest reasons. In the first place, to enable a citizen to work harm and to acquire undue authority, many circumstances must be present which never can be present in a State which is not corrupted. For such a citizen must be exceedingly rich, and must have many retainers and partisans, whom he cannot have where the laws are strictly observed, and who, if he had them, would occasion so much alarm, that the free suffrage of the people would seldom be in his favour. In the second place, the dictator was not created for life, but for a fixed term, and only to meet the emergency for which he was appointed. Power was indeed given him to determine by himself what measures the exigency demanded; to do what he had to do without consultation; and to punish without appeal. But he had no authority to do anything to the prejudice of the State, as it would have been to deprive the senate or the people of their privileges, to subvert the ancient institutions of the city, or introduce new. So that taking into account the brief time for which his office lasted, its limited authority, and the circumstance that the Roman people were still uncorrupted, it was impossible for him to overstep the just limits of his power so as to injure the city; and in fact we find that he was always useful to it.
And, in truth, among the institutions of Rome, this of the dictatorship deserves our special admiration, and to be linked with the chief causes of her greatness; for without some such safeguard a city can hardly pass unharmed through extraordinary dangers. Because as the ordinary institutions of a commonwealth work but slowly, no council and no magistrate having authority to act in everything alone, but in most matters one standing in need of the other, and time being required to reconcile their differences, the remedies which they provide are most dangerous when they have to be applied in cases which do not brook delay. For which reason, every republic ought to have some resource of this nature provided by its constitution; as we find that the Republic of Venice, one of the best of those now existing, has in cases of urgent danger reserved authority to a few of her citizens, if agreed among themselves, to determine without further consultation what course is to be followed. When a republic is not provided with some safeguard such as this, either it must be ruined by observing constitutional forms, or else, to save it, these must be broken through. But in a republic nothing should be left to be effected by irregular methods, because, although for the time the irregularity may be useful, the example will nevertheless be pernicious, as giving rise to a practice of violating the laws for good ends, under colour of which they may afterwards be violated for ends which are not good. For which reason, that can never become a perfect republic wherein every contingency has not been foreseen and provided for by the laws, and the method of dealing with it defined. To sum up, therefore, I say that those republics which cannot in sudden emergencies resort either to a dictator or to some similar authority, will, when the danger is serious, always be undone.
We may note, moreover, how prudently the Romans, in introducing this new office, contrived the conditions under which it was to be exercised. For perceiving that the appointment of a dictator involved something of humiliation for the consuls, who, from being the heads of the State, were reduced to render obedience like every one else, and anticipating that this might give offence, they determined that the power to appoint should rest with the consuls, thinking that when the occasion came when Rome should have need of this regal authority, they would have the consuls acting willingly and feeling the less aggrieved from the appointment being in their own hands. For those wounds or other injuries which a man inflicts upon himself by choice, and of his own free will, pain him far less than those inflicted by another. Nevertheless, in the later days of the republic the Romans were wont to entrust this power to a consul instead of to a dictator, using the formula, Videat CONSUL ne quid respublica detrimenti capiat.
But to return to the matter in hand, I say briefly, that when the neighbours of Rome sought to crush her, they led her to take measures not merely for her readier defence, but such as enabled her to attack them with a stronger force, with better skill, and with an undivided command. _