LETTER XI.

Venice.

The senate of Venice, ever jealous of their civil liberty, while they

rejoiced at the vast acquisitions lately made by their fleet and

army, perceived that those new conquests might tend to the ruin of

the constitution, by augmenting the power and influence of the first

magistrate.

In the year 1206, immediately after they were informed of the death of

Dandolo, they created six new magistrates, called Correctors; and this

institution has been renewed at every interregnum which has happened

since.

The duty of those Correctors is, to examine into all abuses which may

have taken place during the reign of the preceding Doge, and report them

to the senate, that they may be remedied, and prevented for the future,

by wholesome laws, before the election of another Doge. At the same time

it was ordained, that the State should be indemnified out of the fortune

of the deceased magistrate, from any detriment it had sustained by his

maladministration, of which the senate were to be the judges. This law

was certainly well calculated to make the Doge very circumspect in his

conduct, and has been the origin of all the future restraints which have

been laid on that very unenviable office.

Men accustomed to the calm and secure enjoyments of private life, are

apt to imagine, that no mortal would be fond of any office on such

conditions; but the senate of Venice, from more extensive views of human

nature, knew that there always was a sufficient number of men, eager to

grasp the sceptre of ambition, in defiance of all the thorns with which

it could be surrounded.

It was not the intention of the Venetian senate to throw the smallest

stain on the character of their late patriotic Doge; nevertheless they

thought the interregnum after his death, the most favourable opportunity

of passing this law; because, when the Inquisition had taken place after

his glorious reign, no Doge could expect that it would ever afterwards be

dispensed with.

The Correctors having been chosen, and the inquisition made, Peter Ziani

was elected Doge. In his reign a court for civil causes, denominated

the Tribunal of Forty, was created. Its name sufficiently explains the

intention of establishing this court, to which there is an appeal from

the decisions of all inferior magistrates in civil causes tried within

the city. It is to be distinguished from the court of Forty, formerly

mentioned, whose jurisdiction was now confined to criminal causes: it

afterwards got the name of _old_ civil council of Forty, to distinguish

it from a third court, consisting also of forty members, which was

established at a subsequent period, to decide, by appeal, in all civil

causes, from the judgments of the inferior courts without the city of

Venice.

Towards the end of his life, about the year 1228, Ziani abdicated his

office. At the election of his successor, the suffrages were equally

divided, between Rainier Dandolo, and James Theipolo. This prolonged the

interregnum for two months; as often as they were balloted, during that

time, each of them had twenty balls. The senate, at last, ordained them

to draw lots, which decided in favour of Theipolo.

During his administration, the Venetian code was, in some degree,

reformed and abridged. One of the greatest inconveniences of freedom,

is the number of laws necessary to protect the life and property of

each citizen; the natural consequences of which are, a multitude of

lawyers, with all the suits and vexations which they create; “les peines,

les déspenses, les longueurs, les dangers mêmes de la justice,” says

Montesquieu, “sont le prix que chaque citoyen donne pour sa liberté.” The

more freedom remains in a State, of the higher importance will the life

and property of each citizen be considered. A despotic government counts

the life of a citizen as of no importance at all.

The Doge Theipolo, who had himself been a lawyer, as many of the

Venetian nobles at that time were, bestowed infinite labour in arranging

and illuminating the vast chaos of laws and regulations in which the

jurisprudence of a republic, so jealous of her liberty, had been

involved. After a long reign, he abdicated the government; and, to

prevent the inconveniency which had happened at his election, the number

of electors, by a new decree of the senate, was augmented to forty-one.

In the reign of his successor, Marino Marsini, two judges, called

Criminal Judges of the Night, were appointed. Their function is to

judge of what are called nocturnal crimes, under which denomination are

reckoned robberies, wilful fire, rapes, and bigamy. We find also, that

Jews lying with Christian women, is enumerated among nocturnal crimes;

though, by an unjustifiable partiality, a Christian man lying with a

Jewish woman, whether by night or day, is not mentioned as any crime at

all.

A few years after, in the reign of the Doge Rainier Zeno, four more

judges were added to this tribunal; and, during the interregnum which

took place at his death, in the year 1268, a new form of electing the

Doge was fixed, which, though somewhat complicated, has been observed

ever since.

All the members of the grand council, who are past thirty years of age,

being assembled in the hall of the palace, as many balls are put into an

urn as there are members present; thirty of these balls are gilt, and the

rest white. Each counsellor draws one; and those who get the gilt balls,

go into another room, where there is an urn, containing thirty balls,

nine of which are gilt. The thirty members draw again; and those who,

by a second piece of good fortune, get the gilt balls, are the _first

electors_, and have a right to choose forty, among whom they comprehend

themselves.

Those forty, by balloting in the same manner as in the former instances,

are reduced to twelve _second electors_, who choose twenty-five, the

first of the twelve naming three, and the remaining eleven two, a-piece.

All those being assembled in a chamber apart, each of them draws a ball

from an urn, containing twenty-five balls, among which are nine gilt.

This reduces them to nine _third electors_, each of whom chooses five,

making in all forty-five; who, as in the preceding instances, are reduced

by ballot, to eleven _fourth electors_, and they have the nomination of

forty-one, who are the _direct electors_ of the Doge. Being shut up by

themselves, they begin by choosing three chiefs, and two secretaries;

each elector, being then called, throws a little billet into an urn,

which stands on a table before the chiefs. On this billet is inscribed

the person’s name whom the elector wishes to be Doge.

The secretaries then, in the presence of the chiefs, and of the whole

assembly, open the billets. Among all the forty-one there are,

generally, but a very few different names, as the election, for the most

part, balances between two or three candidates. Their names, whatever is

the number, are put into another urn, and drawn out one after another.

As soon as a name is extracted, the Secretary reads it, and, if the

person to whom it belongs is present, he immediately retires. One of the

chiefs then demands, with a loud voice, whether any crime can be laid to

this person’s charge, or any objection made to his being raised to the

sovereign dignity? If any objection is made, the accused is called in,

and heard in his own defence; after which the electors proceed to give

their decision, by throwing a ball into one of two boxes, one of which

is for the Ayes, the other for the Noes. The Secretaries then count

the balls, and if there are twenty-five in the first, the election is

finished; if not, another name is read, and the same inquisition made as

before, till there are twenty-five approving balls.

This form, wherein judgment and chance are so perfectly blended,

precludes every attempt to corrupt the electors, and all cabals for the

Ducal dignity; for who could dream, by any labour or contrivance, of

gaining an election, the mode of whose procedure equally baffles the

address of a politician and a juggler?

Lawrence Theipolo was the first Doge chosen according to this mode. In

his reign the office of Grand Chancellor was created.

Hitherto the public acts were signed by certain persons chosen by the

Doge himself, and called Chancellors; but the Grand Council, which we

find always solicitous to limit the power of the Doge, thought _that_

method improper; and now proposed, that a Chancellor should be appointed

by themselves, with rights and privileges entirely independent of the

Doge. At the same time, as the people had shewn symptoms of discontent,

on account of the great offices being all in the distinguished families,

it was thought expedient to ordain, that the Chancellor should always

be taken from among the Secretaries of the senate, who were citizens.

Afterwards, when the council of ten came to be established, it was

ordained, that the Chancellor might be chosen either from the Secretaries

of that court, or from those of the senate.

The Grand Chancellor of Venice is an officer of great dignity and

importance; he has the keeping of the great seal of the Commonwealth, and

is privy to all the secrets of the State; he is considered as the head

of the order of citizens, and his office is the most lucrative in the

republic; yet, though he must be present at all the councils, he has no

deliberative voice.

In perusing the annals of this republic, we continually meet with

proofs of the restless jealousy of this government; even the private

œconomy of families sometimes created suspicion, however blameless the

public conduct of the matter might be. The present Doge had married a

foreign lady; his two sons followed his example; one of their wives

was a princess. This gave umbrage to the senate; they thought that, by

such means, the nobles might acquire an interest, and connexions, in

other countries, inconsistent with their duty as citizens of Venice;

and therefore, in the interregnum which followed the death of Theipolo,

a law was proposed by the Correctors, and immediately passed, by which

all future Doges, and their sons, were interdicted from marriage with

foreigners, under the pain of being excluded from the office of Doge.

Though the people had been gradually, as we have seen, deprived of their

original right of electing the chief magistrate; yet, on the elections

which succeeded the establishment of the new mode, the Doge had always

been presented to the multitude assembled in St. Mark’s Place, as if

requesting their approbation; and the people, flattered with this small

degree of attention, had never failed to announce their satisfaction

by repeated shouts: but the senate seem to have been afraid of leaving

them even this empty shadow of their ancient power; for they ordained,

that, instead of presenting the Doge to the multitude, to receive

their acclamations, as formerly, a Syndic, for the future, should, in

the name of the people, congratulate the new Doge on his election. On

this occasion, the senate do not seem to have acted with their usual

discernment. Show often affects the minds of men more than substance, as

appeared in the present instance; for the Venetian populace displayed

more resentment on being deprived of this noisy piece of form, than when

the substantial right had been taken from them. After the death of the

Doge John Dandolo, before a new election could take place in the usual

forms, a prodigious multitude assembled in St. Mark’s Place, and, with

loud acclamations, proclaimed James Theipolo; declaring, that this was

more binding than any other mode of election, and that he was Doge to

all intents and purposes. While the senate remained in fearful suspense

for the consequences of an event so alarming and unlooked-for, they

were informed, that Theipolo had withdrawn himself from the city, with

a determination to remain concealed, till he heard how the senate and

people would settle the dispute.

The people, having no person of weight to conduct or head them,

renounced, with their usual fickleness, a project which they had begun

with their usual intrepidity.

The Grand Council, freed from alarm, proceeded to a regular election,

and chose Peter Gradonico, a man of enterprise, firmness, and address,

in whose reign we shall see the dying embers of democracy perfectly

extinguished.

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