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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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