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the spirit of laws-第116章

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ar from land; and during his voyage had such serene weather that in the night he could always see a polar star and in the day the rising and setting of the sun; it is certain he might regulate his course as well as we do now by the compass: but this must be a fortuitous case; and not a regular method of navigation。

We see in the treaty which put an end to the first Punic war that Carthage was principally attentive to preserve the empire of the sea; and Rome that of the land。 Hanno;'98' in his negotiation with the Romans; declared that they should not be suffered even to wash their hands in the sea of Sicily; they were not permitted to sail beyond the promontorium pulchrum; they were forbidden to trade in Sicily; Sardinia; and Africa; except at Carthage:'99' an exception that proves there was no design to favour them in their trade with that city。

In early times there had been very great wars between Carthage and Marseilles'100' on the subject of fishing。 After the peace they entered jointly into economical commerce。 Marseilles at length grew jealous; especially as; being equal to her rival in industry; she had become inferior to her in power。 This is the motive of her great fidelity to the Romans。 The war between the latter and the Carthaginians in Spain was a source of riches to Marseilles; which had now become their magazine。 The ruin of Carthage and Corinth still increased the glory of Marseilles; and had it not been for the civil wars; in which this republic ought on no account to have engaged; she would have been happy under the protection of the Romans; who were not the least jealous of her commerce。

12。 The Isle of Delos。 Mithridates。 Upon the destruction of Corinth by the Romans; the merchants retired to Delos; an island which from religious considerations was looked upon as a place of safety:'101' besides; it was extremely well situated for the commerce of Italy and Asia; which; since the reduction of Africa and the weakening of Greece; had grown more important。

From the earliest times the Greeks; as we have already observed; sent colonies to Propontis and to the Euxine Sea  colonies which retained their laws and liberties under the Persians。 Alexander; having undertaken his expedition against the barbarians only; did not molest these people。'102' Neither does it appear that the kings of Pontus; who were masters of many of those colonies; ever deprived them of their own civil government。'103'

The power of those kings increased as soon as they subdued those cities。'104' Mithridates found himself able to hire troops on every side; to repair his frequent losses; to have a multitude of workmen; ships; and military machines; to procure himself allies; to bribe those of the Romans; and even the Romans themselves; to keep the barbarians of Asia and Europe in his pay;'105' to continue the war for many years; and of course to discipline his troops; he found himself able to train them to arms; to instruct them in the military art of the Romans;'106' and to form considerable bodies out of their deserters; in a word; he found himself able to sustain great losses; and to be frequently defeated; without being ruined;'107' neither would he have been ruined if the voluptuous and barbarous king had not destroyed; in his prosperous days; what had been done by the great prince in times of adversity。

Thus it was that when the Romans had arrived at their highest pitch of grandeur; and seemed to have nothing to apprehend but from the ambition of their own subjects; Mithridates once more ventured to contest the mighty point; which the overthrow of Philip; of Antiochus; and of Perseus had already decided。 Never was there a more destructive war: the two contending parties; being possessed of great power; and receiving alternate advantages; the inhabitants of Greece and of Asia fell a sacrifice in the quarrel; either as foes; or as friends of Mithridates。 Delos was involved in the general fatality; and commerce failed on every side: which was a necessary consequence; the people themselves being destroyed。

The Romans; in pursuance of a system of which I have spoken elsewhere;'108' acting as destroyers; that they might not appear as conquerors; demolished Carthage and Corinth; a practice by which they would have ruined themselves had they not subdued the world。 When the kings of Pontus became masters of the Greek colonies on the Euxine Sea; they took care not to destroy what was to be the foundation of their own grandeur。

13。 Of the Genius of the Romans as to Maritime Affairs。 The Romans laid no stress on anything but their land forces; who were disciplined to stand firm; to fight on one spot; and there bravely to die。 They could not like the practice of seamen; who first offer to fight; then fly; then return; constantly avoid danger; often make use of stratagem; and seldom of force。 This was not suitable to the genius of the Greeks'109' much less to that of the Romans。

They destined therefore to the sea only those citizens who were not considerable enough to have a place in their legions。'110' Their marines were commonly freedmen。

At this time we have neither the same esteem for land forces nor the same contempt for those of the sea。 In the former; art has decreased;'111' in the latter; it has augmented:'112' now things are generally esteemed in proportion to the degree of ability requisite to discharge them。

14。 Of the Genius of the Romans with respect to Commerce。 The Romans were never distinguished by a jealousy for trade。 They attacked Carthage as a rival; not as a commercial nation。 They favoured trading cities that were not subject to them。 Thus they increased the power of Marseilles by the cession of a large territory。 They were vastly afraid of barbarians; but had not the least apprehension from a trading people。 Their genius; their glory; their military education; and the very form of their government estranged them from commerce。

In the city; they were employed only about war; elections; factions; and law…suits; in the country; about agriculture; and as for the provinces; a severe and tyrannical government was incompatible with commerce。

But their political constitution was not more opposed to trade than their law of nations。 〃The people;〃 says Pomponius; the civilian;'113' 〃with whom we have neither friendship; nor hospitality nor alliance; are not our enemies; however; if anything belonging to us falls into their hands; they are the proprietors of it; freemen become their slaves; and they are upon the same terms with respect to us。〃

Their civil law was not less oppressive。 The law of Constantine;'114' after having stigmatised as bastards the children of a mean rank who had been married to those of a superior station; confounds women who retail merchandise with slaves; with the mistresses of taverns; with actresses; with the daughters of those who keep public stews; or who had been condemned to fight in the amphitheatre; this had its origin in the ancient institutions of the Romans。

I am not ignorant that men prepossessed with these two ideas (that commerce is of the greatest service to a state; and that the Romans had the best…regulated government in the world) have believed that these people
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