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it an aristocracy of property. Clisthenes widened its basis from property to population; as we have already seen, it was, in all probability, Clisthenes also who weakened the more illicit and oppressive influences of wealth, by establishing the ballot or secret suffrage instead of the open voting, which was common in the time of Solon. It is the necessary constitution of society, that when one class obtains power, the ancient checks to that power require remodelling. The Areopagus was designed by Solon as the aristocratic balance to the popular assembly. But in all states in which the people and the aristocracy are represented, the great blow to the aristocratic senate is given, less by altering its own constitution than by infusing new elements of democracy into the popular assembly. The old boundaries are swept away, not by the levelling of the bank, but by the swelling of the torrent. The checks upon democracy ought to be so far concealed as to be placed in the representation of the democracy itself; for checks upon its progress from without are but as fortresses to be stormed; and what, when latent, was the influence of a friend, when apparent, is the resistance of a foe. The Areopagus, the constitutional bulwark of the aristocratic party of Athens, became more and more invidious to the people. And now, when Cimon resisted every innovation on that assembly, he only ensured his own destruction, while he expedited the policy he denounced. Ephialtes directed all the force of the popular opinion against this venerable senate; and at length, though not openly assisted by Pericles [182], who took no prominent part in the contention, that influential statesman succeeded in crippling its functions and limiting its authority. XVII. I do not propose to plunge the reader into the voluminous and unprofitable controversy on the exact nature of the innovations of Ephialtes which has agitated the students of Germany. It appears to me most probable that the Areopagus retained the right of adjudging cases of homicide [183], and little besides of its ancient constitutional authority, that it lost altogether its most dangerous power in the indefinite police it had formerly exercised over the habits and morals of the people, that any control of the finances was wisely transferred to the popular senate [184], that its irresponsible character was abolished, and it was henceforth rendered accountable to the people. Such alte
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