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As I look over the history of the Orient, I find no tendency to discover the inherent worth of man or to introduce the principle of government by discussion. Left to themselves, I see no probability that any of these nations would ever have been able to break the thrall of their customs, and to reach that stage of development in which common individuals could be trusted with a large measure of individual liberty. Though I can conceive that Japan might have secured a thorough-going political centralization under the old _regime_, I cannot see that that centralization would have been accompanied by growing liberty for the individual or by such constitutional rights for the common man as he enjoys to-day. Whatever progress she might have made in the direction of nationality it would still have been a despotism. The common man would have remained a helpless and hopeless slave. Art might have prospered; the people might have remained simple-minded and relatively contented. But they could not have attained that freedom and richness of life, that personality, which we saw in our last chapter to be the criterion and goal of true progress.

The law by which the Judices were to be taken only from the Equites, and not from the Senators, as had been the custom hitherto. This was a very important enactment, and needs a little explanation. All offenses against the state were originally tried in the Popular Assembly; but when special enactments were passed for the trial of particular offenses, the practice was introduced of forming a body of Judices for the trial of these offenses. This was first done upon the passing of the Calpurnian Law (B.C., 149) for the punishment of provincial magistrates for extortion in their government (_De Repetendis_). Such offenses had to be tried before the Praetor and a jury of Senators; but as these very Senators either had been or hoped to be provincial magistrates, they were not disposed to visit with severity offenses of which they themselves either had been or were likely to be guilty. By depriving the Senators of this judicial power, and by transferring it to the Equites, Gracchus also made the latter a political order in the state apart from their military character. The name of Equites was now applied to all persons who were qualified by their fortune to act as Judices, whether they served in the army or not. From this time is dated the creation of an _Ordo Equestris_, whose interests were frequently opposed to those of the Senate, and who therefore served as a check upon the latter.

To brood over the war, to spend our time in disentangling its intricate causes, seems to me a task for future historians. But a lover of peace, confronted by the hideousness of war, does best to try, if he can, to make plain what he means by peace and why he desires it. I do not mean by peace an indolent life, lost in gentle reveries. I mean hard daily work, and mutual understanding, and lavish help, and the effort to reassure and console and uplift. And I mean, too, a real conflict--not a conflict where we set the best and bravest of each nation to spill each other's blood--but a conflict against crime and disease and selfishness and greediness and cruelty. There is much fighting to be done; can we not combine to fight our common foes, instead of weakening each other against evil? We destroy in war our finest parental stock, we waste our labour, we lose our garnered store; we give every harsh passion a chance to grow; we live in the traditions of the past, and not in the hopes of the future.


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