He is that in our opinion,
and he is also something else.
The dictator was a magistrate. Livy[1] and Cicero[2] call him _praetor
maximus_; Seneca[3] calls him _magister populi_; what he decreed was
looked upon as a fiat from above. Livy[4] says: _pro numine observatum_.
In those times of incomplete civilisation, the rigidity of the ancient
laws not having foreseen all cases, his function was to provide for the
safety of the people; he was the product of this text: _salus populi
suprema lex esto_. He caused to be carried before him the twenty-four
axes, the emblems of his power of life and death. He was outside the
law, and above the law, but he could not touch the law. The
dictatorship was a veil, behind which the law remained intact. The
law was before the dictator and after him; and it resumed its power
over him on the cessation of his office. He was appointed for a very
short period--six months only: _semestris dictatura_, says Livy.[5]
But as if this enormous power, even when freely conferred by the
people, ultimately weighed heavily upon him, like remorse, the dictator
generally resigned before the end of his term. Cincinnatus gave it up
at the end of eight days. The dictator was forbidden to dispose of
the public funds without the authority of the Senate, or to go out of
Italy. He could not even ride on horseback without the permission of
the people. He might be a plebeian; Marcius Rutilus, and Publius Philo
were dictators. That magistracy was created for very different objects:
to organize fetes for saints' days; to drive a sacred nail into the
wall of the Temple of Jupiter; on one occasion to appoint the Senate.
Republican Rome had eighty-eight dictators. This intermittent
institution continued for one hundred and fifty-three years, from the
year of Rome 552, to the year 711. It began with Servilius Geminus,
and reached Caesar, passing over Sylla. It expired with Caesar. The
dictatorship was fitted to be repudiated by Cincinnatus, and to be
espoused by Caesar. Caesar was five times dictator in the course of five
years, from 706 to 711. This was a dangerous magistracy, and it ended
by devouring liberty.
[1] Lib. vii., cap. 31.
[2] De Republica. Lib. i, cap. 40.
[3] Ep. 108.
[4] Lib. iii., cap. 5.
[5] Lib. vi., cap. 1.
Is M. Bonaparte a dictator? We see no impropriety in answering yes.
_Praetor maximus_,--general-in-chief? the colours salute him. _Magister
populi_,--t
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