can be more absurd than to lay
the blame of the change upon Pericles. He only yielded to, and
regulated the irresistible current of the general wish. And we may
also observe, that most of those innovations, which were ultimately
injurious to Athens, rested upon the acknowledged maxims of modern
civilization; some were rather erroneous from details than principles;
others, from the want of harmony between the new principles and the
old constitution to which then were applied. Each of the elements
might be healthful--amalgamated, they produced a poison.
XV. It is, for instance, an axiom in modern politics that judges
should receive a salary [291]. During the administration of Pericles,
this principle was applied to the dicasts in the popular courts of
judicature. It seems probable that the vast accession of law business
which ensued from the transfer of the courts in the allied states to
the Athenian tribunal was the cause of this enactment. Lawsuits
became so common, that it was impossible, without salaries, that the
citizens could abandon their own business for that of others. Payment
was, therefore, both equitable and unavoidable, and, doubtless, it
would have seemed to the Athenians, as now to us, the best means, not
only of securing the attention, but of strengthening the integrity, of
the judges or the jurors. The principle of salaries was, therefore,
right, but its results were evil, when applied to the peculiar
constitution of the courts. The salary was small--the judges
numerous, and mostly of the humblest class--the consequences I have
before shown [292]. Had the salaries been high and the number of the
judges small, the means of a good judicature would have been attained.
But, then, according to the notions, not only of the Athenians, but of
all the Hellenic democracies, the democracy itself, of which the
popular courts were deemed the constitutional bulwark and the vital
essence, would have been at an end. In this error, therefore, however
fatal it might be, neither Pericles nor the Athenians, but the
theories of the age, are to be blamed [293]. It is also a maxim
formerly acted upon in England, to which many political philosophers
now incline, and which is yet adopted in the practice of a great and
enlightened portion of the world, that the members of the legislative
assembly should receive salaries. This principle was now applied in
Athens [294]. But there the people themselves were the legis
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