Page:Montesquieu - The spirit of laws.djvu/68

16 Solon made a law at Athens that military employments should be conferred by choice, but that senators and judges should be elected by lot.

The same legislator ordained, that civil magistracies, attended with great expence, should be given by choice; and the others by lot.

But in order to amend the suffrage by lot, he made a rule that none but those who presented themselves should be elected, that the person elected should be examined by judges , and that every one should have a right to accuse him if he were unworthy of the office : this participated at the same time of suffrage by lot, and of that by choice. When the time of their magistracy was expired, they were obliged to submit to another judgment upon the manner they had behaved. Persons utterly unqualified, must have been extremely backward in giving in their names to be drawn by lot.

The law which determines the manner of giving the suffrages, is likewise fundamental in a democracy. It is a question of some importance, whether the suffrages ought to be public or secret. Cicero observes, that the laws which rendered them secret towards the the republic, were the cause of its decline. But as this is differently practised in different republics, I shall offer here my thoughts concerning this subject. 2