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to the tenacious hatred of the people and of the mob; and in Rome blood flowed in the senatorial aristocracy. Young, ener- torrents. getic, and the favorite of fortune, Sejanus Antonia might now have enjoyed the had with him a formidable party in the satisfaction of having saved through her senate, he was the commander of the pre- foresight not only Tiberius, but the entire torian guard,—that is, of the only military family, when suddenly one of the surges force stationed in Italy,—and he had ter- of that fierce tempest of ambitions and harified with his implacable persecutions all treds tore from her side even her own those whom he had failed to win over daughter, Livilla, the widow of Drusus, through his promises or his favors. Could and cast her as a prey into that sea of the duel between this misanthropic old blind popular frenzy. The reader has man and this vigorous, energetic, ruthless perhaps not forgotten that eight years beclimber end in any other way than with fore, when Sejanus was hoping to marry the defeat of the former? But now step- Livilla, he had repudiated his first wife, ping forward suddenly from the shadows Apicata. Apicata had not wished to outto which she had retired, a lady appeared, live the ruin of her former husband, and threw herself between the two contes- she killed herself, but only after having tants, and changed the fate of the combat. written Tiberius a letter in which she acIt was Antonia, the daughter of the fa- cused Livilla of having poisoned Drusus mous triumvir, the revered widow of through connivance with Sejanus, whom Drusus.
she wished to marry. I confess that this After the death of Livia, Antonia was accusation seems to me hardly probable, the most respected personage of the im- and I do not believe that the denunciation perial family in Rome. She still watched, of Apicata is sufficient ground for admitwithdrawn but alert, over the destiny of ting it. Above all, it is well to inquire the house now virtually destroyed by what proofs Apicata could have had of this death, dissensions, the cruelty of the laws, crime, and how she could have procured and the relentless anger of the aristocracy. them even if the crime had been commitIt was she who scented out the plot, and ted. Since the two accomplices would have quickly and courageously, she informed been obliged to hide their infamous deed Tiberius. The latter, in danger and in from all, there was no one from whom Capri, displayed again the energy and they would have concealed it more caresagacity of his best period. The danger fully than from Apicata. We must furwas most threatening, especially because ther note that it is not probable that a Sejanus was the commander of the pre- cautious man, as Sejanus was in the year torian guard. Tiberius beguiled him with 23, would have thought of committing so friendly letters, dangling in front of him serious a crime as that of poisoning the the hope that he had conceded to him the son of his protector. For what reason tribunician power,- that is, that he had would he have done so ? He did not then made him his colleague, - while at the think of succeeding Tiberius; by removing same time he secretly took measures to ap- Drusus, he would merely have improved point a successor for him. Suddenly the situation of the family of Germanicus, Sejanus learned that he was no longer which at that time was already hostile to commander of the guard, and that the em- him and with which he was preparing to peror had accused him before the senate struggle. Instead, might not this accusaof conspiracy. In an instant, under this tion in extremis be the last vengeance of a blow, the fortunes of Sejanus collapsed. repudiated woman against the rival who The envy and the latent hatred against for a moment had threatened to take the the parvenu, the knight who had risen position from which she herself had been higher than all others, and who had driven? Apicata did not belong to the humiliated the senatorial aristocracy with aristocracy, and, unlike the ladies of the his good fortune, were reawakened, and senatorial families, she had not therefore the senate and public opinion turned been brought up with the idea of having fiercely against him. Sejanus, his family, to serve docilely as an instrument for the his friends, his accomplices, and those who political career of her own husband. Perseemed to be his accomplices, were put to haps her denunciation was the revenge of death after summary trials by the fury feminine jealousy, of that passion which the lower orders of Roman society did not prevail over the greatness of Livilla! So extinguish in the hearts of their women Livilla took refuge in her mother's house as did the aristocracy.
and starved herself to death, for she was This denunciation, however,-we know unable to outlive an accusation which it this from the pages of ancient writers, – was impossible to refute. was one of the most terrible griefs of Ti- Tiberius's reign continued for six years berius's old age.
He had loved his son after this terrible tragedy, but it was only tenderly, and the idea of leaving so hor- a species of slow death-agony. The year rible a crime unpunished, in case the accu- 33 saw still another tragic event, the suisation was true, drove him to desperation. cide of Agrippina and her son Drusus. Of Yet, on the other hand, Livilla, the pre- the race of Germanicus there remained sumptive criminal, was the daughter of his alive only one son, Caius (the later Emfaithful friend, of that Antonia who had peror Caligula), and three daughters, of saved him from the treacheries of Sejanus. whom the eldest, Agrippina, the mother of As for the public, ever ready to believe all Nero, had been married a few years before the infamies which were reported of the to the descendant of one of the greatest imperial house, it was firmly convinced houses of Rome, Cnæus Domitius Enobarthat Livilla was an abominable poisoner. bus. Tiberius still remained as the last A great trial was set on foot; many sus- relic of a bygone time to represent ideas pects were put to torture, which is evi- and aspirations which were henceforth dence that they were arriving at no definite lost causes, amid the ruins and the tombs conclusions, and this was probably because of his friends. Posterity, following in the they were seeking for the proofs of an footsteps of Tacitus, has held him and his imaginary crime. Livilla did not survive dark nature alone responsible for this the scandal, the accusations, the suspicions ruin. We ought to believe instead that of Tiberius, and the distrust of those about he was a man born to a loftier and more her. Because she was the daughter of fortunate destiny, but that he had to pay Drusus and the daughter-in-law of Tibe- the penalty for the unique eminence to rius, because she belonged to the family which fortune had exalted him. Like the which fortune had placed at the head of members of his family who had been the immense empire of Rome, she would driven into exile, who had died before not be able to persuade any one that she their time, who had been driven to suicide was innocent. The obscure woman, with- in despair, he, too, was the victim of a out ancestry, who was accusing her from tragic situation full of insoluble contradicthe grave, would be taken at her word by tions; and precisely because he was desevery one; she would convince posterity tined to live, he was perhaps the most and history; against all reason she would unfortunate victim of them all.
(To be continued)
TOPICS OF THE TIME
THE RECALL OF JUDGES A
tion shall be filed against any officer until RASH EXPERIMENT
he has actually held his office for at least twelve months, and but one recall petition
shall be filed against the same officer durcently said in private conversation: ing his term of office." “If judges could have been recalled in What does this indicate if not that GovJohn Marshall's time, there would have ernor Wilson and his advisers perceived been at least two movements to recall him the danger of misdirected passion, which as Chief-Justice, and each of them would might wrong both the city and one of its have been led by a President of the United officials by removing him for an act of States."
duty and of justice at the moment unThe reference was, of course, to the dis!! popular? like of Marshall's decisions expressed by A system must stand or fall by its appliboth Jefferson and Jackson. Marshall's cation to extreme cases. If the recall is epoch-making opinion in “Marbury versus good for mayors and governors, it is also Madison” gave deep offense to Jefferson, good for Presidents. But if it had been and he is thought to have had that case in possible to recall a President, there can be mind when, fifteen years later, he wrote of no doubt that Washington would have the judiciary as a "subtle corps of sappers been recalled at the time of the excitement and miners,” and spoke of “a crafty chief- over the Jay Treaty, Lincoln in 1862, and judge who sophisticates the law to his Grover Cleveland in 1894. mind by the turn of his own reasoning." Recall of judges, as a concrete pro
Indeed, the beginnings of the recall of posal, has scarcely as yet been put before judges may be said to date from that the voters. It was embodied in the conperiod, for John Randolph, in a rage at stitution drafted for Arizona, but if she the failure to impeach Justice Samuel is admitted by Congress as a State, it will Chase, proposed as an amendment to the be only after her citizens have had an Constitution that “The Judges of the Su- opportunity to vote upon the judicial repreme Court and all other Courts of the call as a separate and distinct provision. United States shall be removed by the In California a constitutional amendment President on the joint address of both allowing the recall of judges is to be subHouses of Congress.” Needless to say, mitted to the electors. that cirium ardor prava jubentium did not These two specific instances have proprevail.
voked much discussion in the country at Something may perhaps be said for the large. At first many were taken with the recall of non-judicial and elective officials. new idea. But it must be said that the It is much talked of nowadays as a useful weight of argument is heavily against the weapon in municipal and in State admin- innovation. President Taft has opposed istration. But those who propose to apply it emphatically; Colonel Roosevelt guardit even in that limited sphere are forced to edly; Governor Wilson explicitly. In admit, if they are sober-minded men, that both Houses of Congress the sentiment it is a sword which may cut the hand that against it has been pronounced and even seeks to wield it, and that its use must be militant. So obvious is the present trend carefully guarded.
of opinion that it is safe to predict that Thus, in the general law passed this there will be little experimenting with year by the New Jersey Legislature, pro- the recall of judges for a long time to viding for a commission plan of govern- come, except possibly in Arizona and Caliment in those cities that choose to adopt it, fornia. If those commonwealths choose there is a provision for the recall. But it to make of themselves a kind of laboratory is significantly hedged about. The lan- in legislative experimentation for the beneguage of the statute is: "No recall peti- fit of the rest of the nation, they will
surely be watched with interest; but there more general among the civilized nations is small likelihood that they will soon find than has ever been the case before. An imitators.
isolated instance of such a fabulous payThat the issue of judicial recall can be- ment might be ascribed to fancy or come country-wide under our present sys- eccentricity, or possibly self-advertisement; tem is impossible. Federal judges are but the general advance in auction prices appointed, not elected, and cannot be re- during the last few years, and the private called. The same would be true of the sale of scores of paintings for sums rangStates which appoint their judges, such as ing eagerly from one to five hundred Massachusetts and New Jersey. Never thousand dollars, establish a new record of theless, the questions underlying the pro- spiritual demand as well as exchange value. posal are so grave, and go so directly to America has led in the broad movement the foundation of our form of government, of bidding up prices, and as a result has that it is of the highest importance that secured most of the prizes. In the Octothe people should have sound ideas on the ber CENTURY of last year were described subject.
eighty-six Rembrandts owned in AmerTo put the matter in few words: the ica; since which time "The Mill," at the highest of all qualities in a judge is a fear- highest price till then ever paid for a picless sense of duty. “I will do as becometh ture, has been added to the list. Other a judge,” was the noble reply of Lord of the great masters of Europe are well Coke when beset by the blandishments and represented in American galleries, both as veiled threats of courtiers. Such an at- to beauty and corresponding price, and titude depends upon security in a judge's obviously nothing but reluctance to sell, position. He is set to declare the law. or national ownership, stands in the way But if he knows that an unpopular, though of the transference of other grand masterjust, decision will result in stripping him pieces for sums exceeding anything yet paid. of his judicial robes, then the function of Nobility of treatment and dignity of the judiciary will become degraded into subject are characteristic of every painting declaring not what is the law, but what is which has made a strong draft on the "ripthe passing madness of the hour. Learn- ping-cord” of the modern purse. They ing we ought to have in judges, and in- are all works which have survived lifedustry, but above all independence. If time neglect or favoritism, the whims of they are corrupt, they can be removed by fashion, and the crotchets of taste and orderly impeachment; but the recall would criticism. They stand among the exposubject a judge to impeachment by the nents of the finest and highest feeling atmob, with no sufficient reason shown, and tained by mankind through centuries of with no opportunity for adequate defense. striving and groping after that something
In the American plan of government, above the joys and accidents of every-day the judiciary stands apart from partizan life which is passed along from generation clamor and popular fury. The voice of to generation and hoarded as the increthe judge is as the voice of deliberate rea- ment of human life, as the flower of civison raised above political tumults. To de- lization. While not so important to menprive our judges of the power to utter that tal and spiritual growth as the composite voice, undaunted by popular outcry, would literary treasures of the world, the great be a blow not merely at our judicial sys- paintings and statues express a more inditem, but at the whole fabric of our great vidual power and a more direct spiritual experiment in democratic government. influence. They are the acme of culti
vated insight and concentration directed to VALUE IN PAINTINGS
the expression of the elemental longings of
mankind. ALF a million dollars paid for a In connection with these purchases that
single picture to hang on a wall is are epoch-making in enlarging the idea of an event that stirs the imagination of intrinsic value in art, there have been scofevery intelligent person. So far as may fings aimed at the abundance of dollars easily be judged, it means that apprecia- and an imagined paucity of taste; and tion of the existence of intrinsic value in some headshaking over a narrow view of paintings by the assured masters is to-day such prodigious payments, on the score of
self-indulgence or extravagance.
Both teristic of most salt-water har, kinds of caviling are misdirected. A coasts, as well as of the ports c noble taste in art has been very common Lakes, and even of the larger i. among the men who have risen from small beginnings to great wealth, because sensu- It is with a vivid recollectic ous emotion and response to elemental inspiring scene that the writ beauty are instinctive with men of large certain summer morning in t nature and creative mental power. Under when, in a schooner wind-bou. different conditions many of our captains days in Hampton Roads, he av of industry would have been preachers or a fair wind blowing from th writers or painters. And in art, they with fully two hundred si readily come to a knowledge of the works passed seaward, feeling himse that bring sublime messages to the soul. ish thrill of adventure, like a They also have the courage to exchange other great armada. money, which in superfluity they cannot en- Where now on the face o joy for paintings which, in the flash of an could such another scene be eye, illuminate the whole civilized world. The sailing-ship, the most
Surely no better use could be made of graceful creation of man, is American dollars than by the purchase, no the Erie Basin, or here and matter how large the price, of treasures upper reaches of the rivers that doubly enrich the purchasers, which the metropolis, an occasional s bestow on a whole people pleasures that may be seen; but the days whe educate and inspire, and which confer dis- side of South Street, with its tinction on the nation that protects them. spars and rigging, looked like The owners of fine paintings, as a rule, are winter, and the great bows generous in showing them to the public over the street itself, are g and in allowing them to be reproduced for Where are the brown-faced sa wide-spread enjoyment. Such multiplica- used to huddle about the co tion never cheapens a great picture. Even waterside, and the old sh if copied by another great artist, the orig- planted muzzle-down among inal still remains the solitary exponent of
stones, that were used for hi its own individual and impregnable beauty. Going, or gone, are the shan
While even a crude printed copy has used to be heard round they some educational value, it is the original stan-bars, and likewise the c which teaches the public that the finest tisements that, hanging from 1 methods of reproduction do not convey all of packet-ships, proclaimed a its subtle beauty. It is the original which the names of half the ports o continually tells the public that especially With the sailing-ships the in art the cheapest is likely to be the dear- sailor is also rapidly passin est. A single page picture in a "high- glamour and romance and ski priced" periodical (a Timothy Cole en- up the poetic side of the sea a graving, for instance, which in one sense be more and more left to the is a copy and in another sense an original the amateur sailor. The ya work of art frequently costs about as much of the world enroll a hundi to produce as all the pictures and art em- men, a third of whom, perhaj bellishments of a single number of some of members; but of these last a the low-priced magazines.
tage are followers of steam á paintings are our faithful monitors as to since their fetish is speed. the qualities that count for art value.
It is by the remnant who
the sail, encouraged by that YACHTING AND THE PRESERVA
body of men who, enrolled TION OF SAILING TRADITIONS
still feel a thrill at the sight
wind-filled sail, that the N the yacht anchorage at Bar Harbor, the old seamanship will b
shown as the frontispiece of this number of The CENTURY, a picture of sail- they are slowly though sure ing-craft is offered which is now charac- their knowledge, and showin