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<!-- The text on this page is divided into two columns and fully justified. --><head>140 THE EXAMINER.</head>-----<lb/>for so doing. These are my terms, from none of which I can recede.&#x2014;<lb/><hi rend="underline">Sir Thomas Monro: Life, by Mr. Gleig</hi>.<p>Ballot at Rome.&#x2014; Cicero remarks, that the grand struggle at Rome,<lb/>under the Republic, was to prevent the will of the majority from taking<lb/>effect "ne plurimum valeant plurimi," de Re P. The venality and<lb/>corruption, however, which were carried on at the elections, and the<lb/>inefficiency of the <hi rend="underline">Treating Acts</hi> (leges de ambitu) became so apparent, that<lb/>Gabinius Tr. Pl. introduced, A. U. 614, the lex tabellaria, by which the<lb/>elections to the magistracy were to be made by Ballot. By this law each<lb/>elector received a wooden tablet (tabella) covered with wax, upon which<lb/>he wrote the name of the candidate he preferred; at the time of voting he<lb/>passed through a narrow passage (pons) boarded up on each side to<lb/>exclude observation, and placed the tablet in a large box. The box was<lb/>afterwards opened by <hi rend="underline">Examiners</hi> appointed for the purpose, and the number<lb/>of votes for each candidate was pricked off. Hence Horace's<lb/>expression, "omne tulit punctum," to express universal approbation. Voting<lb/>by Ballot became so popular with the electors, enabling them to adopt, as<lb/>Cicero remarks, pro Plancio, "the free exercise of opinion, with an<lb/>undaunted brow," that it was soon extended to the judgments issuing from<lb/>the popular jurisdiction, and to the enactment or rejection of laws. How<lb/>long these laws continued in force does not appear in Adam, Heineccius,<lb/>&c., nor do these writers appear to have been aware that they must have<lb/>been repealed. This clearly appears to have been the case, however,<lb/>from a letter of the younger Pliny, 1. 3, ep. 20, in which he describes the<lb/>re-enactment of the law of Ballot. It was in the interval between the<lb/>repeal and re-enactment that corruption and bribery again raised their<lb/>heads and called forth the complaint of Petronius&#x2014;"Venalis populus<lb/>venalis curia partum." In the above quoted letter of Pliny, he remarks<lb/>that although the conduct at elections was such as absolutely to require<lb/>the Ballot, he deplored the necessity, as he feared that great evils would<lb/>flow from its use. In a subsequent letter, 1. 4, ep. 25, he states that these<lb/>fears had been realised, and the practical evils he describes will no doubt<lb/>amuse the advocates for the theory of Ballot&#x2014;he complains that many of<lb/>the electors not sufficiently awed by the august majesty of the senate,<lb/>wrote all kinds of jokes and <hi rend="underline">smut</hi> on the tablets&#x2014;nay, one even wrote the<lb/>names of the canvasser, instead of the candidates. The most interesting<lb/>discussion on the Ballot, however, is to be found in Cicero de Leg.,<lb/>where in laying down the laws for his commonwealth, he declares that the<lb/>votes shall be "optimalibus nota, plebe libera;" and on Atticus contesting<lb/>the point as an aristocrat, hating, as he confesses every popular institution,<lb/>Cicero opens up the argument and concludes, "habeat sane populous tabellam,<lb/>quasi vindicem libertatis"&#x2014;the people must have the Ballot as <lb/>guarantee for their liberties. Popular elections, therefore, at Rome produced<lb/>exactly the same effect as in England&#x2014;corruption&#x2014;acts to prevent bribery<lb/>&#x2014;corruption unabated&#x2014;and, as a remedy in each, a unanimous demand<lb/>for the Ballot from the middle ranks. We have noted, in a previous<lb/>number, that both Hume and Harrington insist upon the Ballot as a sine<lb/>quâ non for obtaining virtual representation. Sir Thomas More expresses<lb/>himself with equal clearness upon the subject; and in all governments in<lb/>which the unbiassed choice of the electors has been sought, Ballotation has<lb/>ever been in use. The word Ballot (little ball) comes immediately from<lb/>balota, a word "mediæ Latinitatis," an example of which is given in<lb/>Ducange; it may be traced, however, in most of the European languages.<lb/>See Webster.</p><p>Aristocratical Sympathies.&#x2014;What an outcry of commiseration is<lb/>there if a young man of family and fortune ruins himself by a criminal<lb/>course of life, and thereby comes to an ignominious end! And with what<lb/>cold indifference, at the same time, do we witness the same corruption,<lb/>and the same fate, taking hold of hundreds and thousands of our poorer<lb/>and less "well-connected" fellow creatures, who, in the sight of God, are<lb/>quite as valuable as the other.&#x2014;<hi rend="underline">Biber's Lectures on Christian Education</hi>,<lb/>p. 230.</p>
 
 
 
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Identifier: | JB/004/070/012"JB/" can not be assigned to a declared number type with value 4.

Date_1

1831-02-27

Marginal Summary Numbering

Box

004

Main Headings

lord brougham displayed

Folio number

070

Info in main headings field

Image

012

Titles

the examiner / sunday, february 27, 1831 / no. 1204

Category

printed material

Number of Pages

8

Recto/Verso

recto

Page Numbering

(130-144)

Penner

Watermarks

Marginals

Paper Producer

Corrections

jeremy bentham

Paper Produced in Year

Notes public

[[notes_public::"john fonblanques eulogium on brougham" [note in bentham's hand]]]

ID Number

1991

Box Contents

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