Atlantic Monthly, Vol. 3, No. 18, April, 1859 | Page 5

poor commons, he did no more than had often been done by the Roman kings, with good effect, and with strict legality. Much of the public land was occupied by wealthy men, as tenants of the state; and some of these his law would have ousted from profitable spots, while the rest were to be forced to pay their rents, which they had done very irregularly or not at all. The operation of all Agrarian laws like that of Cassius was, undoubtedly, a matter well to be considered; for, after a man has long occupied a piece of land, he regards it as an act of injustice to be peremptorily removed therefrom, and he ought to have, at least, the privilege of buying it, if its possession be necessary to his support. This feeling must have been the stronger in the bosom of the Roman occupant in proportion to his poverty, but to legal possession he could make no claim. The position he held was that of tenant at will to the state, and he could be legally ejected at any moment. But it was not from poor occupants of the public domain, whose number was necessarily small, that opposition was experienced. It came from the rich, who had all but monopolized the use of that domain; and, in the time of Spurius Cassius, it was complicated with that quarrel of caste which we denominate the contest between the Patricians and the Plebeians. Property and political power were both involved in the dispute. The Patricians knew that the success of Cassius would make against them in two ways:--it would strengthen the Plebeians, by lifting them out of the degradation consequent on poverty, and so render them more dangerous antagonists in political warfare; and it would render the Patricians less able to contend with aspiring foes, by taking from them one of the sources of their wealth. Cassius failed, and was executed, having been tried and condemned by the Patricians, who then alone constituted the Roman people.
More than a century after the failure of Cassius, the Agrarian question was again brought before the Roman nation, on a large scale. This was the time when the famous Licinian rogations, by the adoption of which a civil revolution was effected in Rome, were brought forward. They provided for the passage of an Agrarian law, for an equitable settlement of debts, and that thereafter one of the two Consuls should always be a Plebeian. It is something to be especially noted, that C. Licinius Stolo, the man from whom these laws take their name, was not a needy political adventurer, but a very wealthy man, his possessions being mainly in land; and that he belonged to a gens (the Licinii) who were noted in after days for their immense wealth, among them being that Crassus whose avarice became proverbial, and whose surname was _Dives_, or the Rich. The Licinian Agrarian law provided, that no one should possess more than five hundred jugers of the public land, (_ager publicus_,) that the state should resume lands that had been illegally seized by individuals, that a rent should be paid by the occupants of the public domain, that only freemen should be employed on that domain, and that every Plebeian should receive seven jugers of the public land in absolute property, to be taken from those lands which the state was to resume from Patricians who possessed (that is to say, who occupied) more than five hundred jugers. Such were the main provisions of the law, which did not touch private property of any kind. The state was merely to assert its undisputed legal right over the public domain, and the Plebeians became landholders, which was the best thing that could happen to the republic, and which was what was aimed at in every community of antiquity. Even the partial observance of this law was the cause of the supremacy of Rome being established over the finest portions of the ancient world. Had Licinius failed, Rome would have gone down in her contest with the Samnites, and the latter people would have become masters of Italy. As it was, his success created the Roman people; and from the time of that success must be dated the formation of the Roman constitution as it was recognized and acted on during the best period of the Republic. True, the Agrarian law was but one of three measures which he carried through in the face of all the opposition the Patricians could make; but the other laws were of a kindred character, and they all worked together for good. It was the triumph of the Plebeians for the benefit of all. The revolution then effected was strictly conservative in its nature, and whatever of internal evil Rome afterwards experienced was