[11] In Sicily alone, goaded by ill-treatment, the slaves rebelled. Their army numbered 200,000 (B. C. 134-132.)
THE LAWS UNDER THE JUDGES--THE VOICE OF THE PEOPLE--ELECTIONS--RIGHTS OF THE PEOPLE--CHURCH AND STATE--THE CRIMINAL PROCEDURE.
We next enter into the consideration of the law as it existed under the Judges, gathering our information from various passages in which it is directly referred to, or wherein some historical incident is narrated which throws light on its powers and manner of execution.
From the death of king Mosiah II. (B. C. 91), the governmental authority was vested in a chief judge and other subordinate judges and officers, all of whom were elected by the voice of the people, to judge according to the laws which had been given to and accepted by the people. Their authority was defined by the law (the code of Mosiah), but within the bounds therein prescribed they appear to have held unrestricted powers. This was especially so in the case of the chief judge. No civil council or parliament divided with the chief executive the authority to make war or conclude peace, to decide the terms of treaties, or frame enactments for the regulation of public affairs. No direct statement is made of the length of the term that a judge remained in office, but from the historical narrative we gather the idea that he was elected for life or during good conduct. We have instances of judges resigning, but none of their removal by the people because their term of office had expired. Each city or land appears to have had its chief judge or ruler as well as its inferior magistrates, all of whom were responsible to the chief judge of the whole nation, whose seat of government was located in the Nephite capital, Zarahemla, when the city was not in the hands of Lamanites or traitors.
The manner of conducting elections is not clearly defined. The result is always spoken of as the voice of the people. The mode of procedure was uniform, that is, it was the same throughout the land. In the election of the first chief judge (Alma the younger), the people assembled in bodies throughout all the land to cast in their voices, which conveys the impression that they declared their choice _viva voce_, or by acclamation rather than by lot or ballot. It is quite possible that the methods were entirely dissimilar to any known at modern elections; this, however, is but conjecture.