UNIVERSAL BIOGRAPHICAL LIBRARY
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LIFE AND WARS OF JULIUS CAESAR.
HISTORY OF JULIUS CAESAR.
CHAPTER I.
(654-684.)
FIRST YEARS OF CAESAR.
About the time when Marius, by his victories over the
Cimbri and Teutones, saved Italy from a formidable invasion, was born at Rome
the man who would one day, by again subduing the Gauls and Germans, retard for
several centuries the irruption of the barbarians, give the knowledge of their
rights to oppressed peoples, assure continuance to Roman civilization, and
bequeath his name to the future chiefs of nations as a consecrated element of
power.
Caius Julius Caesar was born at Rome on the 4th of the
ides of Quintilis (July 12, 654), and the month Quintilis, called Julius [July] in honor of him, has
borne for 1,900 years the name of the great man. He was the son of C. Julius
Caesar, praetor, who died suddenly at Pisa, about 670, and of Aurelia,
descended from an illustrious plebeian family.
By ancestry and alliances, Caesar inherited that
double prestige which is derived from ancient origin and recent renown.
On one side he claimed to be descended from Anchises
and Venus; on the other, he was the nephew of the famous Marius, who had
married his aunt Julia. When the widow of this great captain died, in 686,
Caesar pronounced her funeral oration, and thus traced out his own genealogy:
“My aunt Julia, on the maternal side, is of the issue of kings; on the paternal
side she descends from the immortal gods: for her mother was a Marcia, and the
family Marcius Rex are the descendants of Ancus Marcius. The Julia family, to which I belong, descends from Venus herself. Thus
our house unites to the sacred character of kings, who are the most powerful
among men, the venerated holiness of the gods, who hold kings themselves under
their subjection.”
This proud glorification of his race attests the value
which was set at Rome upon antiquity of origin; but Caesar, sprung from that aristocracy which has produced so
many illustrious men, and impatient to follow in their footsteps, showed, from
early youth, that nobility obliges, instead of imitating those whose conduct
would make one believe that nobility dispenses.
Aurelia, a woman of lofty character and severe morals,
helped above all in the development of his great abilities, by a wise and
enlightened education, and prepared him to make himself worthy of the part
which destiny had reserved for him. This first education, given by a tender and
virtuous mother, has ever as much influence over our future as the most
precious natural qualities. Caesar reaped the fruits of it. He also received
lessons from M. Antonius Gnipho, the Gaul, a
philosopher and master of eloquence, of a rare mind, of vast learning, and well
versed in Greek and Latin letters, which he had cultivated at Alexandria.
Greece was always the country of the arts and
sciences, and the language of Demosthenes was familiar to every lettered Roman.
Thus Greek and Latin might be called the two languages of Italy—as they were,
at a later period, by the Emperor Claudius. Caesar spoke both with the same
facility; and, when falling beneath the dagger of Brutus, he pronounced in
Greek the last words that issued from his lips.
Though eager for pleasure he neglected nothing, says
Suetonius, by which to acquire those talents which lead to the highest honors.
Now, according to Roman habits, the first offices were attainable only by the
union of the most diverse merits. The patrician youth, still worthy of their
ancestors, were not idle: they sought religious appointments to give them power
over consciences; administrative employments to influence material interests;
discussions and public discourses to captivate minds by their eloquence;
finally, military labors, to strike imaginations by the brilliancy of their
glory. Emulous of distinction in all, Caesar did not confine himself to the
study of letters: he early composed works, among which are cited “The Praises
of Hercules,” a tragedy of “Edipus,” “A Collection of
Choice Phrases,” a book on “Divination.” It seems that these works were written
in a style so pure and correct, that they gained for him the reputation of an
eminent writer, gravis auctor linguae Latinae.
He was less happy in the art of poetry, if we may believe Tacitus. However,
there remain to us some verses addressed to the memory of Terence, which are
not wanting in elegance.
Education, then, had made Caesar a distinguished man
before he was a great man. He united to goodness of heart a high intelligence,
to an invincible courage an enthralling eloquence, a wonderful memory, an
unbounded generosity; finally he possessed one very rare quality—calmness under
anger. “His affability,” says Plutarch, “his politeness, his gracious
address—qualities which he had to a degree beyond his age—gained him the
affection of the people.’’
Two anecdotes of later date must come in here.
Plutarch relates that Caesar, during his campaigns, one day, surprised by a
violent storm, took shelter in a hut where was only one room, too small to
contain many people. He hastened to offer it to Oppius,
one of his officers, who was sick; and himself passed the night in the open
air, saying to those who accompanied him, “We must leave to the great the
places of honor, but yield to the sick those that are necessary to them.”
Another time, Valerius Leo, with whom he was dining
at Milan, having set before him an ill-seasoned dish, the companions of Caesar
remonstrated; but he reproached them sharply for their want of consideration1
for his host, saying “that they were free not to eat of a dish they did not
like, but that to complain of it aloud was a want of good breeding.”
These facts, of small importance in themselves, yet
testify to Caesar’s goodness of heart, and to the delicacy of the well-bred
man, who is always observant of propriety.
To his natural qualities, developed by a brilliant
education, were added physical advantages. His tall stature, his rounded and well-proportioned
limbs, stamped his person with grace that distinguished him from all others. He
had black eyes, a piercing look, a pale complexion, a straight and high nose.
His mouth, small and regular, but with rather thick lips, gave a kindly
expression to the lower part of his face, whilst his breadth of brow betokened
the development of the intellectual faculties; His face was full, at least in
his youth; for in his busts, doubtless made towards the end of his life, his
features are thinner, and bear traces of fatigue. He had a sonorous and
penetrating voice, a noble gesture, and an air of dignity reigned over all his
person. His constitution, at first delicate, became robust by a frugal regimen
and the habit of exposing himself to the inclemency of the weather. Accustomed
from his youth to all bodily exercises, he was a bold horseman, and bore
privations and fatigues without difficulty. Habitually temperate, his health
was impaired neither by excess of labor nor by excess of pleasure. However, on
two occasions—the first at Corduba, the second at
Thapsus—he was seized with nervous attacks, wrongly mistaken for epilepsy.
He paid special attention to his person, carefully
shaved or plucked out his beard, and artistically brought his hair forward to
the front of his head, which, in more advanced age, served to conceal his bald
forehead. He was reproached with the affectation of scratching his head with
one finger only, so that he should not disarrange his hair. His toilette was
refined; his toga was generally ornamented with a laticlavia,
fringed down to the hands, and fastened by a girdle carelessly tied about his
loins—a costume which distinguished the elegant and effeminate youths of the
period. But Sylla was not deceived by these appearances of frivolity, and
repeated that they must take care of this young man with the loose girdle. He
had a taste for pictures, statues, and jewels; and, in memory of his origin,
always wore on, his finger a ring, on which was engraved the figure of an armed
Venus.
In fine, we discover in Caesar, both physically and
morally, two natures rarely united in the same person. He joined an
aristocratic delicacy of body to the muscular constitution of the warrior; the
love of luxury and the arts to a passion for military life, in all its
simplicity and rudeness: in a word, he allied the elegance of manner which
seduces with the energy of character which commands.
CAESAR PERSECUTED BY SYLLA (672).
Such was Caesar at the age of eighteen, when Sylla
seized the dictatorship. Already he attracted all eyes at Rome by his name, his
intellect, his affable manners, which pleased men, and, perhaps, women still
more.
The influence of his uncle Marius caused him to be
nominated priest of Jupiter (flamen dialis) at
the age of fourteen. At sixteen, betrothed, doubtless against his will, to Cossutia, the daughter of a rich knight, he broke his
engagement, after the death of his father, to draw still closer his alliance
with the popular party by marrying, a year after, in 671, Cornelia, daughter of
L. Cornelius Cinna, the ancient colleague of Marius, and the representative of
his cause. From this marriage was born, the following year, Julia, who became,
in after time, the wife of Pompey.
Sylla saw with displeasure this young man, who already
occupied men’s thoughts, although, as yet, he had done nothing, linking himself
more closely with those who were opposed to him. He wished to force him to
divorce Cornelia, but he found him inflexible. When everyone yielded to his
will, when, by his orders, Piso separated from Annia, the widow of Cinna, and Pompey ignominiously
dismissed his wife, the daughter of Antistius, who
died for his cause, to marry Emilia, the daughter-in-law of the dictator,
Caesar maintained his independence at the price of his personal safety.
Become suspected, he was deprived of his priesthood,
and of his wife’s dowry, and declared incapable of inheriting from his family.
Obliged to conceal himself in the outskirts of Rome, to escape persecution, he
changed his place of retreat every night, though ill with fever; but, arrested
by a band of assassins in the pay of Sylla, he gained the chief, Cornelius Phagita, by giving him two talents (about 12,000 francs),
and his life was preserved. Let us note here that, arrived at sovereign power,
Caesar met this same Phagita, and treated him with
indulgence, without reminding him of the past. Meanwhile, he still wandered
about in the Sabine country. His courage, his constancy, his illustrious birth,
his former quality of flamen, excited general interest. Soon important
personages, such as Aurelius Cotta, his mother’s brother, and Mamercus Lepidus, a connection of his family, interceded in
his favor. The vestals also, whose sole intervention put an end to all
violence, did not spare their prayers. Vanquished by so many solicitations,
Sylla yielded at last, exclaiming, “Well! be it so, you will it; but know that
he, whose pardon you demand, will one day ruin the party of the great for which
we have fought together, for, trust me, there are several Mariuses in this young man.”
Sylla had judged truly; many Mariuses,
in effect, had met together in Caesar: Marius, the great captain, but with a
larger military genius; Marius, the enemy of the oligarchy, but without hatred
and without cruelty; Marius, in a word, no longer the man of a faction, but the
man of his age.
CAESAR IN ASIA (673, 674).
Caesar could not remain a cold spectator of the
sanguinary reign of Sylla, and left for Asia, where he received the hospitality
of Nicomedes, King of Bithynia. A short time
afterwards he took part in the hostilities which continued, against
Mithridates. The young men of good family who wished to serve their military
apprenticeship, followed a general to the army. Admitted to his intimacy, under
the name of contubernales, they were attached
to his person. It was in this capacity that Caesar accompanied the Praetor M. Minucius Thermus, who sent him to Nicomedes to claim his co-operation in the siege of Mitylene, occupied by the troops of
Mithridates. Caesar succeeded in his mission, and, on his return, aided in the
capture of the city. Having saved the life of a Roman soldier, he received from
Thermus a civic crown.
Shortly afterwards he returned to Bithynia, to defend
the cause of one of his clients. His frequent presence at the court of Nicomedes served as the pretext for an accusation of
shameful condescension. But Caesar’s relations with the Bithynians may be explained quite naturally by his feelings of gratitude for the
hospitality he had received from them; it was the reason which made him always
defend their interests, and at a later period become their patron, as may be
gathered from the fragment of a speech preserved by Aulus Gellius. The motives of his conduct were,
nevertheless, so misconstrued, that insulting allusions are to be found in
certain debates of the Senate, and even in the songs of the soldiers who
followed his triumphal car. But these sarcasms, which told rather of hatred
than of truth, as Cicero himself says, magis odio firmata qua proesidio, were only set afloat by his adversaries very
much later, that is to say, at one of those moments of excitement when
political parties shrink from no calumny(s) to mutually decry each other.
Notwithstanding the relaxation of morals, nothing could have ruined the
reputation of Caesar more than this accusation, for such a crime was not only
abhorred in the army, but, committed with a foreigner, would have been the most
degrading disregard of Roman dignity. Wherefore Caesar, whose love for women
ought to have shielded him from such a suspicion, repelled it with just
indignation.
After having made his first campaign at the siege of
Mitylene, Caesar served in the fleet of the Proconsul P. Servilius (676), commissioned to make war on the Cilician pirates, who subsequently
received the surname of Isauricus, because he
had taken Isaura, their chief place of refuge, and conquered part of Cilicia.
However, he remained but a short time with Servilius,
for, having been informed of the death of Sylla, he returned to Rome.
CAESAR ON HIS RETURN TO ROME (676).
The Republic, divided into two parties, was on the eve
of falling into civil war through the diversity of opinion between the two
consuls, Lepidus and Catulus. They were ready to come
to blows. The former, elevated to the consulship by the influence of Pompey,
against the advice of Sylla, fomented an insurrection. “He lighted up,” says Florus, “the fire of civil war at the very funeral pyre of
the dictator.” He wished to abrogate the Cornelian laws, restore to the
tribunes their power, to the proscribed their rights, to the allies their
lands. These designs against the system
established by the dictator agreed with Caesar’s ideas, and endeavors were
made, by seductive offers, to draw him into the intrigues which were then going
on; but he kept aloof.
The Senate succeeded in making the consuls swear that
they would be reconciled, and thought to insure peace by giving each a military
command. Catulus received the government of Italy,
and Lepidus that of Cisalpine Gaul. The latter, before going to his province,
visited Etruria, where the partisans of Marius flocked to him. The Senate,
informed of these doings, recalled him to Rome, towards the end of the year, to
hold the comitia. Lepidus, leaving Brutus the praetor encamped near Mutina (Modena),
marched back to Rome at the head of his army. Beaten by Catulus and Pompey, at the bridge of Milvius, he withdrew to
the coast of Etruria, and, after a new defeat, fled to Sardinia, where he ended
his career miserably. Perpenna, his lieutenant, went, with the wreck of his
army, to join Sertorius in Spain.
Caesar acted wisely in keeping out of these movements,
for not only did the character of Lepidus inspire him with no confidence, but
he must have thought that the dictatorship of Sylla was too recent, that it had
inspired too many fears, and created too many new interests, to admit of the
reaction, still incomplete in men’s minds, succeeding by arms. For the present,
they must limit themselves to acting on public opinion, by branding with words
the instruments of the past tyranny.
The most general way of entering on a political career
was by instituting a prosecution against some high personage. Its success
mattered little; the real point was to be brought prominently forward by some
remarkable speech, and offer a proof of patriotism.
Cornelius Dolabella, one of the friends of Sylla, who
had had the honors of the consulate and triumph, and who, two years before, was
governor of Macedonia, was now accused by Caesar of excesses committed in his
government (677). He was acquitted by the tribunal composed of the creatures of
the dictator. Public opinion did not praise Caesar, the less for having dared
to attack a man who was supported and defended by orators such as Hortensius and L. Aurelius Cotta. Besides, he displayed so
much eloquence, that this first speech gave him at once a veritable celebrity.
Caesar was twenty-one years of age when he attacked
Dolabella, in a speech which we still read today with admiration. Encouraged by
this success, Caesar cited C. Antonius Hybrida before
the Praetor M. Lucullus, for having, at the head of a body of cavalry, pillaged
certain parts of Greece when Sylla was returning from Asia. The accused was
also acquitted, but the popularity of the accuser still increased. He also
spoke, probably, in other causes now unknown. Tacitus speaks of a speech of
Caesar’s, in favor of a certain Decius the Samnite, without doubt the same
mentioned by Cicero, who, flying from the proscription of Sylla, was kindly
received by Aulus Cluentius.
Thus Caesar boldly offered himself as the defender of the oppressed Greeks or
Samnites, who had suffered so much from the regime preceding. He gained
especially the good-will of the former, whose opinions, highly influential at
Rome, helped to make reputations.
These attacks were certainly a means of attracting
public attention; but they also showed the courage of the man, since the
partisans of Sylla were still all in power.
CASAR GOES TO RHODES (678-680).
Notwithstanding his celebrity as an orator, Caesar
resolved to keep out of the troubles which agitated Italy, and doubtless felt
his presence in Rome useless to his cause and irksome to himself. It is often
advantageous to political men to disappear for a time from the scene; they thus
avoid compromising themselves in daily struggles without aim, and their reputation,
instead of losing, increases by absence. During the winter of 678, Caesar again
quitted Italy, for the purpose of going to Rhodes to complete his studies. This
island, then the centre of intellectual lights, the
dwelling-place of the most celebrated philosophers, was the school of all the
well-born youth. Cicero himself had gone there for lessons some years before.
In his passage, Caesar was taken by pirates near Pharmacusa, a small island in the archipelago of the
Sporades, at the mouth of the Gulf of Jassius.
Notwithstanding the campaign of P. Servilius Isauricus, these pirates still infested the sea with
numerous fleets. They demanded twenty talents for his ransom. He offered fifty,
which must naturally have given them a high notion of their prisoner, and
insured him better treatment. He sent trusty agents, and among others Epicrates, one of his Milesian slaves, to raise this sum in
the neighboring towns. Though the allied towns and provinces were in this case
obliged to furnish the ransom, it was none the less curious, as a proof of
their wealth, to see a young man of twenty-four, arrested in a little island of
Asia Minor, instantly able to borrow so large a sum.
Left alone with a physician and two slaves in the
midst of these ferocious brigands, he held them in awe by his force of
character, and passed nearly forty days on board without ever loosing either
his sandals or his girdle, to avoid all suspicion of wishing to escape by
swimming. He seemed less a captive, says Plutarch, than a prince surrounded by
his guards; now playing with them, now reciting poems to them, he made himself
loved and feared, and laughingly told them that, once free, he would have them
crucified. Yet the remembrance of Rome recurred to his mind, and recalled the strifes and enmities he had left there. He was often heard
to say, “What pleasure Crassus will have at knowing me in these straits!’’
As soon as he received his ransom from Miletus and the
other towns, he paid it. Landed on the coast, he hastened to equip ships,
impatient to revenge himself. The pirates, surprised at anchor in the harbor of
the island, were almost all made prisoners, and their booty fell into his
hands. He secured them in the prison at Pergamus, to
deliver them up to Junius Silanus, the proconsul of
Asia, whose duty it was to punish them. But, wishing to sell them and make a
profit, Junius replied in an evasive manner. Caesar returned to Pergamus and had them crucified.
He went afterwards to Rhodes, to attend the lessons of
Apollonius Molo, the most illustrious of the masters of eloquence of that time,
who had formerly been to Rome, in 672, as the Rhodian ambassador. About the
same time one of his uncles, the Proconsul M. Aurelius Cotta, was appointed
governor of Bithynia, bequeathed by Nicomedes to the
Roman people, and charged, with Lucullus, to oppose the new invasions of
Mithridates. Cotta, beaten by land and sea near Chalcedon, was reduced to great
straits, and Mithridates was advancing against Cyzicus, an allied town, which
Lucullus afterwards relieved. On another side, Eumachius,
a lieutenant of the King of Pontus, ravaged Phrygia, where he massacred all the
Romans, and seized several of the southern provinces of Asia Minor. The rumors
of war, the perils into which the allies were falling, took Caesar from his
studies. He went over into Asia, levied troops on his own authority, drove out
from the province the king’s governor, and kept in allegiance towns whose faith
was doubtful or shaken.
CAESAR PONTIFF AND MILITARY TRIBUNE (680-684).
Whilst he was making war on the coasts of Asia, his
friends at Rome did not forget him; and, seeing clearly the importance of
Caesar’s being clothed with a sacred character, they nominated him pontiff, in
the place of his uncle, L. Aurelius Cotta, consul in 680, who had died suddenly
in Gaul the following year.
This circumstance obliged him to return to Rome. The
sea continued to swarm with pirates, who must necessarily owe him a grudge for
the death of their comrades. The better to escape them he crossed the Adriatic
in a boat of four oars, accompanied only by two friends and ten slaves. In the
passage, thinking that he saw sails in the horizon, he seized his sword,
resolved to sell his life dearly; but his fears were not justified, and he
landed safe and sound in Italy.
Immediately on his return to Rome he was elected
military tribune, and succeeded by a large majority over his rival C. Popilius. This already elevated rank, since it gave him the
command of about a thousand men, was the first step which the young nobility
easily attained, either by election or by the choice of the generals. Caesar
does not seem to have profited by his new position to take part in the
important wars in which the Republic was then engaged. And yet the clang of
arms echoed from all quarters.
In Spain, Sertorius successfully continued the war
begun in 674 against the lieutenants of Sylla. Joined in 677 by Perpenna at the
head of thirty cohorts he had got together a formidable army, bravely
maintained the standard of Marius, and given the name of Senate to an
assemblage of 300 Romans. Vanquisher of Metellus for
several years, Sertorius, gifted with a vast military genius, exercising great
influence over the Celtiberians and Lusitanians, and master of the passes was
dreaming of crossing the Alps. The Spaniards had already given him the name of
a second Hannibal. But Pompey, sent in all haste to Spain, re-enforced the army
of Metellus, deprived Sertorius of all hope of
penetrating into Italy, and even drove him far back from the Pyrenees. The
united efforts of the two generals, however, did not effect the subjugation of Spain, which, since 680, had been entirely reconquered by
Sertorius. But soon after this, his lieutenants experiencing reverses,
desertion began among his soldiers, and he himself lost his confidence. Yet he
would have resisted for a long time still, had not Perpenna caused him to be
assassinated by an infamous act of treachery. This murder did not profit its
author. Though Perpenna succeeded Sertorius in the command of the troops, he
found himself an object of their hatred and contempt. Soon, defeated and taken
prisoner by Pompey, he was put to death. Thus ended the war in Spain in 682.
In Asia, Lucullus successfully pursued the campaign
against Mithridates, who courageously maintained the struggle, and had even
been able to come to an understanding with Sertorius. Lucullus beat him in
Cappadocia (683), and forced him to take refuge with Tigranes, his son-in-law,
King of Armenia, who soon experienced a sanguinary defeat, and lost his
capital, Tigrano- certa.
In the East, the barbarians infested the frontiers of Macdonia, the pirates of Cilicia sailed from end to end of
all the seas with impunity, and the Cretans flew to arms to defend their
independence.
Italy was torn by the Servile war This disinherited
class had risen up anew, despite the bloody repression of the Sicilian
insurrection from 620 to 623. It had acquired the knowledge of its strength,
chiefly from the circumstance that each party in the civil troubles had by
turns granted its liberty to increase the number of its respective adherents.
In 681, seventy gladiators, kept at Capua, revolted; their chief was Spartacus,
formerly a soldier, made prisoner, then sold as a slave. In less than a year
his band had so much increased that consular armies were needed to combat him,
and, having gained a victory in Picenum, for a moment he had entertained the
thought of marching upon Rome at the head of 40,000 men. Nevertheless, forced
to withdraw to the south of Italy, he contended against the Roman forces
successfully for two years, when at last, in 683, Licinius Crassus, at the head
of eight legions, conquered him in Apulia. Spartacus perished in the fight; the
remainder of the army of slaves separated into four bodies, one of which,
retiring towards Gaul, was easily dispersed by Pompey, who was returning from
Spain. The 6,000 prisoners taken in the battle fought in Apulia were hanged all
along the road from Capua to Rome.
Occasions for making himself perfect in the art of war
were not wanting to Caesar, but we can understand his inaction; for Sylla’s partisans alone were at the head of the armies: in
Spain, Metellus and Pompey—the first the
brother-in-law of the dictator, the second formerly his best lieutenant; in Italy,
Crassus, the enemy of Caesar, equally devoted to the party of Sylla; in Asia,
Lucullus, an old friend of the dictator, who had dedicated his “Memoirs” to
him. Caesar, then, found everywhere either a cause he would not defend, or a
general under whom he would not serve. In Spain, however, Sertorius represented
the party he would most willingly have embraced; but Caesar had a horror of
civil wars. Whilst faithful to his convictions, he seems, in the first years of
his career, to have carefully avoided placing between him and his adversaries
that eternal bander which forever separates the children of the same country,
after blood has once been shed. He had it at heart to be able, in his exalted
future, to appeal to a past pure from all violence, so that, instead of being
the man of a party, he might rally round him all good citizens.
The Republic had triumphed everywhere, but she had yet
to reckon with her conquering generals; she found herself in the presence of
Crassus and Pompey, who, proud of their successes, advanced upon Rome at the
head of their armies, to demand or seize the chief power. The Senate could be
but little at ease as to the intentions of the latter, who, not long before,
had sent an insolent letter from Spain, in which he menaced his country with
the sword, unless they sent him the supplies necessary to carry on the war
against Sertorius. The same ambition animated Pompey and Crassus; neither of
the two would be the first to disband his army; each, indeed, brought his own
to the gates of the city. Both were elected consuls, allowed a triumph, and
forced by the augurs and public opinion to be reconciled together; and they
held out their hands to each other, disbanded their troops, and for some time
the Republic recovered an unexpected calm.
CHAPTER II
(684-691).
STATE OF THE REPUBLIC (684).
When Pompey and Crassus came to the consulship, Italy
had been a prey to intestine convulsions for sixty-three years. But,
notwithstanding the repose which society demanded, and which the reconciliation
of the two rivals seemed to promise, many opposing passions and interests still
seethed in her bosom.
Sylla believed he had re-established the Republic on
its ancient basis, but, instead, he had thrown every thing into disorder. The property, the life even of each citizen, was at the mercy of
the stronger; the people had lost the right of appeal, and their legitimate
share in the elections; the poor, the distribution of wheat; the tribuneship,
its secular privileges; and the influential order of the knights, their
political and financial importance.
At Rome, no more guarantee for justice; in Italy no
more security for the rights of citizenship, so dearly acquired; in the
provinces, no more consideration for subjects and allies. Sylla had restored
their prerogatives to the upper class, without being able to restore their
former prestige; having made use of only corrupt elements, and appealed to only
sordid passions, he left behind him a powerless oligarchy, and a thoroughly
distracted people. The country was divided between those whom his tyranny had
enriched, and those whom it had despoiled; the one fearing to lose what they
had just acquired, the other hoping to regain what they had lost.
The aristocracy, proud of their wealth and ancestry,
absorbed in all the pleasures of luxury, kept the new men out of the highest
offices, and, by long continuance of power, had come to look on the chief
magistracies as their property. Cato, in a discourse to the Senate, exclaimed
: “Instead of the virtues of our ancestors, we have luxury and avarice;
the poverty of the State, and the opulence of individuals; we boast of our
riches, we cherish idleness; no distinction is made between the good and the
wicked; all rewards due to merit are the price of intrigue. Why then are we
astonished at this, since each man, isolating himself from the rest, consults
only his own interest? At home, the slaves of pleasure; here, of wealth or of
favor.”
The elections had for a long time been the result of a
shameless traffic, where every means of success was allowable. Lucullus
himself, to obtain the government of Asia, did not blush to have recourse to
the good offices of a courtesan, the mistress of Cethegus.
The sale of consciences had so planted itself in public morals, that the
several instruments of electoral corruption had functions and titles almost
recognized. Those who bought votes were called divisores;
the go-betweens were interpreter; and those with whom was deposited the purchasemoney were sequestres.
Numerous secret societies were formed for making a trade of the right of
suffrage; they were divided into decuries, the several heads of which
obeyed a supreme head, who treated with the candidates and sold the votes of
the associates, either for money, or on the stipulation of certain advantages
for himself or his friends. These societies carried most of the elections, and
Cicero himself, who so often boasted of the unanimity with which he had been
chosen consul, owed to them a great part of the suffrages he obtained.
All the sentences of the tribunals composed of
senators were dictated by a venality so flagrant, that Cicero brands, it in
these terms: “I will demonstrate by positive proofs the guilty intrigues,
the infamies which have sullied the judicial powers for the ten years that they
have been intrusted to the Senate. The Roman people
shall learn from me how the knightly order has administered justice for nearly
fifty consecutive years, without the faintest suspicion resting on any of its
members of having received money for a judgment delivered; how, since senators
alone have composed our tribunals, since the people have been despoiled of the
right which they had over each of us, Q. Calidius has
been able to say, after his condemnation, that they could not honestly require
less than 300,000 sestertii to condemn a praetor; how, when the Senator P.
Septimius was found guilty of embezzlement before the Praetor Hortensius, the money he had received in his quality of
judge was included in his fine; how C. Herennius and
C. Popilius, both senators, having been convicted of
the crime of peculation, and M. Atilius of the crime of high treason, it was
proved that they had received money as the price of one of their sentences ;
how it was found that certain senators, when their names were taken from the
urn held by C. Verres, then praetor urbanus,
instantly went to. vote against the accused, without having heard the suit;
how, finally, we have seen a senator, judge in this same suit, receive money
from the accused to distribute to the other judges, and money from the accuser
to condemn the accused. Can I, then, sufficiently deplore this blot, this
shame, this calamity which weighs on the whole order.
“In these later
years, the men who make a trade of intriguing in elections have been enabled,
by diligence and address, to obtain from the citizens of their tribe all that
they chose to demand. Endeavor, by any means you will, to make these men serve
you sincerely and with the steadfast will to succeed. You would obtain it, if
men were as grateful as they ought to be ; and you will obtain it, I am afraid,
since, for two years, four societies of those most influential in
elections—those of Marcus Fundanius, Quintus Gallius, Gaius Cornelius, and Gaius Orcivius—have
engaged themselves for you. I was present when the causes of these men were intrusted to you, and I know what was promised to you, and
what guarantees have been given to you by their associates.”
Notwithstanding the severity of the laws against the
avidity of the generals and farmers of the revenues, notwithstanding the
patronage of the great at Rome, the conquered peoples were always a prey to the
exactions of the magistrates, and Verves was a type of the most shameless
immorality, which drew this exclamation from Cicero: “All the provinces groan;
all free peoples lament; all the kingdoms cry out against our cupidity and our
violence. There is not between the ocean and ourselves a spot so remote or so
little known that the injustice and tyranny of our fellow-citizens of these
days have not penetrated to it.
“We may judge, by the sufferings of our own
fellow-citizens, of what the inhabitants of the provinces have to endure from
the public farmers (publicani). When several
tolls were suppressed in Italy, remonstrances were made not so much against the
principle of taxation as against abuses in levying it, and the cries of the
Romans on the soil of the country tell only too plainly what must be the fate
of the allies at the extremity of the empire.”
The inhabitants of foreign countries were obliged to
borrow, either to satisfy the immoderate demands of their governors and their
retinue, or to pay the farmers of the public revenues. Now, capital being
nowhere but at Rome, they could only procure it at an excessive rate of
interest; and the nobles, giving themselves up to usury, held the provinces in
their power.
The army itself had been demoralized by civil wars,
and the chiefs no longer maintained discipline.
“Flamininus, Aquilius, Paulus Emilius,” says Dio Cassius, “commanded men well disciplined, who had
learnt to execute the orders of their generals in silence. The law was their
rule; with a royal soul, simple in life, bounding their expenses within
reasonable limits, they held it more shameful to flatter the soldiery than to
fear the enemy. From the time of Sylla, on the contrary, the generals raised to
the first rank by violence and not by merit, forced to turn their arms against
each other rather than against the enemy, were reduced to court popularity.
Charged with the command, they Squandered gold to procure enjoyments for an
army, the fatigues of which they paid dearly; they rendered their country
venal, without caring for it; and made themselves the slaves of the most
depraved men, to bring under their authority those who were worth more than
themselves. This is what drove Marius out of Rome, and led him back against
Sylla; this is what made Cinna the murderer of Octavius, and Fimbria the
murderer of Flaccus. Sylla was the principal cause of
these evils, he who, to seduce the soldiers enrolled under other chiefs, and
bring them under his own flag, scattered gold in handfuls among his army.”
Far were they from the times when the soldier, after a
short campaign, laid down his arms to take up the plough again; since then,
retained under his standard for long years, and returning in the train of a
victorious general to vote in the Campus Martius, the citizen had disappeared;
there remained the warrior, with the sole inspiration of the camp. At the end
of the expeditions the army was disbanded, and Italy thus found itself overrun
with an immense number of veterans, united in colonies or dispersed over the
territory, more inclined to follow a leader than to obey the law. The veterans
of the ancient legions of Marius and Sylla were to be counted by hundreds of
thousands.
A state, moreover, is often weakened by an
exaggeration of the principle on which it rests; and as war was the chief
occupation at Rome, all the institutions had originally a military character.
The consuls, the first magistrates of the Republic, elected by centuries—that
is to say, by the people voting under arms—commanded the troops. The army,
composed of all there was most honorable in the nation, did not take an oath to
the Republic, but to the chief who recruited it and led it against the enemy;
this oath, religiously kept, rendered the generals the absolute masters of
their soldiers, who, in their turn, decreed to them the title of Imperator
after a victory: what more natural, then, even after the transformation of
society, than that these soldiers should believe themselves the real people and
the generals elected by them the legitimate chiefs of the Republic? Every abuse
has deep roots in the past, and we may find the original cause of the power of
the praetorians under the emperors in the primitive organization and functions
of the centuries established by Servius Tullius.
Although the army had not as yet acquired this
preponderance, it nevertheless weighed heavily on the decisions of the Forum.
By the side of men habituated to the noble chances of the fight existed a true
army of turbulence, kept at the expense of the State or of private persons, in
the principal towns of Italy—above all, at Capua: these were the gladiators,
ever ready to undertake any thing for those who paid them, either in the
electoral contests or as soldiers in the times of civil war.
Thus all was struck with decadence. Brute force
bestowed power, and corruption the magistracies. The empire no longer belonged
to the Senate, but to the commanders of the armies; the armies no longer
belonged to the Republic, but to the chiefs who led them to victory. Numerous
elements of dissolution afflicted society: the venality of the judges, the
traffic in elections, the absolutism of the Senate, the tyranny of wealth,
which oppressed the poor by usury, and braved the law with impunity.
Rome found herself divided into two thoroughly
distinct parties : the one, seeing salvation only in the past, attached itself
to abuses, in the fear that to displace one stone would be to shatter the whole
edifice; the other wished to consolidate it by rendering the base larger and
the summit less unsteady. The first party supported itself on the institutions
of Sylla; the second had taken the name of Marius as the symbol of its hopes.
Great causes need an historical figure to personify
their interests and tendencies. The man once adopted, his faults, his very
crimes are forgotten, and his great deeds alone remembered. Thus, the vengeance
and massacres of Marius had faded away from memory at Rome. Only his victories,
which had preserved Italy from the invasions of the Cimbri and the Teutones,
were recalled; his misfortunes were pitied, his hatred to the aristocracy
vaunted. The preferences of public opinion were clearly manifested by the
language of the orators, even those most favorable to the Senate. Thus Catulus and Cicero, speaking of Sylla or of Marius, the
tyranny of both of whom had been substantially almost equally cruel, thought
themselves obliged to glorify the one and to brand the other; yet the
legislation of Sylla was still in full vigor, his party omnipotent—that of
Marius dispersed and powerless.
The struggle which was perseveringly continued for
sixty-three years against the Senate had never succeeded, because the defence of the people had never been placed in hands either
sufficiently strong or sufficiently pure. To the Gracchi had been wanting an
army; to Marius a power less disgraced by excesses; to the war of the allies a
character less hostile to the national unity of which Rome was the
representative. As to Spartacus, by rousing the slaves he went beyond his aim,
and his success threatened the whole of society; he was annihilated'. To
triumph over a long accumulation of prejudices, the popular cause needed a
chief of transcendant merit, and a concurrence of
circumstances difficult to foresee. But then the. genius of Caesar was not yet
revealed, and the vanquisher of Sertorius was the only one who dominated the
situation by his antecedents and high achievements.
CONSULSHIP OF POMPEY AND CRASSUS.
By a line of conduct quite opposite to that of Caesar,
Pompey had greatly risen during the civil wars. From the age of twenty-three he
had received from Sylla the title of Imperator, and the name of “Great”; he
passed for the first warrior of his time, and had distinguished himself in
Italy, Sicily, and Africa against the partisans of Marius, whom he caused to be
pitilessly massacred.
Pompey slew Carbo, Perpenna, and Brutus, the father of
the assassin of Caesar, who had yielded themselves to him: the first had
protected his youth and saved his patrimony.
Fate had ever favored Pompey. In Spain, the death of
Sertorius had made victory easy to him; on his return, the fortuitous defeat of
the fugitive remains of the army of Spartacus allowed him to assume the honor
of having put an end to that formidable insurrection; soon he will profit by
the success already obtained by Lucullus against Mithridates. Thus a
distinguished writer has justly said that Pompey always came in time to
terminate, to his own glory, the wars which were just going to end to the glory
of another.
The vulgar, who hail good fortune as the equal of
genius, surrounded then the conqueror of Spain with their homage, and he himself,
of a poor and vain spirit, referred the favors of fortune to his own sole
merit. Seeking power for ornament rather than service, he courted it not in the
hope of making a cause or a principle triumphant, but to enjoy it peaceably by
trimming between different parties. Thus, whilst to Caesar power was a means,
to him it was only the end. Honest, but vacillating, he was unconsciously the
instrument of those who flattered him. His courteous manners, and the show of
disinterestedness which disguised his ambition, removed all suspicions of his
aspiring to the supreme power. An able general in ordinary times, he was great
only while events were not greater than he. Nevertheless, he then enjoyed the
highest reputation at Rome. By his antecedents he was rather the representative
of the party of the aristocracy; but the desire of conciliating public favor,
and his own intelligence, made him comprehend the necessity of certain
modifications in the laws: thus, before entering Rome to celebrate his triumph
over the Celtiberians, he manifested the intention of re-establishing the
prerogative of the tribunes, of putting an end to the devastation and
oppression of the provinces, of restoring impartiality to justice, and respect
to the judges.
At last when Pompey, haranguing the people for the
first time at the gates of the city, in his capacity of consul designate, came
to treat of the matter which seemed to have been most ardently expected, and
let it be understood that he would re-establish the power of the tribunes, he
was received with applause, and a slight murmur of assent; but when he added
that the provinces were devastated and oppressed, the tribunals disgraced, the
judges without shame, and that he wished to be watchful of these abuses, and to
restore good order, then it was not by a simple murmur, but by unanimous
acclamations, that the people testified their desires. He was then consul elect; his promises excited
the most lively enthusiasm; for it was the evil administration of the
provinces, and the venality of the senators in their judicial functions, which
more than all else made the people demand so ardently the re-establishment of
the privileges of the tribuneship, notwithstanding the abuses which they had
engendered. Excesses in power always give birth to an immoderate desire for
liberty.
Catulus, when asked his opinion on the re-establishment of the tribunary power, began in these authoritative words: “The
conscript fathers administer justice evilly and scandalously; and if, in the
tribunals, they had but answered the expectations of the Roman people, the
power of the tribunes would not have been so warmly regretted.”
In publishing the programme of his conduct, of his own free will, before entering Rome, Pompey did not
yield to a fascination cleverly exerted over him by Caesar, as several
historians pretend; he obeyed a stronger impulse, that of public opinion. The
nobles reproached him with having abandoned their cause, but the popular party
was satisfied, and Caesar, seeing the new consul take his ideas and sentiments
to heart, resolved to support him energetically. Doubtless, he thought that
with so many elements of corruption, so much contempt of the laws, so many
jealous rivalries, and so much boundless ambition, the ascendancy . of him whom
fortune had raised so high could alone, for the time, assist the destinies of
the Republic. Was this a loyal cooperation? We believe so; but it did not
exclude a noble rivalry, and Caesar could not be afraid of smoothing for Pompey,
the platform on which they must one day meet. The man who understands his own
worth has no perfidious jealousy against those who have preceded him in his
career; rather, he goes to, their aid, for then he has more glory in rejoining
them. Where, would be the emulation of the contest if one was alone in the
power of attaining the end?
Pompey’s colleague was M. Licinius Crassus. This
remarkable, man, as we have seen, had distinguished himself as a general; but
his influence was owing rather to his wealth and his amiable and courteous
disposition. Enriched under Sylla by purchasing the property of the proscribed,
he possessed whole quarters of the city of Rome, rebuilt after several fires;
and he pretended that to be rich one must be able to maintain an army at his
own expense. Though his chief passion was the love of gold, avarice did not
with him exclude liberality. He lent to all his friends without interest, and
sometimes scattered his largesses with profusion.
Versed in letters, gifted with a rare eloquence, he accepted eagerly all the
causes which Pompey, Caesar, and Cicero disdained to defend; by his eagerness
to oblige all those who claimed his services, either to borrow, or to obtain
some situation, he acquired a power which balanced that of Pompey. This last
had accomplished greater deeds, but his airs of grandeur and dignity, his habit
of avoiding crowds and sights, alienated the multitude from him; while Crassus,
of easy access, always in the midst of the public and of business, had the advantage
over him by his affable manners. We do not find very defined principles in him,
either in political or private life; he was neither a constant friend nor an
irreconcilable enemy. Fitter to serve as an instrument for the elevation of
another, than to elevate himself to the first rank, he was very useful to
Caesar, who did his best to gain his confidence. “There existed then at Rome,”
says Plutarch, “three factions, the chiefs of which were Pompey, Caesar, and
Crassus; Cato, whose power did not equal his glory, was more admired than
followed. The wise and moderate part of the citizens were for Pompey;
energetic, speculative, and bold men attached themselves to the hopes of
Caesar; Crassus, who held the mean between these two factions, used both.”
During his first consulship, Crassus seems to have
been only occupied with extravagant expenditure, and to have preserved a
prudent neutrality. He made a grand sacrifice to Hercules, and consecrated to
him the tenth part of his revenues; he gave the people an enormous feast,
spread out on ten thousand tables, and bestowed corn for three months to every
citizen.
Pompey occupied himself in more serious matters, and,
supported by Caesar, favored the adoption of several laws, all of which
announced a reaction against the system of Sylla.
The effect of the first was to give the tribunes the
right anew of presenting laws and appealing to the people; already, in 679, the
power of obtaining other magistracies had been restored to them.
The second was connected with justice. Instead of
leaving to the Senate alone the whole judicial power, the Praetor Aurelius
Cotta, Caesar’s uncle, proposed a law which would conciliate all interests, by
mating it legal to take the judges by thirds from the three classes; that is to
say, from the Senate, the equestrian order, and the tribunes of the treasury,
who were for the most part plebeians .
But the measure which most helped to heal the wounds
of the Republic was the amnesty proposed by the Tribune Plotius in favor of all those who had taken part in the civil war. In this number was
comprised the wreck of the army of Lepidus, which had remained in Spain after
the defeat of Sertorius, and amongst which was to be found C. Cornelius Cinna,
brother-in-law of Caesar. This last, in speeches which have not come down to
us, but which are quoted by different authors, spared nothing to assure among
the people the success of the proposition. “He insisted on the propriety of
deciding promptly on this measure of reconciliation, and observed that there could
not be a more opportune moment for its adoption.” It was adopted without
difficulty. All seemed to favor a return to the old institutions. The
censorship, interrupted for seventeen years, was re-established, and L. Gellius and C. Lentulus, the
censors chosen, exercised their office with so much severity, that they
expelled from the Senate sixty-four of its members, probably creatures of
Sylla. In the number of those expelled figured Caius Antonius, previously accused
by Caesar, and Publius Lentulus Sura, consul in the
year 683.
All these changes had been proposed or accepted by
Pompey rather to please the multitude than to obey distinct convictions. And by
them he lost his true supporters in the upper classes, without gaining, in the
opposite party, the foremost place, already occupied by Caesar. But Pompey,
blind to real worth, imagined then that no one could surpass him in influence;
always favored by circumstances, he had been accustomed to see both the
arrogance of Sylla and the majesty of the laws yield before him.
Notwithstanding a first refusal by the dictator, at twenty-six years of age he
had obtained the honors of the triumph, without having fulfilled any of the
legal conditions. Contrary to the laws, a second triumph had been accorded him,
as also the consulship, though out of Rome, and without having followed the
necessary order of hierarchy of the magistracies. Full of presumption through
the examples of the past, full of confidence in the future through the
adulation of the present, he thought he might wound the interests of the nobles
without alienating them, and flatter the tastes and passions of the people
without losing his dignity. Towards the end of his consulship, he, the chief
magistrate of the Republic, he, who thought himself above all others, presented
himself as a mere soldier at the annual review of the knights. The momentary
effect was immense when the censors, seated on their tribunal, saw Pompey
traversing the crowd, preceded by all the pomp of the consular power, and
leading before them his horse, which he held by the bridle. The crowd, silent
till then, burst out into transports of joy, overcome with admiration at the
sight of so great a man glorifying himself for being a simple knight, and
modestly submitting himself to the legal forms. But on the demand of the
censors if he had made all the campaigns required by law, he answered, “Yes, I
have made them all, never having had any other general than myself”. The
ostentation of this reply shows that this step of Pompey’s was a false modesty,
the most insupportable form of pride, according to the expression of Marcus
Aurelius.
CAESAR QUESTOR (686).
Neither did Caesar disdain ceremonial; but he sought To
give it a significance which should make an impression upon the mind. The
opportunity soon presented itself. Soon after he was nominated questor and
admitted to the Senate, he lost his aunt Julia and his wife Cornelia, and
hastened to make a veritable political manifestation of their funeral oration.
It was the custom at Rome to pronounce a eulogy on women only when they died at
an advanced age. Caesar obtained public approbation by departing from this
usage in favor of his young wife; they saw in it, according to Plutarch, a
proof of sensibility and softness of manners; but they applauded not the family
sentiment only, they glorified much more the inspiration of the politician who
dared to make a panegyric on the husband of Julia, the celebrated Marius, whose
image, in wax, carried by' Caesar’s orders in the funeral procession,
reappeared for the first time since the proscription of Sylla.
After having rendered these last honors to his wife,
he accompanied, in the capacity of questor, the Praetor Antistius Vetus, sent into Ulterior Spain.The peninsula was then divided into two great provinces: Citerior Spain, since called Tarraconensis, and Ulterior
Spain, comprising Baetica and Lusitania. The positive
limits, we may well believe, were not very exactly determined, but at this epoch the Saltus Castulonensis, which corresponds with the Sierras Nevada
and Cazorla, was considered as such between these two provinces. To the north,
the limitation could not be made any more distinct, the Asturias not being
thoroughly conquered. The capitaL of Ulterior Spain
was Corduba (Cordova), where the praetor resided.
The chief towns, doubtless connected by military
roads, formed so many centres of general meeting,
where assizes for the regulation of business were held. These meetings were
called conventus civium Romanorum, because the members who composed them were Roman citizens
dwelling in the country. The praetor, or his delegate, presided over them once
a year. Each province in Spain had several of them. In the first century of our
era, there were three for Lusitania and four for Baetica.
Caesar, the delegate of the praetor, visited these
towns, presiding over the assemblies and administering justice. He was noted
for his spirit of conciliation and equity, and showed a lively solicitude for
the interests of the Spaniards. As the
character of illustrious men is revealed in their smallest actions, it is not a
matter of indifference to mention the gratitude which Caesar always had for the
good offices of Vetus. Plutarch informs us that a
strict union reigned between them ever after, and Caesar took care to name the
son of Vetus questor, when he himself was raised to
the praetorship, as sensible of friendship as he was later forgetful of
injuries.
Yet the love of glory and the consciousness of his
high faculties made him aspire to a more important part. He manifested his
impatient desire for this one day when he went to visit the famous temple of
Hercules at Gades, as Hannibal and Scipio had done
before. At the sight of the statue of Alexander, he deplored with a sigh that
he had done nothing at the age when this great man had conquered the whole,
world. In fact, Caesar was then thirty-two years old, nearly the age at which
Alexander died. Having obtained his recall to Rome, he stopped on his return in
Gallia Transpadana (687). The colonies founded in
this country possessed the Latin law (jus Latii),
which Pompeius Strabo had granted them, but they vainly demanded the rights of
Roman. city. The presence of Caesar, already known for his friendly feelings
towards the provinces, excited a lively emotion among the inhabitants, who saw
in him the representative of their interests and their cause. The enthusiasm
was such that the Senate, terrified, thought itself obliged to retain for some
time longer in Italy the legions destined for the army in Asia.
The ascendancy of Pompey still continued, though,
since his consulship, he had remained without command, having undertaken, in
684, not to accept the government of any province at the expiration of his
magistracy; but his popularity began to disquiet the Senate, so much is it in
the very essence of the aristocracy to distrust those who raise themselves, and
extend their powers beyond itself. This was an additional motive for Caesar to
connect himself more closely with Pompey, whereupon he backed him with all his
influence; and either to cement this alliance, or because of his inclination
for a beautiful and graceful woman, shortly after his return he married Pompeia, the kinswoman of Pompey, and grand-daughter of
Sylla. He was thus, at one and the same time, the arbiter of elegance, the hope
of the democratic party, and the only public man whose opinions and conduct had
never varied.
THE GABINIAN LAW (687).
The decadence of a political body is evident, when the
measures, most useful to the glory of a country, instead of arising from its
provident initiative, are inaugurated by obscure and often disreputable men,
the faithful but dishonored organs of public opinion. Thus the propositions
made at this epoch, far from being inspired by the Senate, were put forward by
uninfluential individuals, and carried by the violent attitude of the people.
The first referred to the pirates, who, upheld and encouraged by Mithridates,
had long infested the seas, and ravaged all the coasts; an energetic repression
was indispensable. These bold adventurers, whose number the civil wars had
greatly increased, had become a veritable power. Setting out from Cilicia,
their common centre, they armed whole fleets, and
found a refuge in important towns. They had pillaged the much frequented port
of Caieta (Gaeta), dared to land at Ostia, and carry
off the inhabitants to slavery; sunk in midseas a
Roman fleet under the orders of a consul, and made two praetors prisoners. Not
only strangers deputed to Rome, but the ambassadors of the Republic, had fallen
into their hands, and had undergone the shame of being ransomed. Finally, the
pirates intercepted the imports of wheat indispensable for the feeding of the
city. To remedy so humiliating a state of things, the tribune of the people, Aulus Gabinius, proposed to confide the war against the
pirates to one sole general; to give him, for three years, extended powers,
large forces, and to place three lieutenants under his orders. The assembly of
the people instantly accepted this proposition, notwithstanding the small
esteem in which the character of its author was held; and the name of Pompey
was in every mouth; but “the senators,” says Dio Cassius, “would have preferred to suffer the greatest evils from the pirates,
than to have invested Pompey with such a power”; they were ready to put to
death, in the curia itself, the tribune who was the author of the motion.
Scarcely had the multitude heard of the opposition of the senators, when they
flocked in crowds, invaded the place of meeting, and would have massacred them,
had they not been protected from their fury.
This projected law, submitted to the suffrages of the
people, attacked by Catulus and Q. Hortensius, energetically supported by Caesar, is then
adopted; and they confer on Pompey, for three years, the proconsular authority
over all the seas, over all the coasts, and for fifty miles into the interior;
they grant him 6,000 talents, twenty-five lieutenants, and the power of taking
such vessels and troops as he should judge necessary. The allies, foreigners,
and the provinces, were called on to concur in this expedition. They equipped
five hundred ships, they levied a hundred and twenty thousand infantry and five
thousand horse. The Senate, in spite of itself, sanctioned the clauses of this law,
the utility of which was so manifest that its publication alone was sufficient
to lower the price of wheat all through Italy.
Pompey adopted an able plan for putting an end to
piracy. He divided the Mediterranean coasts, from the Columns of Hercules to
the Hellespont and the southern shores of the Black Sea, into ten separate
commands; at the head of each he placed one of his lieutenants. He himself,
retaining the general surveillance, went to Cilicia with the rest of his
forces. This vast plan protected all the shores, left the pirates no refuge,
and enabled him to destroy their fleet and attack them in their dens at once.
In three months Pompey re-established the safety of the seas, took a thousand
castles or strongholds, destroyed three hundred towns, took eight hundred
ships, and made twenty thousand prisoners, whom he transferred into the
interior of' Asia, where he employed them building a city, which received the
name of Pompeiopolis.
THE MANILIAN LAW (688).
At these tidings, the enthusiasm for Pompey, then in
the island of Crete, redoubled, and they talked of placing in his hands the
fate of another war. Although Lucullus had obtained brilliant successes over
Mithridates and Tigranes, his military position in Asia began to be
compromised. He had experienced reverses; insubordination reigned among his
soldiers; his severity excited their complaints; and the news of the arrival of
the two proconsuls from Cilicia, Acilius Glabrio and Marcius Rex, sent to command a part of the
provinces until then under his orders, had weakened respect for his authority.
These circumstances determined Manilius, tribune of
the people, to propose that the government of the provinces trusted to Lucullus
should be given to Pompey, joining to them Bithynia, and preserving to him the
power which he already exercised over all the seas. “It was,” says Plutarch,
“to submit the whole Roman empire to one sole man, and to deprive Lucullus of
the fruits of his victories.” Never, indeed, had such power been confided to
any citizen, neither to the first Scipio to ruin Carthage, nor to the second to
destroy Numantia. The people grew more and more
accustomed to regard this concentration of power in one hand as the only means
of salvation. The Senate, taxing these proposals with ingratitude, combated
them with all its strength; Hortensius asserted that
if all the authority was to be trusted to one man, no person was more worthy of
it than Pompey, but that so much authority ought not to be centred in one person. Catulus cried that they had done with
liberty, and that henceforth, to enjoy this, they would be forced to retire to
the woods and mountains. Cicero, on the contrary, inaugurated his entry into
the Senate by a magnificent oration, which has been preserved to us; he showed
that it was for the best interest of the Republic to give the conduct of this
war to a captain whose noble deeds in the past, and whose moderation and
integrity, vouched for the future. “So many other generals,” he said, at the
close, “ proceed on an expedition only with the hope of enriching themselves.
Can those who think we .ought not to grant all these powers to one man alone
ignore this, and do we not see that what renders Pompey so great is not only
his own virtues, but the vices of others?” As to Caesar, he seconded with all
his power the efforts of Cicero for the adoption of the law, which, supported
by public feeling, and submitted to the suffrage of the tribes, was adopted
unanimously.
Certainly, Lucullus had deserved well of his country,
and it was cruel to deprive him of the glory of terminating a war which he had
prosperously begun; but the definitive success of the campaign demanded his
substitution, and the instinct of the people did not deceive them. Often, in
difficult cases, they see more clearly than an assembly preoccupied with the
interests of castes or of persons, and events soon show that they are right.
Lucullus had announced at Rome the end of the war; yet
Mithridates was far from being conquered. This fierce enemy of the Romans, who
had continued the struggle twenty-four years, and whom evil fortune had never
been able to discourage, would not treat, despite his sixty-four years and
recent reverses, save on conditions inadmissible by the Romans. The fame of
Pompey then was not useless against such an adversary. His ascendancy alone
could bring back discipline into the army and intimidate the enemy. In fact,
his presence was sufficient to reestablish order, and retain under their
standards the old soldiers who had obtained their discharge, and wished to
return to their homes; they formed the flower of the army, and were known under
the name of Valerians. On the other hand, Tigranes, having learned the arrival
of Pompey, abandoned the party of his father-in-law, declaring that this
general was the only one to whom he would submit, so much does the prestige of
one man, says Dio Cassius, lord it over that of
another.
Manilius then demanded the re-establishment of the law of Caius Gracchus, by
virtue of which the centuria praerogativa, instead of being drawn by lot from the
first classes of the tribes, was taken indiscriminately from all the classes,
which destroyed the distinctions of rank and fortune in the elections, and
deprived the richer of their electoral privileges.
We see that it was generally the tribunes of the
people who obeying the inspiration of greater men, took the initiative in the
more popular measures. But the major part, without disinterestedness or
moderation, often compromised those who had recourse to their services, by
their unruly ardor and subversive opinions. Manilius,
in 688, suddenly reopened a question which always created great agitation at
Rome; this was the political emancipation of the freedmen. He obtained, by a
surprise, the readoption of the law Sulpicia, which
gave a vote to the freedmen by distributing them among the thirty-five tribes,
and asserted that he had the consent of Crassus and Pompey. But the Senate
revoked the law sometime after its adoption, agreeing in this with the chiefs
of the popular party, who did not think it was demanded by public opinion.
CAESAR CURULE EDILE (689).
Whilst all the favors of fortune seemed to have
accumulated on the idol of the moment, Caesar, remaining at Rome, was chosen
inspector (curator) of the Appian Way (687). The maintenance of the
highways brought much popularity to those who undertook the charge with
disinterestedness; Caesar gained all the more by his, as he contributed largely
to the cost, and even compromised his own fortune thereby.
Two years afterwards (689), nominated curule edile with Bibulus, he displayed a magnificence which
excited the acclamations of the crowd, always greedy of sights. The place named Comitium, the Forum, the Basilicae,
the Capitol itself, were magnificently decorated. Temporary porticoes were
erected, under which were exposed a crowd of precious objects. These expenses
were not unusual: since the triumph of the Dictator Papirius Cursor, all the aediles were accustomed to contribute to the embellishment of
the Forum. Caesar celebrated with great pomp the Roman games and the feast of
Cybele, and gave the finest shows of wild beasts and gladiators yet beheld. The
number of the combatants amounted to three hundred and twenty couples,
according to Plutarch, a contemptuous expression, which proves the small
account made of the lives of these men. Cicero, writing to Atticus, speaks of
them as we in our day should speak of race-horses; and the grave Atticus
himself had gladiators, as had most of the great people of his time. “The gladiators
whom you have brought are a very fine acquisition. It is said that they are
well trained; and if you had wished to let them out on the last occasion, you
would have regained what they have cost you.” These bloody games, which seem so
inhuman to us, still preserved the religious character which at first they so
exclusively possessed; they were celebrated in honor of the dead; Caesar gave
them in honor of his father’s memory, and displayed in them an unwonted pomp.
The number of gladiators which he got together terrified the Senate, and for
the future it was forbidden to exceed a given number. Bibulus, his colleague,
it is true, bore half the expense; nevertheless, the public gave Caesar all the
merit of this sumptuous discharge of the duties of their office. Thus Bibulus
said, that he was like the temple of Castor and Pollux, which, dedicated to the
two brothers, was never called any thing but the
temple of Castor.
The nobles saw in the sumptuousness of these games
only a vain ostentation, a frivolous desire to shine; they congratulated
themselves on the prodigality of the edile, and
predicted in his near ruin a term to his influence; but Caesar, while spending
millions to amuse the multitude, did not make this fleeting enthusiasm the sole
basis of his popularity; he established this on more solid grounds, by
reawakening in the people the memories of glory and liberty.
Not content with having helped in several leading
measures, with having gained over Pompey to his opinions, and sought for the
first time to revive the memory of Marius, he wished to sound public opinion by
an astounding manifestation. At the moment when the splendor of his edileship had produced the most favorable impression on the
crowd, he secretly restored the trophies of Marius, formerly overturned by
Sylla, and ordered them to be placed in the Capitol during the night. The next
day, when they saw these images shining with gold, chiselled with infinite art, and adorned with inscriptions which recalled the victories
gained over Jugurtha, the Cimbri, and the Teutones, the nobles began to murmur,
blaming Caesar for having dared to revive seditious emblems and proscribed
remembrances; but the partisans of Marius flocked in large numbers to the
Capitol, making its sacred roof resound with their acclamations. Many shed
tears on seeing the venerated features of their old general, and proclaimed
Caesar the worthy successor of that great captain.
Uneasy at these demonstrations, the Senate assembled,
and Lutatius Catulus, whose
father had been one of the victims of Marius, accused Caesar of wishing to
overthrow the Republic, “no longer secretly, by undermining it, but openly, in
attacking it by breach.” Caesar repelled this attack, and his partisans,
delighted at his success, vied with each other in saying, “that he would carry
it over all his rivals, and with the help of the people would take the first
rank in the Republic”; Hence forth the popular party had a head.
The term of his edileship having expired, Caesar solicited the mission of transforming Egypt into a Roman
province. The matter in hand was the execution of the will of King Ptolemy Alexas, or Alexander, who, following the examples of other
kings, had left his state to the Roman peoples. But the will was revoked as
doubtful, and it seems that the Senate
shrank from taking possession of so rich a country, fearing, as did Augustus,
later, to make the proconsul who should govern it too powerful. The mission of
reducing Egypt to a Roman province was brilliant and fruitful. It would have
given to those who might be charged with it extensive military power, and the
disposal of large resources. Crassus also placed himself on the list, but after
long debates the Senate put an end to all rival pretensions.
“Augustus made it one, among other State maxims, to
sequester Egypt, forbidding the Roman knights and senators of the first rank
ever to go there without his permission. He feared that Italy might be famished
by the first ambitious person who should seize the province, where, holding the
keys of both land and sea, he might defend himself with very few soldiers
against great armies.”
About the same time, when Crassus was endeavoring to
get the inhabitants of Gallia Transpadana admitted to
the rights of Roman citizens, the tribune of the people, Caius Papius, caused to be adopted a law for the expulsion of all
foreigners from Rome. For, in their pride, the Romans thus called those who
were not Latins by origin. This measure would specially affect the Transpadanes, who were devoted to Caesar, because he had
formerly promised to procure, for them the title of citizen, which had been
refused. It was feared that they would get into the comitia, for, since the
emancipation of the Italiotes, it was difficult to distinguish among those who
had the right of voting, since often even slaves fraudulently participated in
the elections.
Cicero
protested: “You name me a foreigner, because I have come from a municipal town.
If you regard us as foreigners, although our name and rank were formerly well
established at Rome, and in public opinion, how much, then, must these
competitors be foreigners in your eyes, this elite of Italy, who come from all
parts to dispute with you magisstrateships and
honors?"
CAESAR JUDEX QUAESTIONIS (690).
Caesar soon recommenced the political struggle against
the still living instruments of past oppression, in which he had engaged at the
beginning of his career. He neglected no opportunity of calling down upon them
the rigors of justice or the opprobrium of public opinion.
The long duration of the civil troubles had given
birth to a class of malefactors called sicarii, who committed all sorts
of murders and robberies. In 674 SYLL1a had promulgated a severe edict against
them, which, however, excepted the executors of his vengeance in the pay of the
treasury. These last were exposed to public animadversion; and though Cato had
obtained the restitution of the sums allotted as the price of the heads of the
proscribed, no one had yet dared to bring them to justice. Caesar, notwithstanding
the law of Sylla, undertook their prosecution.
Under his presidency, in his capacity as judex quaestionis, L. Luscius, who,
by the dictator’s order, had slain three of the proscribed, and L. Bellienus, uncle of Catiline and murderer of Lucretius Ofella, were prosecuted and condemned. Catiline, accused,
at the instigation of L. Lucceius, orator and
historian, the friend of Caesar, of having slain the celebrated M. Marius Gratidianus, was acquitted.
CONSPIRACIES AGAINST THE SENATE (690).
Whilst Caesar endeavored to react legally against the
system of Sylla, another party, composed of the ambitious and discontented,
ruined by debt, had loNg sought to arrive at power by
plotting. Of this number had been, since 688, Cn. Piso,
P. Sylla, P. Autronius, and Catiline. These men, with
diverse antecedents and different qualities, were equally decried, yet they did
not want for adherents among the lower class, whose passions they flattered, or
among the upper class, to whose policy or enmity they were serviceable. P.
Sylla and Autronius, after having been made consuls
elect in 688, had been effaced from the senatorial list for solicitation.
Public report mixed up the names of Crassus and Caesar with these secret manoeuvres; but was it possible that these two men, in such
opposite positions, and even divided between themselves, should enter into an
understanding together for the sake of a vulgar plot; and was it not a new
inconsistency of calumny to associate in the same conspiracy Caesar because of
his immense debts, and Crassus because of his immense riches?
Let us remark, besides, that each of the factions then
in agitation necessarily sought to compromise, for the purpose of appropriating
to itself, such a personage as Caesar, notorious for his name, his generosity,
and his courage.
A matter which has remained obscure, but which then
made a great noise, shows the progress of the ideas of disorder. One of the
conspirators, Cn. Piso, had taken part in the attempt
to assassinate the Consuls Cotta and Torquatus; yet
he obtained, through the influence of Crassus, the post of quaestor pro praetore into Citerior Spain; the
Senate, either to get rid of him, or in the doubtful hope of finding in him
some support against Pompey, whose power began to appear formidable, consented
to grant him this province. But in 691, on his arrival in Spain, he was slain
by his escort—some say by the secret emissaries of Pompey. As to Catiline, he
was not the man to bend under the weight of the misfortunes of his friends, or
under his own losses; he employed new ardor in braving the perils of a
conspiracy, and in pursuing the honors of the consulship. He was the most
dangerous adversary the Senate had. Caesar supported this candidature. In a
spirit of opposition, he supported all that could hurt his enemies and favor a
change of system. Besides, all parties were constrained to deal with those who
enjoyed the popular favor. The nobles accepted as candidate C. Antonius Hybrida, a worthless man, capable only of selling himself
and of treachery. Cicero, in 690, had promised Catiline to defend him; and a year
before, the Consul Torquatus, one of the most
esteemed chiefs of the Senate, pleaded for the same individual accused of
embezzlement.
We thus see that the misfortunes of the times obliged
the most notable men to have dealings with those whose antecedents seemed to
devote them to contempt.
In times of transition, when a choice must be made
between a glorious past and an unknown future, the rock is, that bold and
unscrupulous men alone thrust themselves forward; others, more timid, and the
slaves of prejudices, remain in the shade, or offer some obstacle to the
movement which hurries away society into new ways. It is always a great evil
for a country, a prey to agitations, when the party of the honest, or that of
the good, as Cicero calls them, do not embrace the new ideas, to direct by
moderating them. Hence profound divisions. On the one side, unknown men often
take possession of the good or bad passions of the crowd; on the other, honorable
men, immovable or morose, oppose all progress, and by their obstinate
resistance excite legitimate impatience and lamentable violence. The opposition
of these last has the double inconvenience of leaving the way clear to those
who are less worthy than themselves, and of throwing doubts into the minds of
that floating mass, which judges parties much more by the honorableness of men
than by the value of ideas
What was then passing in Rome offers a striking
example of this. Was it not reasonable, in fact, that men should hesitate to
prefer a faction which had at its head such illustrious names as Hortensius, Catulus, Marcellus,
Lucullus, and Cato, to that which had for its mainstays individuals like
Gabinius, Manilius, Catiline, Vatinius, and Clodius? What more legitimate in the eyes of the
descendants of the ancient families than this resistance to all change, and
this disposition to consider all reform as Utopian and almost as sacrilege?
What more logical for them than to admire Cato’s firmness of soul, who, still
young, allowed himself to be menaced with death rather than admit the
possibility of becoming one day the defender of the cause of the allies
claiming the rights of Roman citizens? How not comprehend the sentiments of Catulus and Hortensius obstinately
defending the privileges of the aristocracy, and manifesting their fears at
this general inclination to concentrate all power in the hands of one
individual?
And yet the cause maintained by these men was
condemned to perish, as every thing which has had its
time. Notwithstanding their virtues, they were only an additional obstacle to
the steady march of civilization, because they wanted the qualities most
essential for a time of revolution—an appreciation of the wants of the moment,
and of the problems of the future. Instead of trying what they could save from
the shipwreck of the ancient regime, just breaking to pieces against a fearful
rock, the corruption of political morals, they refused to admit that the
institutions to which the Republic owed its grandeur could bring about its
decay. Terrified at all innovation, they confounded in the same anathema the
seditious enterprises of certain tribunes, and the just reclamations of the
citizens. But their influence was so considerable, and ideas consecrated by
time have so much empire over minds, that they would have yet hindered the
triumph of the popular cause, if Caesar, in putting himself at its head, had
not given it a new glory and an irresistible force. A party, like an army, can
only conquer with a chief worthy to command it; and all those who, since the
Gracchi, had unfurled the standard of reform, had sullied it with blood, and
compromised it by revolts. Caesar raised and purified it. To constitute his
party, it is true, he had recourse to agents but little estimated; the best
architect can build only with the materials under his hand; but his constant
endeavor was to associate to himself the most trustworthy men, and he spared no
effort to gain by turns Pompey, Crassus, Cicero, Servilius Caepio, Q. Fufius Calenus, Serv. Sulpicius, and many others.
In moments of transition, when the old system is at an
end, and the new not yet established, the greatest difficulty consists, not in
overcoming the obstacles which are in the way of the advent of a regime demanded
by the country, but to establish the latter solidly, by establishing it upon
the concurrence of honorable men penetrated with the new ideas, and steady in
their principles.
CHAPTER III
(691-695.)
CICERO AND ANTONIUS, CONSULS (691).
In the year 690, the candidates for the consulship
were Cicero, C. Antonius Hybrida, L. Cassius
Longinus, Q. Cornificius, C. Lucinius Sacerdos, P.
Sulpicius Gralba, and Catiline. Informed of the plots
so long in progress, the Senate determined to combat the conspiracies of the
last by throwing all the votes they could dispose of upon Cicero, who was thus
unanimously elected, and took possession of his office at the beginning of 691.
This choice made up for the mediocrity of his colleague Antonius.
The illustrious orator, whose eloquence had such
authority, was born at Arpinum, of obscure parents;
he had served sometime in the war of the allies; afterwards, his orations
acquired for him a great reputation, amongst others the defence of the young Roscius, whom the dictator would have despoiled of his paternal
heritage. After the death of Sylla, he was appointed quaestor and sent to
Sicily. In 684, he lashed with his implacable speech the atrocities of Verres;
at last, in 688, he obtained the praetorship, and displayed in this capacity
those sentiments of high probity and of justice which distinguished him
throughout his whole career. But the esteem of his fellow-citizens would not
have sufficed, in ordinary times, to have raised him to the 1st magistracy.
“The dread of the conspiracy,” says Sallust, “was the cause of his elevation.
Under other circumstances, the pride of the nobility would have revolted
against such a choice. The consulship would have been considered profaned, if,
even with superior merit, a new man had obtained it; but, on the approach of
danger, envy and pride became silent.” The Roman aristocracy must have greatly
lost its influence, when, at a critical moment, it allowed a new man to possess
more authority over the people than one from its own ranks.
By birth, as well as by his instincts, Cicero belonged
to the popular party; nevertheless, the irresolution of his mind, sensible to
flattery, and his fear of innovations, led him to serve by turn the rancors of the great or those of the people. Of upright
heart, but pusillanimous, he only saw rightly when his selfesteem was not at stake or his interest in danger. Elected consul, he ranged himself
on the side of the Senate, and resisted all proposals advantageous to the
multitude. Caesar honored his talent, but had little confidence in his
character; hence he was averse to his candidature, and hostile during the whole
of his consulship.
AGRARIAN LAW OF RULLUS.
Scarcely had Cicero entered on his functions, when the
Tribune P. Servilius Rullus revived one of those projects which, for ages, have had the effect of exciting
to the highest degree both the avidity of the proletaries and the anger of the
Senate: it was an agrarian law.
It contained the following provisions: To sell, with
certain exceptions, the territories recently conquered, and some other domains
but little productive to the State; devoting the proceeds to the purchase, by
private contract, of lands in Italy, which were to be divided among the
indigent citizens; to cause to be nominated, according to the customary mode
for the eletion of grand pontiff—that is, by
seventeen tribes, drawn by lot from the thirty-five—ten commissioners or
decemvirs, to whom should be left, for five years, the power, absolute and
without control, of distributing or alienating the domains of the Republic and
private properties wherever they liked. No one could be appointed who was not
present in Rome, which excluded Pompey, and the authority of the decemvirs was
to be sanctioned by a curiate law. To them alone was intrusted the right to decide what belonged to the State
and what to individuals. The lands of the public domain which should not be
alienated were to be charged with a considerable impost. The decemvirs had also
the power of compelling all the generals, Pompey excepted, to account for the
booty and money received during war, but not yet deposited in the treasury, or
employed upon some monument. They were allowed to found colonies anywhere they
thought proper, particularly in the territory of Stella, and in the ager of
Campania, where five thousand Roman citizens were to be established. In a
word, the administration of the revenues and the resources of the State came
almost wholly into their hands; they had, moreover, their lictors; they could
take the omens, and ’ choose amongst the knights two hundred persons to execute
their decrees in the provinces, and these were without appeal.
This project offered inconveniences, but also great
advantages. Rullus, certainly, was to blame for not
designating all the places where he wished to establish colonies; for making
two exemptions, one favorable, the other unfavorable to Pompey; for assigning
to the decemvirs powers too extensive, tending to arbitrary acts and
speculations; nevertheless, his project had an important political aim. The
public domain, encroached upon by usurpations or by the colonies of Sylla, had
almost disappeared. The law was to reconstitute it by the sale of conquered
territories. On the other side, the lands confiscated in great number by Sylla,
and given or sold at a paltry price to his partisans, had suffered a general
depreciation, for the ownership was liable to be contested, and they no longer
found purchasers. The Republic, while desirous of relieving the poorer class,
had thus an interest in raising the price of these lands and in securing the
holders. The project of Rullus was, in fact, a
veritable law of indemnity. There are injustices which, sanctioned by time,
ought also to be sanctioned by law, in order to extinguish the causes of
dissension, by restoring their security to existing things, and its value to
property.
If the great orator had known how to raise himself
above the questions of person and of party, he would, like Caesar, have
supported the proposal of the tribune, amending only what was too absolute or
too vague in it; but, overreached by the faction of the great, and desiring to
please the knights, whose interests the law injured, he attacked it with his
usual eloquence, exaggerating its defects. It would only benefit, he said, a
small number of persons. Whilst appearing to favor Pompey, it deprived him, on
account of his absence, of the chance of being chosen decemvir. It allowed some
individuals to dispose of kingdoms like Egypt, and of the immense territories
of Asia. Capua would become the capital of Italy, and Rome, surrounded by a
girdle of military colonies devoted to ten new tyrants, would lose its
independence. To purchase the lands, instead of apportioning the ager publicus, was monstrous, and he could not admit that
they would engage the people to abandon the capital to go and languish in the
fields. Then, exposing the double personal interest of the author of the law,
he reminded them that the father-in-law of Rullus was
enriched with the spoils of proscripts, and that Rullus himself had reserved the right of being nominated decemvir.
Cicero, nevertheless, pointed out clearly the
political bearing of the project, although censuring it, when he said: “The new
law enriches those who occupied the domain lands, and withdraws them from
public indignation. How many men are embarrassed by their vast possessions, and
cannot support the odium attached to the largesses of
Sylla! How many would sell them, and find no buyers! How many seek means, of
whatever kind, to dispossess themselves of them! And you, Romans, you are going
to sell those revenues which your ancetors have
acquired at the cost of so much sweat and blood, to augment the fortune and
assure the tranquillity of the possessors of the
goods confiscated by Sylla!”
We see thus that Cicero seems to deny the necessity of
allaying the inquietudes of the new and numerous acquirers of this kind of
national property; and yet, when a short time afterwards another tribune
proposed to relieve from civic degradation the sons of proscripts, he opposed
him, not because this reparation appeared to him unjust, but for fear the
rehabilitation in political rights should carry with it the reintegration into
the properties, a measure, according to his views, subversive of all interests.
Thus, with a strange inconsistency, Cicero combated these two laws of
conciliation; the one because it reassured, the other because it disquieted the
holders of the effects of the proscribed. Why must it be that, amongst men of
superiority, but without convictions, talent only too often serves to sustain
with the like facility the most opposite causes? The opinion of Cicero
triumphed, nevertheless, thanks to his eloquence ; and the project, despite
the lively adhesion of the people, encountered in the Senate such a resistance
that it was abandoned without being referred to the comitia.
Caesar advocated the agrarian law, because it raised
the value of the soil, put an end to the disfavor attached to the national
property, augmented the resources of the treasury, prevented the extravagance
of the generals, delivered Rome from a turbulent and dangerous populace by
wresting it from degradation and misery. He supported the rehabilitation of the
children of proscripts, because that measure, profoundly reparative, put an end
to one of the great iniquities of the past regime.
There are victories which enfeeble the conquerors more
than the vanquished. Such was the success of Cicero. The rejection of the
agrarian law, and of the claims of the sons of proscripts, augmented
considerably the number of malcontents. A crowd of citizens, driven by privations
and the denial of justice, went over to swell the ranks of the conspirators,
who, in the shade, were preparing a revolution; and Caesar, pained at seeing
the Senate reject that sage and ancient policy which had saved Rome from so
many agitations, resolved to undermine by every means its authority. For this
purpose he engaged the tribune, T. Labienus, the same
who was afterwards one of his best lieutenants, to get up a criminal
accusation, which was a direct attack upon the abuse of one of the prerogatives
of the government.
TRIAL OF RABIRIUS (691)
For a long time, when internal or external troubles
were apprehended, Rome was put, so to speak, in a state of siege, by the
sacramental formula, according to which the consuls were enjoined to see that
the Republic received no injury; then the power of the consuls was unlimited: “This
supreme power, which, according to the institutions of Rome, the Senate confers
upon the magistrates, consists in raising troops, in making war, in keeping to
their duties, by every means, the allies and citizens; in exercising supremely,
equally at Rome or abroad, both civil and military authority. In all other
cases, without the express order of the people, none of these prerogatives are
conferred upon the consuls.” And often, in seditions, the Senate had profited
by this omnipotence to rid itself of certain factious individuals without
observing the forms of justice. The more frequent the agitations had become,
the more they had used this extreme remedy. The tribunes always protested
ineffectually against a measure which suspended all the established laws,
legalized assassination, and made Rome a battle-field. Labienus tried anew to blunt in the hands of the Senate so formidable a weapon.
Thirty-seven years before, as will be remembered, Saturninus, the violent promoter of an agrarian law, had,
by the aid of a riot, obtained possession of the Capitol; the country had been
declared in danger. The tribune perished in the struggle, and the Senator C. Rabirius boasted of having killed him. Despite this long
interval of time, Labienus accused Rabirius under an old law of perduellio,
which did not leave to the guilty, like the law of treason, the power of voluntary
exile, but, by declaring him a public enemy, authorized against him cruel and
ignominious punishments. This procedure provoked considerable agitation; the
Senate, which felt the blow struck at its privileges, was unwilling to put any
one to trial for the execution of an act authorized by itself. The people and
the tribunes, on the contrary, insisted that the accused should be brought
before a tribunal. Every passion was at work. Labienus claimed to avenge one of his uncles, massacred with Saturninus;
and he had the audacity to expose in the Campus Martius the portrait of the factious
tribune, forgetting the case of Sextus Titius,
condemned, on a former occasion, for the mere fact of having preserved in his
house the likeness of Saturninus. The affair was
brought, according to ancient usage, before the decemvirs. Caesar, and his
cousin Lucius Caesar, were designated by the praetor to perform the functions
of judges. The very violence of the accusation, compared with the eloquence of
his defenders, Hortensius and Cicero, overthrew the
charge of perduellio. Nevertheless, Rabirius, condemned, appealed to the people; but the
animosity against him was so great that the fatal sentence was about to be
irrevocably pronounced, when the praetor, Metellus Celer, devised a stratagem to arrest the course of justice;
he earned away the standard planted at the Janiculum. This battered flag
formerly announced an invasion of the country round Rome. Immediately all
deliberation ceased, and the people rushed to arms. The Romans were great
formalists; and, moreover, as this custom left to the magistrates the power of
dissolving at their will the comitia, they had the most cogent motives for
preserving it; the assembly soon separated, and the affair was not taken up
again. Caesar, nevertheless, had hoped to attain his object. He did not demand
the head of Rabirius, whom, when he was subsequently
dictator, he treated with favor; he only wished to show to the Senate the
strength of the popular party, and to warn it that henceforth it would no more
be permitted, as in the time of the Gracchi, to sacrifice its adversaries in
the name of the public safety.
If, on the one hand, Caesar let no opportunity escape
of branding the former regime, on the other he was the earnest advocate of the
provinces, which vainly looked for justice and protection from Rome. He had for
example, the same year accused of peculation C. Calpurnius Piso, consul in 687, and afterwards governor of Transpadane Gaul, and brought him to trial for having
arbitrarily caused an inhabitant of that country to be executed. The accused
was acquitted through the influence of Cicero; but Cesar had shown to the Transpadanes that he was ever the representative of their
interests and their vigilant patron.
CAESAR GRAND PONTIFF (691).
He soon received a brilliant proof of the popularity
he enjoyed. The dignity of sovereign pontiff, one of the most important in the
Republic, was for life, and gave great influence to the individual clothed with
it, for religion mingled itself in all the public and private acts of the
Romans.
Metellus Pius, sovereign pontiff, dying in 691, the most illustrious citizens,
such as P. Servilius Isauricus,
and Q. Lutatius Catulus,
prince of the Senate, put themselves at the head of the ranks of candidates to
replace him. Caesar also solicited the office, and, desirous of proving himself
worthy of it, he published, at this time doubtless, a very extensive treatise
on the augural law, and another on astronomy, designed to make known in Italy
the discoveries of the Alexandrian school.
Servilius Isauricus and Catulus,
relying on their antecedents, and on the esteem in which they were held,
believed themselves the more sure of election, because, since Sylla, the people
had not interfered in the nomination of grand pontiff, the college solely
making the election. Labienus, to facilitate Caesar’s
access to this high dignity, obtained a plebiscitum restoring the nomination to the suffrages of the people. This manoeuvre disconcerted the other competitors without
discouraging them, and, as usual, they attempted to seduce the electors with
money. All who held with the party of the nobles united against Caesar, who
combated solicitation by solicitation, and sustained the struggle by the aid of
considerable loans; he knew how to interest in his success, according to
Appian, both the poor that he had paid, and the rich from whom he borrowed. Catulus, knowing Caesar to be greatly in debt, and
mistaking his character, offered him a large sum to desist. He answered him
that he would borrow a much greater sum of him if he would support his
candidature.
At length the great day arrived which was to decide
the future of Caesar; when he started to present himself at the comitia, the
most gloomy thoughts agitated his ardent mind, and calculating that if he
should not succeed, his debts would constrain him perhaps to go into exile, he
embraced his mother and said, “Today thou wilt see me grand pontiff or a
fugitive.” The most brilliant success crowned his efforts, and what added to
his joy was his obtaining more votes in the tribes of his adversaries than they
had in all the tribes put together.
Such a victory made the Senate fear whether Caesar,
strong in his ascendancy over the people, might not proceed to the greatest
excesses; but his conduct remained the same.
Hitherto he had inhabited a very moderate house, in
the quarter called Suburra; nominated sovereign
pontiff he was lodged in a public building in the Via Sacra. This new position
necessarily obliged him, indeed, to a sumptuous life, if we may judge by the
luxuriousness displayed at the reception of a simple pontiff, at which he
assisted as king of the sacrifices, and of which Macrobius has preserved to us the curious details. Moreover, he built himself a superb
villa on the Lake of Nemi, near Aricia.
CATILINE’S CONSPIRACY
Catiline, who has already been spoken Of, had twice
failed in his designs upon the consulship; he solicited it again for the year
692, without abandoning his plans of conspiracy. The moment seemed favorable.
Pompey being in Asia, Italy was bared of troops; Antonius, associated in the
plot, shared the consulship with Cicero. Calm existed on the surface, whilst
passions, half extinguished, and bruised interests, offered to the first man
bold enough numerous means of raising commotions. The men whom Sylla had
despoiled, as well as those he had enriched, but who had dissipated the fruits
of their immense plunder, were equally discontented; so that the same idea of
subversion formed a bond of union between the victims and the accomplices of
the past oppression.
Addicted to excesses of every kind, Catiline dreamed,
in the midst of his orgies, of the overthrow of the oligarchy; but we may doubt
his desire to put all to fire and sword, as Cicero says, and as most historians
have repeated after him. Of illustrious birth, questor in 677, he distinguished
himself in Macedonia, in the army of Curio; he had been praetor in 686, and
governor of Africa the year following. He was accused of having in his youth
imbrued his hands in Sylla’s murders, of having
associated with the most infamous men, and of having, been guilty of incest and
other crimes ; there would be no reason for exculpating him if we did not know
how prodigal political parties in their triumph are of calumnies against the
vanquished. Besides, we must acknowledge that “the vices with which he was
charged he shared in common with many personages of that epoch, among others
with Antonius, the colleague of Cicero, who subsequently undertook his defence. Gifted with a high intelligence and a rare energy,
Catiline could not have meditated a thing so insensate as massacre and burning.
It would have been to seek to reign over ruins and-tombs. The truth will
present itself better in the following
portrait, traced by Cicero, seven years after the death of Catiline, when,
returning to a calmer appreciation, the great orator painted in less sombre colors him whom he had so disfigured : “This
Catiline, you cannot have forgotten, I think had, if not the reality, at least
the appearance of the greatest virtues. He associated with a crowd of perverse
men, but he affected to be devoted to men of greatest estimation. If for him
debauchery had powerful attractions, he applied himself with no less ardor to
labor and affairs. The fire of passions devoured his heart, but he had also a
taste for the labors of war. No, I do not believe there ever existed on this
earth a man who offered so monstrous an assemblage of passions and qualities so
varied, so contrary, and in continual antagonism with each other.”
The conspiracy, conducted by the adventurous spirit of
its chief, had acquired considerable development. Senators, knights, young
patricians, a great number of the notable citizens of the allied towns, partook
in it. Cicero, informed of these designs, assembles the Senate in the Temple of
Concord, and communicates to it the information he had received: he informs it
that, on the 5th of the calends of November, a rising was to take place in
Etruria; that on the morrow a riot would break out in Rome; that the lives of
the consuls were threatened; that, lastly, everywhere stores of warlike arms
and attempts to enlist the gladiators indicated the most alarming preparations.
Catiline, questioned by the consul, exclaims that the tyranny of some men,
their avarice, their inhumanity, are the true causes of the uneasiness which
torments the Republic; then, repelling with scorn the projects of revolt which
they imputed to him, he concludes with this threatening figure of speech : “The
Roman people is a robust body, but without head: I shall be that head.” He
departed with these words, leaving the Senate undecided and trembling. The
assembly, meanwhile, passed the usual decree, enjoining the consuls to watch that
the Republic received no injury.
The election of consuls for the following year, till
then deferred, took place on the 21st of October, 691, and Silanus having been nominated with Murena, Catiline was a
third time rejected. He then dispatched to different parts of Italy his agents,
and among others, C. Mallius into Etruria, Septimius
to the Picenum, and C. Julius into Apulia, to organize the revolt. At the mouth
of the Tiber, a division of the fleet, previously employed against the pirates,
was ready to second his projects. At Rome even the assassination of Cicero was
boldly attempted.
The Senate was convened again on the 8th of November.
Catiline dared to attend, and take his seat in the midst of his colleagues.
Cicero, in a speech which has become celebrated, apostrophized him in accents
of the strongest indignation, and by a crushing denunciation forced him to
retire. Catiline, accompanied by three hundred of his adherents, left the
capital next morning to join Mallius. During the
following days, alarming news arriving from all parts threw Rome into the
utmost anxiety. Stupor reigned there. To the animation of fetes and pleasures
had, all of a sudden, succeeded a gloomy silence. Troops were raised; armed
outposts were placed at various points; Q. Marcius Rex is dispatched to FAesulse (Fiesole); Q. Metellus Creticus into Apulia; Pomponius Rufus to Capua; Q. Metellus Celer into the Picenum;
and, lastly, the consul, C. Antonius, led an army into Etruria. Cicero had
detached the latter from the conspiracy by giving him the lucrative government
of Macedonia. He accepted in exchange that of Gaul, which he also subsequently
renounced, not wishing, after his consulship, to quit the city and depart as
proconsul. The principal conspirators, at the head of whom were the PrAetor Lentulus and Cethegus, remained at Rome. They continued energetically
the preparations for the insurrection, and entered into communication with the
envoys of the Allobroges. Cicero, secretly informed by his spies, among others
by Curius, watched their doings, and, when he had
indisputable proofs, caused them to be arrested, convoked the Senate, and exposed
the plan of the conspiracy.
Lentulus was obliged to resign the prAetorship. Out of
nine conspirators convicted of the attempt against the Republic, five only
failed to escape ; they were confided to the custody of the magistrates
appointed by the consul. Lentulus was delivered to
his kinsman, Lentulus Spinther;
L. Statilius to Cesar; Gabinius to Crassus; Cethegus to Cornificius; and Caeparius,
who was taken in his flight, to the Senator Cn. Terentius. The Senate was on
the point of proceeding against them in a manner in which all the forms of
justice would have been violated. The criminal judgments were not within its
competence, and neither the consul nor the assembly had the right to condemn a
Roman citizen without the concurrence of the people. Be that as it may, the
senators assembled for a last time on the 5th of December, to deliberate on the
punishment of the conspirators; they were less numerous than on the preceding
days. Many of them were unwilling to pass sentence of death against citizens
belonging to the great patrician families. Some, however, were in favor of
capital punishment, in spite of the law Portia. After others had spoken, Caesar
made the following speech, the bearing of which merits particular attention:
“Conscript fathers, all who deliberate upon doubtful
matters ought to be uninfluenced by hatred, affection, anger, or pity. When we
are animated by these sentiments, it is. hard to unravel the truth; and no one
has ever been able to serve at once his passions and his interests. Free your
reason of that which beclouds it, and you will be strong; if passion invade
your mind and rule it, you will be without strength. It would be here the
occasion, conscript fathers, to recall to mind how many kings and peoples,
carried away by rage or pity, have taken fatal resolutions; but I prefer
reminding you how our ancestors, unswayed by
prejudice, performed good and just deeds. In our Macedonian war against King
Perseus, the Republic of Rhodes, in its power and pride, although it owed its
greatness to the support of the Roman people, proved disloyal and hostile to
us; but when, on the termination of this war, the fate of the Rhodians was
brought under deliberation, our ancestors left them unpunished, in order that
no one should ascribe the cause of the war to their riches rather than to their
wrongs. So, also, in all the Punic wars, although the Carthaginians had often,
both during peace and during the truces, committed perfidious atrocities, our
fathers, in spite of the opportunity, never imitated them, because they thought
more of their honor than of vengeance, however just.
“And you, conscript fathers, take care that the crime
of P. Lentulus and his accomplices overcome not the
sentiment of your dignity, and consult not your anger more than your
reputation. Indeed, if there be a punishment adequate to their offences, I
will approve the new measure; but if, on the contrary, the vastness of the
crime exceeds all that can be imagined, we should adhere, I think, to that
which has been provided by the laws.
“Most of those who have expressed their opinion before
me have deplored in studied and magniloquent terms the misfortune of the
Republic; they have recounted the horrors of war and the sufferings of the
vanquished, the rapes of young girls and boys, infants torn from the arms of
their parents, mothers delivered to the lust of the vanquisher, the pillage of
temples and houses, the carnage and burning everywhere; in short, arms,
corpses, blood, and mourning. But, by the immortal gods, to what tend these
speeches ? To make you detest the conspiracy? What! will he whom a plot so
great and so atrocious has not moved, be inflamed by a speech ? No, not so; men
never consider their personal injuries slight; many men resent them too keenly.
But, conscript fathers, that which is permitted to some is not permitted to
others. Those who live humbly in obscurity may err by passion, and few people
know it; all is equal with them, fame and fortune; but those who, invested with
high dignities, pass their life in an exalted sphere, do nothing of which every
mortal is not informed. Thus, the higher the fortune the less the liberty; the
less we ought to be partial, rancorous, and especially angry. What, in others,
is named hastiness, in men of power is called pride and cruelty.
“I think, then, conscript fathers, that all the
tortures known can never equal the crimes of the conspirators; but, among most mortals,
the last impressions are permanent, and the crimes of the greatest culprits are
forgotten, to remember only the punishment, if it has been too severe.
“What D. Silanus, a man of
constancy and courage, has said, has been inspired in him, I know, by his zeal
for the Republic, and in so grave a matter he has been swayed neither by
partiality nor hatred. I know too well the wisdom and moderation of that
illustrious citizen. Nevertheless, his advice seems to me, I will not say cruel
(for can one be cruel towards such men ?), but contrary to the spirit of our
government. Truly, Silanus, either fear or
indignation would have forced you, consul elect, to adopt a new kind of
punishment. As to fear, it is superfluous to speak of it, when, thanks to the
active foresight of our illustrious consul, so many guards are under arms. As
to the punishment, we may be permitted to say the thing as it is: in affliction
and misfortune death is the termination of our sufferings, and not a
punishment; it takes away all the ills of humanity; beyond are neither cares
nor joy. But, in the name of the immortal gods, why not add to your opinion, Silanus, that they shall be forthwith beaten with rods? Is
it because the law Portia forbids it? But other laws also forbid the taking
away the lives of condemned citizens, and prescribe exile. Is it because it is
more cruel to be beaten with rods than to be put to death But is there any thing too rigorous, too cruel, against men convicted of so black a design? If, then,
this penalty is too light, is it fitting to respect the law upon a less
essential point, and break it in its most serious part? But, it may be said,
who will blame your decree against the parricides of the Republic? Time,
circumstance, and fortune, whose caprice governs the world. Whatever happens to
them, they will have merited. But you, senators, consider the influence your
decision may have upon other offenders. Abuses often grow from precedents good
in principle; but when the power falls into the hands of men less enlightened,
or less honest, a just and reasonable precedent receives an application
contrary to justice and reason.
“The Lacedaemonians imposed upon Athens vanquished a
government of thirty rulers. These began by putting to death without judgment
all those whose crimes marked them out to public hatred; the people rejoiced
and said it was well done. Afterwards, when the abuses of this power
multiplied, good and bad alike were sacrificed at the instigation of caprice;
the rest were in terror. Thus, Athens, crushed under servitude, expiated
cruelly her insensate joy. In our days, when Sylla, conqueror, caused to be
butchered Damasippus and other men of that
description, who had attained to dignities to the curse of the Republic, who
did not praise such a deed? Those villains, those factious men, whose seditions
had harassed the Republic, had, it was said, merited their death. But this was
the signal for a great carnage. For if any one coveted the house or land of
another, or only a vase or vestment, it was somehow contrived that he should be
put in the number of the proscribed. Thus, those to whom the death of Damasippus had been a subject for joy, were soon themselves
dragged to execution, and the massacres ceased not until Sylla had gorged all
his followers with riches.
“It is true, I dread nothing of the sort, either from
M. Tullius, or from present circumstances; but, in a great State, there . are
so many different natures! Who knows if at another epoch, under another consul,
master of an army, some imaginary plot may not be believed real ? And if a
consul, armed with this example and with a decree of the Senate, once draw the
sword, who will stay his hand or limit vengeance ?
“Our ancestors, conscript fathers, were never wanting
in prudence or decision, and pride did not hinder them from adopting foreign
customs, provided they appeared good. From the Samnites they borrowed their
arms, offensive and defensive; from the Etruscans, the greater part of the
insignia of our magistrates; in short, all that, amongst their allies or then
enemies, appeared useful to themselves, they appropriated with the utmost
eagerness, preferring to imitate good examples than to be envious of them. At
the same epoch, adopting a Grecian custom, they inflicted rods upon the
citizens, and death upon criminals. Afterwards the Republic increased; and with
the increase of citizens factions prevailed more, and the innocent were
oppressed; they committed many excesses of this kind. Then the law Portia and
many others were promulged, which only sanctioned the punishment of exile
against the condemned.
“This consideration, conscript fathers, is, in my
opinion, the strongest for rejecting the proposed innovation. Certainly those
men were superior to us in virtue and wisdom, who, with such feeble means, have
raised so great an empire, whilst we preserve with difficulty an inheritance so
gloriously acquired. Are we then to set free the guilty, and increase with them
the army of Catiline? In no wise; but I vote that their goods be confiscated,
themselves imprisoned in the municipia best furnished with armed force, to the
end that no one may hereafter propose their restoration to the Senate or even
to the people; that whoever shall act contrary to this measure be declared by
the Senate an enemy of the State and of the public tranquillity.”
With this noble language, which reveals the statesman,
compare the declamatory speeches of the orators who pleaded for the penalty of
death: “I wish,” cries Cicero, “to snatch from massacre your wives, your
children, and the sainted priestesses of Vesta; from the most frightful
outrages, your temples and sanctuaries; our fair country from the most horrible
conflagration; Italy from devastation. The conspirators seek to slaughter all,
in order that no one may remain to weep for the Republic and lament over the
ruin of so great an empire.” And when he speaks of Catiline : “Is there in all
Italy a poisoner, is there a gladiator, a brigand, an assassin, a parricide, a
forger of wills, a suborner, a debauchee, a squanderer, an adulterer; is there
a disreputable woman, a corrupter of youth, a man tarnished in character, a
scoundrel, in short, who does not confess to having lived with Catiline in the
greatest familiarity ?” Certainly, this is not the cool and impartial language
which becomes a judge.
Cicero holds cheap the law and its principles; he must
have, above all, arguments for his cause, and he goes to history to seek for
facts which might authorize the putting to death of Roman citizens. He holds
forth, as an example to follow, the murder of Tiberius Gracchus by Scipio Nasica, and that of Caius Gracchus by the Consul Lucius Opimius; forgetting that but lately, in a famous oration,
he had called the two celebrated tribunes the most brilliant geniuses, the true
friends of the people; and that the murderers of the Gracchi, for having
massacred inviolable personages, became a butt to the hatred and scorn of their
fellow-citizens. Cicero himself will shortly pay with exile for his rigor
towards the accomplices of Catiline.
Caesar’s speech had such an effect upon the assembly,
that many of the senators, amongst others the brother of Cicero, adopted his
opinion. Decimus Silanus, consul elect, modified his
own, and Cicero at last seemed ready to withdraw from his responsibility, when
he said: “If you adopt the opinion of Caesar, as he has always attached himself
to the party which passes in the Republic as being that of the people, it is
probable that a sentence of which he shall be the author and guarantee will
expose me less to popular storms.” However, he persevered in his demand for the
immediate execution of the accused. But Cato mainly decided the vacillating
majority of the Senate by words the most calculated to influence his auditors.
Far from seeking to touch the strings of the higher sentiments and of
patriotism, he appeals to selfish interests and fear. In the name of the immortal gods,” cried he,
“I adjure you—you, who have ever held your houses, your lands, your statues,
your pictures, in greater regard. than the Republic, if these goods, of
whatever kind they be, you desire to preserve; if for your enjoyments you would
economize a necessary leisure; rise at last from your lethargy, and take in
hand the Republic”; which means, in other terms : “If you wish to enjoy
peaceably your riches, condemn the accused without hearing them.” This is what
the Senate did.
A singular incident happened, in the midst of these
debates, to show to what point Caesar had awakened people’s suspicions. At the
most animated moment of the discussion, a letter was brought to him. He read it
with eagerness. Cato and other senators, supposing it to be a message from one
of the conspirators, insisted upon its being read to the Senate. Caesar handed
the letter to Cato, who was seated near him. The latter saw it was a
love-letter from his sister Servilia, and threw it
back indignantly, crying out, “There! keep it, drunkard!”, a gratuitous insult,
since he himself did justice to the temperance of Caesar, the day when he said
that, of all the men who had overthrown the State, he was the only one who had
done it fasting. Cato expressed with still greater force the fears of his party,
when he said : “If, in the midst of such great and general alarms, Caesar
alone is without fear, it is for you as well as me an additional motive for
fear.” Cato went further. After the condemnation of the accused to death, he
tried to drive Caesar to extremities, by turning against them an opinion which
the latter had expressed in their interest: he proposed to confiscate their
goods. The debate became then warmer than ever. Caesar declared that it was an
indignity, after having rejected the humane part of his opinion, to adopt from
it the rigorous spirit it contained, for the purpose of aggravating the lot of
the condemned and adding to their punishment. As his protestation met with no
echo in the Senate, he adjured She tribunes to use their right of intercession;
but they remained deaf to his appeal. The agitation was at its height, and to
put an end to it, the consul, in haste to terminate a struggle the issue of
which might become doubtful, agreed that the confiscation should not form a
part of the Senatus-consultum.
Whilst the populace outside, excited by the friends of
the conspirators, raised seditious clamors, the knights who formed the guard
around the Temple of Concord, exasperated by the language of Caesar and the
length of the debates, broke in upon the assembly; they surrounded Caesar, and
with threatening words, despite his rank of pontiff and of praetor elect, they
drew their swords upon him, which M. Curio and Cicero generously turned aside.
Their protection enabled him to regain his home: he declared, however, that he
would not appear again in the Senate until the new consuls could insure order
and liberty for the deliberations.
Cicero, without loss of time, went with the praetors
to seek the condemned, and conducted them to the prison of the Capitol, where
they were immediately executed. Then a restless crowd, ignorant of what was
taking place, demanding what had become of the prisoners, Cicero replied with
these simple words, “They have lived”.
We are easily convinced that Caesar was not a
conspirator; but this accusation is explained by the pusillanimity of some and
the rancor of others. Who does not know that, in times of crisis, feeble
governments always tax sympathy for the accused with complicity, and are not
sparing of calumny towards their s adversaries? Q. Catulus and C. Piso were animated against him with so deep a
hatred that they had importuned the consul to include him in the prosecutions
directed against the accomplices of Catiline. Cicero resisted. The report of
his participation in the plot was not the less spread, and had been accredited
eagerly by the crowd of the envious. Caesar was not one of the conspirators ;
if he had been, his influence would have been sufficient to have acquitted them
triumphantly. He had too high an idea of himself; he enjoyed too great a
consideration to think of arriving at power by an underground way and
reprehensible means. However ambitious a man may be, he does not conspire when
he can attain his end by lawful means. Caesar was quite sure of being raised to
the consulship, and his impatience never betrayed his ambition. Moreover, he
had constantly shown a marked aversion to civil war; and why should he throw himself into a vulgar conspiracy with infamous
individuals, he who refused his participation in the attempts of 'Lepidus when
at the head of an army ? If Cicero had believed Caesar guilty, would he have
hesitated to accuse him, seeing he scrupled not to compromise, by the aid of a
false witness, so high a personage as Licinius Crassus? How, on the eve of the
condemnation, could he have trusted to Caesar the custody of one of the
conspirators? Would he have exculpated him in the sequel when the accusation
was renewed? Lastly, if Caesar, as will be seen afterwards, according to
Plutarch, preferred being the first in a village in the Alps to being second in
Rome, how could he have consented to be the second to Catiline?
The attitude of Caesar in this matter presents
nothing, then, which does not admit an easy explanation. Whilst blaming the
conspiracy, he was unwilling that, to repress it, the eternal rules of justice
should be set aside. He reminded men, blinded by passion and fear, that
unnecessary rigor is always followed by fatal reactions. The examples drawn
from history served him to prove that moderation is always the best adviser. It
is clear also that, whilst despising most of the authors of the conspiracy, he
was not without sympathy for a cause which approached his own by common
instincts and enemies. In countries delivered up to party divisions, how many
men are there not who desire the overthrow of the existing government, yet
without the will to take part in the conspiracy ? Such was the position of
Caesar.
On the contrary, the conduct of Cicero and of the
Senate can hardly be justified. To violate the law was perhaps a necessity; but
to misrepresent the sedition in order to make it odious, to have resource to
calumny to vilify the criminals, and to condemn them to death without allowing
them a defence, was an evident proof of weakness. In
fact, if the intentions of Catiline had not been disguised, the whole of Italy
would have responded to his appeal, so weary were the people of the humiliating
yoke which weighed upon Rome; but they proclaimed him as one meditating
conflagration, murder, and pillage. “Already,” it was said, “ the torches are
lit, the assassins are at their posts, the conspirators drink human blood, and
dispute over the shreds of a man they have butchered.” It was by these rumors,
dexterously spread, by these exaggerations, which Cicero himself afterwards ridiculed, that the disposition of
the people, at first favorable to the insurrection, soon turned against it.
That Catiline might have associated, like all
promoters of revolutions, with men who had nothing to lose, and every thing to gain, cannot be disputed; but how can we
believe that the majority of his accomplices was composed of criminals loaded
with vices? By the confession of Cicero, many honorable individuals figured
amongst the conspirators. Inhabitants of colonies and municipia belonging to
the first families in their country, allied themselves with Catiline. Many sons
of senators, and amongst others, Aulus Fulvius, were arrested on their way to join the insurgents,
and put to death by the order of their fathers. Nearly all the Roman youth,
says Sallust, favored at that time the designs of the bold conspirator; and, on
the other hand, throughout the whole empire, the populace, eager for novelty,
approved of his enterprise.
That Catiline may have been a perverse and cruel man
of the kind of Marius and Sylla, is probable; that he wished to arrive at power
by violence, is certain; but that he had gained to his cause so many important
individuals, that he had inspired their enthusiasm, that he had so profoundly
agitated the peoples of Italy, without having proclaimed one greater generous
idea, is not probable. Indeed, although attached to the party of Sylla by his
antecedents, he knew that the only standard capable of rallying numerous
partisans was that of Marius. Thus for a long time he preserved in his house,
with a religious care, the silver eagle which had guided the legions of that
illustrious captain. His speeches confirm still further this’ view: in
addressing himself to his accomplices, he laments seeing the destinies of the
Republic in the hands of a faction who excluded the greatest number from all
participation in honors and riches. He wrote to Catulus,
a person of the highest respect, with whom he was intimate, the following
letter, deficient neither in simplicity, nor in a certain grandeur, the
calmness of which offers a striking contrast to the vehemence of Cicero:—
“L. Catiline to Q. Catulus,
salutation.—Thy tried friendship, which has always been precious to me, gives
me the assurance that in my misfortune thou wilt hear my prayer. I do not wish
to justify the part I have taken. My conscience reproaches me with nothing, and
I wish only to expose my motives^ which truly thou wilt find lawful. Driven to
extremity by the insults and injustices of my enemies, robbed of the recompense
due to my services; finally, hopeless of ever obtaining the dignity to which I
am entitled, I have taken in hand, according to my custom, the common cause of
all the unfortunate. I am represented as constrained by debts to this bold
resolution : it is a calumny. My personal means are sufficient to acquit my
engagements; and it is known that, thanks to the generosity of my wife, and of
her daughter, I have done honor to other engagements which were foreign to me.
But I cannot see with composure unworthy men at the pinnacle of honors, whilst
they drive me away from them with groundless accusations. In the extremity to
which they have thus reduced me, I embrace the only part that remains to a man
of heart to defend his political position. I should like to write more fully,
but I hear they are setting on foot against me the last degree of violence. I
commend to thee Orestilla, and confide her to thy
faith. Protect her, I beseech thee, by the head of thy children. Adieu.”
The same sentiments inspired the band of conspirators
commanded by Mallius. They reveal themselves in these
words:
“We call gods and men to witness that it is not
against our country that we have taken up arms, nor against the safety of our
fellow-citizens. We, wretched paupers as we are, who, through the violence and
cruelty of usurers, are without country, all condemned to scorn and indigence,
are actuated by one only wish, to guarantee our personal security against
wrong. We demand neither power nor wealth, those great and eternal causes of
war and strife among mankind. We only desire freedom, a treasure that no man will
surrender, except with life itself. We implore you, senators, have pity on your
wretched fellow-citizens.”
These quotations indicate with sufficient clearness,
the real character of the insurrection; and that the partisans of Catiline did
not altogether deserve contempt, is proved by their energy and resolution. The
Senate having declared Catiline and Mallius enemies
of their country, promised a free pardon and two hundred thousand sestertii to
all who would abandon the ranks of the insurgents; “but not one,” says Sallust,
“of so vast an assemblage, was persuaded by the lure of the reward to betray
the plot; not one deserted from the camp of Catiline, so deadly was the
disease, which, like a pestilence, had infected the minds of most of the
citizens.” There is no doubt that Catiline, though without a conscience, and
without principles, had, notwithstanding, good feeling enough to maintain a
cause that he wished to see ennobled, because, so far from offering freedom to
the slaves, as Sylla, Marius, and Cinna had done, an example so full of charms
for a conspirator, he refused to make use of them, in despite of the advice of Lentulus, who addressed him in these pregnant words:
“Outlawed from Rome, what purpose can a Catiline have in refusing the services
of slaves?”(6) Finally, that among these insurgents, who are represented to us
as a throng of robbers, ready to melt away without striking a blow, there
existed, notwithstanding, a burning faith and a genuine fanaticism, is proved
by the heroism of their final struggle. The two armies met in the plain of Pistoia,
on the 5th of January, 692; a terrible battle ensued, and, though victory was
hopeless, not one of Catiline’s soldiers gave way. To a man they were slain,
following the example of their leader, sword in hand; all were found lifeless,
but with ranks unbroken, heaped round the eagle of Marius, that glorious relic
of the campaign against the Cimbri, that venerated standard of the cause of the
people.
We must admit that Catiline was guilty of an attempt to
overthrow the laws of his country by violence; but in so doing, he was only
following the examples of a Marius and a Sylla. His dreams were of a
revolutionary despotism, of the ruin of the aristocratic party, and, according
to Dio Cassius, of a change in the constitution of
the Republic and of the subjugation of the allies. Yet, would his success have
been a misfortune : a permanent good can never be the production of hands that
are not clean.
ERROR OF CICERO.
Cicero believed that he had destroyed an entire party.
He was wrong; he had only foiled a conspiracy, and disencumbered a grand cause
of the rash men who were compromising it. The judicial murder of the
conspirators gave them new life, and one day the tomb of Catiline was found
covered with flowers. Laws may be justly broken when society is hurrying on to
its own ruin, and a desperate remedy is indispensable for its salvation; and
again, when the government, supported by the mass of the people, becomes the
organ of its interests and their hopes. But when, on the contrary, a nation is divided
into factions, and the government represents only one of them, its duty, if it
intends to foil a plot, is to bind itself to the most exact and scrupulous
respect for the law; for, at such a juncture, every measure not sanctioned by
the letter of the law appears to be due rather to a selfish feeling of interest
than to a desire for the general weal; and the majority of the public,
indifferent or hostile, is always disposed to pity the accused, whoever he may
be, and to blame the severity with which he was put down.
Cicero was intoxicated with his success. His vanity
made him ridiculous. He thought himself as great as Pompey, and wrote to him
with all the pride of a conqueror. But he received a chilling answer, and in a
short time saw the accomplishment of Caesar’s prophetic words: “If even the
greatest criminals are too severely dealt with, the heinousness of their
offence is lost in the severity of their sentence.”
Even before the battle of Pistoia, whilst the pursuit
of the adherents of Catiline was still being prosecuted, public opinion was
already hostile to him who had urged the measure, and Metellus Nepos, sent recently from Asia by Pompey, openly found fault with Cicero’s
conduct. When the latter, on quitting office, wished to address the people for
the purpose of glorifying his consulship, Metellus,
who had been elected tribune, silenced him with these words: “We will not hear
the defence of the man who refused to hear the defence of accused persons,” and ordered him to confine
himself to the usual oath, that he had in no way contravened the laws. “I
swear,” answered Cicero, “ that I have saved the Republic.” He excited public
cavil, not by evil actions, but by his habit of self-glorification. He never
went to the Senate, to the assemblies of the people, to the courts of law,
without having on his lips the names of Catiline and Lentulus.
However loudly this boastful exclamation might be applauded by Cato and the
by-standers, who hail him Father of his Country, their enthusiasm will have but
a short duration.
CAESAR PRAETOR (692).
Caesar, prsetor elect of the
city (urbanus) the preceding year, entered
upon his office in the year 692. Bibulus, his former colleague in the edileship, and his declared opponent, was his colleague.
The more his influence increased, the more he seems to have placed it at the
service of Pompey, upon whom, since his departure, the hopes of the popular
party rested. He had more share than all the others in causing extraordinary
honors to be decreed to the conqueror of Mithridates, such as the privilege of
attending the games of the circus in a robe of triumph and a crown of laurels,
and of sitting in the theatre in the official dress of the magistrates, the praetexta.
Still more, he used all his endeavors to reserve for Pompey one of those
opportunities of gratifying personal vanity which the Romans prized so highly.
It was the custom for those who were charged with the
restoration of any public monument, to have their name engraved on it when the
work was completed. Catulus had caused his to be
inscribed on the Temple of Jupiter, burnt in the Capitol in 671, and of which
he had been intrusted with the rebuilding by Sylla.
This temple, however, had not been entirely completed. Caesar appealed against
this infraction of the law, accused Catulus of having
appropriated a part of the money intended for the restoration, and proposed
that the completion of the work should be confided to Pompey on his return,
that his name should be placed thereon instead of that of Catulus,
and that he should perform the ceremony of dedication. Caesar thus not only
gave a proof of deference to Pompey, but he sought to please the multitude by
gaining a verdict against one of the most esteemed chiefs of the aristocratic
party.
The news of this accusation caused a sensation in the
Senate, and the eagerness with which the nobles hurried into the Forum to vote
against the proposal was such, that on that day they omitted to go, according
to custom, to congratulate the new consuls; a proof that in this case also it
was entirely a question of party. Catulus pronounced
his own defence, but without being able to gain the
tribune and the tumult increasing,
Caesar was obliged to give way to force. The affair went no further.
The reaction of public opinion against the conduct of
the Senate continued, and men did not hesitate to accuse it openly of having
murdered the accomplices of Catiline. Metellus Nepos,
supported by the friends of the conspirators, by the partisans of his patron,
and by those of Caesar, proposed a law for the recall of Pompey with his army,
that he might, as he said, maintain order in the city, protect the citizens,
and prevent their being put to death without a trial. The Senate, and notably
Cato and Q. Minucius, offended already by the success
of the army of Asia, offered a steady resistance to these proposals.
On the day when the tribes voted, scenes of the
greatest turbulence took place. Cato seated himself between the Praetor Caesar
and the Tribune Metellus, to prevent their conversing
together. Blows were given, swords were drawn, and each of the two factions was
in turn driven from the Forum; until at last the senatorial party gained the
day. Metellus, obliged to fly, declared that he was
yielding to force, and that he was going to join Pompey, who would know well
how to avenge them both. It was the first time that a tribune had been known to
abandon Rome and take refuge in the camp of a general. The Senate deprived him
of his office, and Caesar of that of praetor. The latter paid no attention,
kept his lictors, and continued the administration of justice; but, on being
warned that it was intended to make use of compulsion against him, he
voluntarily resigned his office, and shut himself up in his house.
Nevertheless, this outrage against the laws was not
submitted to with indifference. Two days afterwards, a crowd assembled before
Caesar’s house: the people with loud cries urged him to resume his office,
while Caesar, on his part, engaged them not to transgress the laws. The Senate,
which had met on hearing of this riot, sent for him, thanked him for his
respect for the laws, and reinstated him in his praetorship.
It was thus that Caesar maintained himself within the
pale of the law, and obliged the Senate to overstep it. This body, heretofore
so firm, and yet so temperate, no longer shrank from extraordinary acts of
authority; a tribune and a praetor were at the same time obliged to fly from
their arbitrary proceedings. Ever since the days of the Gracchi, Rome had
witnessed the same scenes of violence, sometimes on the part of the nobles, at
others on the part of the people.
The justice which the fear of a popular movement had
caused to be rendered to Caesar, had not discouraged the hatred of his enemies.
They tried to renew against him the accusation of having been an accomplice in
Catiline’s conspiracy. At their instigation, Vettius,
a man who had been formerly employed by Cicero as a spy to discover the plot,
summoned him before the questor Novius Niger; and Curius, to the latter of whom a public reward had been
decreed, accused him before the Senate. They both swore to his enrolment among
the conspirators, pretending that they had received their information from the
lips of Catiline himself. Caesar had no difficulty in defending himself, and
appealed to the testimony of Cicero, who at once declared his innocence. The
court, however, sat for a long time; and the rumor of the charge having been
spread abroad in the city, the crowd, uneasy as to what might be Caesar’s fate,
assembled in great numbers to demand his release. So irritated they appeared,
that to calm them, Cato conceived it necessary to propose to the Senate a
decree ordering a distribution of wheat to the poor—a largess which cost the
treasury more than 1,250 talents yearly.
No time was lost in pronouncing the charge calumnious; Curius was deprived of his promised reward; and Vettius, on his way to prison, was all but torn to pieces
before the rostra.
The questor Novius was in
like manner arrested for having allowed a praetor, whose authority was superior
to his own, to be accused before his tribunal.
Not satisfied with conciliating the good-will of the
people, Caesar won for himself the favor of the noblest dames of Rome; and,
notwithstanding his notorious passion for women, we cannot help discovering a
political aim in his choice of mistresses, since all. held by different ties to
men who were then playing, or were destined to play, an important part. He had
had intimate relations with Tertulla, the wife of
Crassus; with Mucia, wife of Pompey; with Lollia, wife of Aulus Gabinius,
who was consul in 696; with Postumia, wife of Servius
Sulpicius, who was raised to the consulship in 703, and persuaded to join
Caesar’s party by her influence; but the woman he preferred was Servilia, sister of Cato and mother of Brutus, to whom,
during his first consulship, he gave a pearl valued at six millions of
sestertii. This connection throws an air of improbability over the reports in
circulation, that Servilia favored an intrigue
between him and her daughter Tertia. Was it by the intermediation of Tertulla that Crassus was reconciled with Caesar? or was
that reconciliation due to the injustice of the Senate, and the jealousy of
Crassus towards Pompey? Whatever was the cause that brought them together,
Crassus seems to have made common cause with him in all the questions in which
he was interested, subsequent to the consulship of Cicero.
ATTEMPT OF CLODIUS (692).
At this period a great scandal arose. A young and
wealthy patrician, named Clodius, an ambitious and
violent man, conceived a passion for Pompeia,
Caesar’s wife; but the strict vigilance of Aurelia, her mother-in-law, made it
difficult to find opportunities for meeting privately. Clodius,
disguised in female apparel, chose, for the opportunity to enter her house, the
moment when she was celebrating, by night, attended by the matrons, mysteries
in honor of the Roman people. Now, it was forbidden to a male to be present at
these religious ceremonies, which it was believed that his presence even would
defile. Clodius, recognized by a female slave, was
expelled with ignominy. The pontiffs uttered the cry of sacrilege, and it
became the duty of the vestals to begin the mysteries anew. The nobles, who had
already met with an enemy in Clodius, saw in this act
a means to compass his overthrow, and at the same time to compromise Caesar.
The latter, without condescending to inquire whether Pompeia was guilty or not, repudiated her. A decree of the Senate, carried by four
hundred votes against fifteen, decided that Clodius must take his trial. He defended himself by pleading an alibi; and, with the
sole exception of Aurelia, not a witness came forward against him. Caesar
himself, when examined, declared that he knew nothing; and when asked to
explain his own conduct, replied, with equal regard to his honor and his
interest, “The wife of Caesar must be above suspicion!”. But Cicero, yielding
to the malicious suggestions of his wife Terentia,
came forward to assert that on the day of the event he had seen Clodius in Rome. The people showed its sympathy with the
latter, either because they deemed the crime one that did not deserve a severe
punishment, or because their religious scruples were not so strong as their
political passions. Crassus, on his part, directed the whole intrigue, and lent
the accused funds sufficient to buy his judges. They acquitted him by a
majority of thirty-one to twenty-five.
The Senate, indignant at this contradiction, passed,
on the motion of Cato, a bill of indictment against the judges who had suffered
themselves to be bribed. But as they happened to be knights, the equestrian
order made common cause with them, and
openly separated themselves from the Senate. Thus the outrage of Clodius had two serious consequences : first, it proved in
a striking manner the venality of justice; secondly, it once more threw the
knights into the arms of the popular party. But far other steps were taken to
alienate them. The farmers of the revenue demanded a reduction in the price of
the rents of Asia, on the ground that they had been leased to them at a price
that had become too high in consequence of the wars. The opposition of Cato
caused their demand to be refused. This refusal, though doubtless legal, was,
under the circumstances, in the highest degree impolitic.
POMPEY’S TRIUMPHAL RETURN (692).
Whilst at Rome dissensions were breaking out on all
occasions, Pompey had just brought the war in Asia to a close. Having defeated
Mithridates in two battles, he had compelled him to fly towards the sources of
the Euphrates, to pass thence into the north of Armenia, and finally to cross
thence to Dioscurias, in Colchis, on the western
shore of the Black Sea. Pompey had advanced as far as the Caucasus, where he
had defeated two mountain tribes, the Albanians and the Iberians, who disputed
his passage. When he had arrived within three days’ march of the Caspian,
having nothing more to fear from Mithridates, and surrounded by barbarians, he
began his retreat through Armenia, where Tigranes came to tender his
submission. Next, taking a southerly course, he crossed Mount Taurus, attacked
the King of Commagene, fought a battle with the King
of Media, invaded Syria, made alliance with the Parthians, received the
submission of the Nabathean Arabs and of Aristobulus,
King of the Jews, and took Jerusalem.
During this period, Mithridates, whose energy and
whose views appeared to expand in proportion to his dangers and his reverses,
was executing a bold scheme. He had passed round by the eastern coast of the
Black Sea, and, allying himself with the Scythians and the peoples of the
Crimea, he had reached the shores of the Cimmerian Hellespont; but he had still
more gigantic designs in his mind. His idea was to open communications with the
Celts, and so to reach the Danube, traverse Thrace, Macedonia, and Illyria,
cross the Alps, and, like Hannibal, descend upon Italy. Alone, he was great
enough to conceive this enterprise, but he was obliged to give it up; his army
deserted him, Pharnaces, his son, betrayed him, and he committed suicide at Panticapaeum (Kertch). By
this event the vast and rich territories that lie between the Caspian and the
Red Sea were placed at the disposal of Pompey. Pharnaces received the kingdom
of the Bosphorus. Tigranes, deprived of a portion of
his dominions, only preserved Armenia. Deiotarus,
tetrarch of Galatia, obtained an increase of territory, and Ariobarzanes obtained an enlargement of the kingdom of Cappadocia, which was re-established
in his favor. Various minor princes devoted to the Roman interests received
endowments, and thirty-nine towns were rebuilt or founded. Finally, Pontus,
Cilicia, Syria, Phoenicia, declared to be Roman provinces, were obliged to
accept the constitution imposed upon them by the conqueror. These countries
received .institutions which they preserved through several centuries. All the
shores of the Mediterranean, with the exception of Egypt, became tributaries of
Rome.
The war in Asia terminated, Pompey sent before him his
lieutenant, Pupius Piso Calpurnianus, who was soliciting the consulship, and who,
for that reason, requested an adjournment of the elections. This adjournment
was granted, and Piso unanimously elected consul for
the year 693, with M. Valerius Messala;
to such a degree did the terror of Pompey’s name make every one eager to grant
what he desired. For no one knew his designs; and it was feared lest, on his
return, he should again march upon Rome at the head of his victorious army. But
Pompey, having landed at Brundusium about the month
of January, 693, disbanded his army, and arrived at Rome, escorted only by the
citizens who had gone out in crowds to meet him. After the first display of
public gratitude, he found his reception different from that on which he had
reckoned, and domestic griefs came to swell the catalogue of his
disappointments. He had been informed of the scandalous conduct of his wife Mutia during his absence, and determined to repudiate her.
Envy, that scourge of a Republic, raged against him.
The nobles did not conceal their jealousy: it seemed as though they were taking
revenge for their own apprehensions, to which they were now adding their own
feelings of personal resentment. Lucullus had not forgiven him for having
frustrated his expectation of the command of the army of Asia. Crassus was
jealous of his renown; Cato, always hostile to those who raised themselves
above their fellows, could not be favorable to him, and had even refused him
the hand of his niece; Metellus Creticus cherished a bitter remembrance of attempts which had been made to wrest from
him the merit of conquering Crete; and Metellus Celer was offended at the repudiation of his sister Mutia. As for Cicero, whose opinion of men varied according
to their more or less deference for his merit, he discovered that his hero of
other days was destitute of rectitude and greatness of soul. Pompey, foreseeing
the ill feeling he was about to encounter, exerted all his influence, and spent
a large sum of money to. secure the election of Afranius,
one of his old lieutenants,'as consul. He reckoned
upon him to obtain the two things which he desired most: a general approval of
all his acts in the East, and a distribution of lands to his veterans.
Notwithstanding violent opposition, Afranius was elected,
with Q. Metellus Celer.
But, before proposing the laws which concerned him, Pompey, who till then had
not entered Rome, demanded a triumph. It was granted him, but for two days
only. However, the pageant was not the less remarkable for its splendor. It was
held on the 29th and 30th of September, 693.
Before him were carried boards on which were inscribed
the names of the conquered countries, from Judaea to the Caucasus, and from the
shores of the Bosphorus to the banks of the Euphrates;
the names of the towns and the number of the vessels taken from the pirates;
the names of thirty-nine towns repeopled; the amount of wealth brought into the
treasury, amounting to 20,000 talents, without counting his largesses to his soldiers, of whom he who received least had 1,500 drachmas. The public
revenues, which .before Pompey’s time amounted only to fifty millions of
drachmas, reached the amount of eighty-one millions and a half. Among the
precious objects that were exposed before the eyes of the Romans was the Dactylotheca (or collection of engraved stones) belonging
to the King of Pontus; a chess-board made of only two precious stones, but
which, nevertheless, measured four feet in length by three in breadth,
ornamented with a moon in gold, weighing thirty pounds; three couches for
dinner, of immense value; vases of gold and precious stones numerous enough to
load nine sideboards; thirty-three chaplets of pearls: three gold statues,
representing Minerva, Mars, and Apollo; a mountain of the same metal, on a
square base, decorated with fruits of all kinds, and with figures of stags and
lions, the whole encircled by a golden vine, a present from King Aristobulus; a
miniature temple dedicated to the Muses, and provided with a clock; a couch of
gold, said to have belonged to Darius, son of Hystaspes; murrhine vases; a
statue, in silver, of Pharnaces, King of Pontus, the conqueror of Sinope, and
the contemporary of Philip HI. of Macedon; a silver statue of the last
Mithridates, and a colossal bust of him in gold, eight cubits high, together
with his throne and sceptre; chariots armed with
scythes, and enriched with gilt ornaments; then the portrait of Pompey himself,
embroidered in pearls. Lastly, trees were now introduced for the first time as
rare and precious objects: these were the ebony-tree and the shrub which
produces balsam Before the chariot of Pompey came the Cretan Lasthenes and Panares, taken from
the triumph of Metellus Creticus;
the chiefs of the pirates; the son of Tigranes, King of Armenia, his wife and
his daughter; the widow of the elder Tigranes, called Zosima; Olthaces, chief of the Colchians; Aristobulus, King
of the Jews; the sister of Mithridates, with five of his sons; the wives of the
chieftains of Scythia; the hostages of the Iberians and Albanians,, and those
of the princes of Commagene. Pompey was in a chariot,
adorned with jewels, and dressed in the costume of Alexander the Great; and as
he had already three times obtained the honors of a triumph for his successes
in Africa, Europe, and Asia, a grand trophy was displayed, with this
inscription: “ Over the whole world!”
So much splendor flattered the national pride without
disarming the envious. Victories in the East had always been obtained without
extraordinary efforts, and therefore people had always depreciated their merit,
and Cato went so far as to say that in Asia a general had only women to fight
against. In the Senate, Lucullus, and other influential men of consular rank,
threw out the decree that was to ratify all the acts of Pompey; and yet, to
refuse to ratify either the treaties concluded with the kings, or the exchange
of the provinces, or the amount of tribute imposed upon the vanquished, was as
though they questioned all that he had done. But they went still further.
Towards the month of January, 694, the Tribune L.
Flavius proposed to purchase and appropriate to Pompey’s veterans, for purposes
of colonization, all the territory that had been declared public domain in the
year 521, and since sold; and to divide among the poor citizens the ager publicus of Volaterrae and Arretium, cities of Etruria, which had been confiscated by
Sylla, but not yet distributed. The expense entailed by these measures was to
be defrayed by five years’ revenue of the conquered provinces. Cicero, who
wished to gratify Pompey, without damaging the interests of those he termed his
rich friends, proposed that the ager publicus should be left intact, but that other lands of equal value should be purchased.
Nevertheless, he was in favor of the establishment of colonies, though two
years before he had called the attention of his hearers to the danger of such establishments;
he was ready to admit that that dangerous-populace, those dregs of the city,
must be removed to a distance from Rome, though in former days he had engaged
that same populace to remain in Rome, and enjoy their festivals, their games,
and their rights of suffrage. Finally, he proposed to buy private estates, and
leave the ager publicus intact; whereas, in his
speech against Rullus, he had blamed the
establishment of colonies on private estates as a violation of all precedent.
The eloquence of the orator, which had been powerful enough to cause the
rejection of the law of Rullus, was unsuccessful in
obtaining the adoption of that of Flavius; it was attacked with such violence
by the Consul Metellus, that the tribune caused him
to be put in prison ; but this act of severity having met with a general
disapproval, Pompey was alarmed at the scandal, and bade Flavius set the consul
at liberty, and abandoned the law. Sensitive to so many insults, and seeing his
prestige diminish, the conqueror of Mithridates regretted that he had disbanded
his army, and determined to make common cause with Clodius,
who then enjoyed an extraordinary popularity.
About the same period, Metellus Nepos, who had returned a second time to Italy with Pompey, was elected
Praetor, and obtained a law to abolish tolls throughout Italy, the exaction of
which had hitherto given rise to loud complaints. This measure, which had
probably been suggested by Pompey and Caesar, met with general approval; yet
the Senate made an unsuccessful attempt to have the name of the proposer erased
from the law: which shows, as Dio Cassius says, that
the assembly accepted nothing from its adversaries, not even an act of
kindness.
DESTINY REGULATES EVENTS.
Thus all the forces of society, paralyzed by intestine
divisions, and powerless for good, appeared to revive only for the purpose of
throwing obstacles in its way. Military glory and eloquence, those two
instruments of Roman power, inspired only distrust and envy. The triumph of the
generals was regarded not so much as a success for the Republic as a source of
personal gratification. The gift of eloquence still exercised its ancient
empire, so long as the orator remained upon the tribune; but scarcely had he
stepped down before the impression he had made was gone; the people remained
indifferent to brilliant displays of rhetoric that were employed to encourage
selfish passions, and not to defend, as heretofore, the great interests of the
fatherland.
It is well worthy of our attention that, when destiny
is driving a state of things towards an aim, there is, by a law of fate, a
concurrence of all forces in the same direction. Thither tend alike the attacks
and the hopes of those who seek change; thither tend the fears and the
resistance of those who would put a stop to every movement. After the death of
Sylla, Caesar was the only man who persevered in his endeavors to raise the
standard of Marius. Hence nothing more natural than that his acts and speeches
should bend in the same direction. But the fact on which we ought to fix our
attention is, the spectacle of the partisans of resistance and the system of
Sylla, the opponents of all innovation, helping, unconsciously, the progress of
the events which smoothed for Caesar the way to supreme power.
Pompey, the representative of the cause of the Senate,
gives the hardest blow to the ancient regime, by re-establishing the
tribuneship. The popularity which his prodigious successes in the East had won
for him, had raised him above all others; by nature, as well as by his
antecedents, he leaned to the aristocratic party; the jealousy of the nobles
throws him into the popular party and into the arms of Caesar.
The Senate, on its part, while professing to aim at
the preservation of all the old institutions intact, abandons them in the
presence of danger; through jealousy of Pompey, it leaves to the tribunes the
initiative in all laws of general interest; through fear of Catiline, it lowers
the barriers that had been raised between new men and the consulship, and confers
that office upon Cicero. In the trial of the accomplices of Catiline, it
violates both the forms of justice and the chief safeguard of the liberty of
the citizens, the right of appeal to the people. Instead of remembering that
the best policy in circumstances of peril is to confer upon men of importance
some brilliant mark of acknowledgment for the services they have rendered to
the State, either in good or bad fortune; instead of following, after victory,
the example given after defeat by the ancient Senate, which thanked Varro
because he had not despaired of the Republic, the Senate shows itself
ungrateful to Pompey, gives him no credit for his moderation, and, when it can
compromise him, and even bind him by the bonds of gratitude, it meets his most
legitimate demands with a refusal, a refusal which will teach generals to come
that, when they return to Rome, though they have increased the territory of the
Commonwealth, though they have doubled the revenues of the Republic, if they
disband their army the approval of their acts will be disputed, and an attempt
made to bargain with their soldiers for the reward due to their glorious
labors.
Cicero himself, who is desirous of maintaining the old
state of things, undermines it by his language. In his speeches against Verres,
he denounces the venality of the Senate, and the extortions of which the
provinces complain; in others, he unveils in a most fearful manner the
corruption of morals, the traffic in offices, and the dearth of patriotism
among the upper classes; in pleading for the Manilian Law, he maintains that there is need of a strong power in the hands of one
individual to insure order in Italy and glory abroad; and it is after he has
exhausted all the eloquence at his command in pointing out the excess of the
evil and the efficacy of the remedy, that he thinks it is possible to stay the
stream of public opinion by the chilling counsel of immobility.
Cato declared that he was for no innovations whatever;
yet he made them more than ever indispensable by his own opposition. No less
than Cicero, he threw the blame on the vices of society; but whilst Cicero
wavered often through the natural fickleness of his mind, Cato, with the
systematic tenacity of a stoic, remained inflexible in the application of
absolute rules. He opposed every thing, even schemes
of the greatest utility; and, standing in the way of all concession, rendered
personal animosities as hard to reconcile as political factions. He had
separated Pompey from the Senate by causing all his proposals to be rejected;
he had refused him his niece, notwithstanding the advantage for his party of an
alliance which would have impeded the designs of Caesar. Regardless of the
political consequences of a system of extreme rigor, he had caused Metellus to be deposed when he was tribune, and Caesar when
he was praetor; he caused Clodius to be put upon his
trial; he impeached his judges, without any foresight of the fatal consequences
of an investigation which called in question the honor of an entire order. This
inconsiderate zeal had rendered the knights hostile to the Senate; they became
still more so by the opposition offered by Cato to the reduction of the price
of the farms of Asia. And thus Cicero, seeing things in their true light, wrote
as follows to Atticus: “With the best intentions in the world, Cato is ruining
us: he judges things as if we were living in Plato’s Republic, while we are
only the dregs of Romulus.”
Nothing, then, arrested the march of events; the party
of resistance hurried them forward more rapidly than any other. It was evident
that they progressed towards a revolution; and a revolution is like a river,
which overflows and inundates. Caesar aimed at digging a bed for it. Pompey,
seated proudly at the helm, thought he could command the waves that were
sweeping him along. Cicero, always irresolute, at one moment allowed himself to
drift with the stream, at another thought himself able to stem it with a
fragile bark. Cato, immovable as a rock, flattered himself that alone he could
resist the irresistible stream that was carrying away the old order of Roman
society.
CHAPTER IV.
(693-695.)
CAESAR PROPRIETOR IN SPAIN (693)
Whilst at Rome ancient reputations were sinking in
struggles destitute alike of greatness and patriotism, others, on the contrary,
were rising in the camps, through the lustre of
military glory. Caesar, on quitting his praetorship, had gone to Ulterior Spain
(Hispania Ulterior), which had been assigned to him by lot. His creditors had
vainly attempted to retard his departure; he had had recourse to the credit of
Crassus, who had been his security for the sum of 830 talents. He had not even
waited for the instructions of the Senate, which, indeed, could not be ready
for some time, as that body had deferred all affairs concerning the consular
provinces till after the trial of Clodius, which was
only terminated in April, 693. This eagerness to reach his post could not therefore
be caused by fear of fresh prosecutions, as has been supposed; but its motive
was the desire to carry assistance to the allies, who were imploring the
protection of the Romans against the Mountaineers of Lusitania. Always devoted
without reserve to those whose cause he espoused, he took with him into Spain his
client Masintha, a young African of high birth, whose
cause he had recently defended at Rome with extreme zeal, and whom he had
concealed in his house after his condemnation, to save him from the
persecutions of Juba, son of Hiempsal, King of
Numidia.
It is related that, in crossing the Alps, Caesar
halted at a village, and his officers asked him, jocularly, if he thought that
even in that remote place there were solicitations and rivalries for office. He
answered, gravely, “I would rather be first among these savages than second in
Rome.” This anecdote, which is more or less authentic, is repeated as a proof
of Caesar’s ambition. Who doubts his ambition? The important point to know is
whether it were legitimate or not, and if it were to be exercised for the
salvation or the ruin of the Roman world. After all, is it not more honorable
to admit frankly the feelings which animate us, than to conceal, as Pompey did,
the ardor of desire under the mask of disdain?
On his arrival in Spain, he promptly raised ten new
cohorts, which, joined to the twenty others already in the country, furnished
him with three legions, a force sufficient for the speedy pacification of the
province. Its tranquillity was incessantly disturbed
by the depredations of the inhabitants of Mount Herminium,
who ravaged the plain. He required them to establish themselves there, but they
refused. Caesar then began a rough mountain war, and succeeded in reducing them
to submission. Terrified by this example, and dreading a similar fate, the
neighboring tribes conveyed their families and their most precious effects
across the river Durius (Douro). The Roman general
hastened to profit by the opportunity, penetrated into the valley of the
Mondego to take possession of the abandoned towns, and went in pursuit of the
fugitives. The latter, on the point of being overtaken, turned, and resolved to
accept battle, driving their flocks and herds before them, in the hope that, through this stratagem, the Romans would leave
their ranks in their eagerness to secure the booty, and so be more easily overcome.
But Caesar was not the man to be caught in this clumsy trap; he left the
cattle, went straight at the enemy, and routed them. Whilst occupied in the
campaign in the north of Lusitania, he learnt that in his rear the inhabitants of
Mount Herminium had revolted again with the design of
closing the road by which he had come. He then took another; but they made a
further attempt to intercept his passage by occupying the country between the
Serra Albardos and the sea. Defeated, and their
retreat cut off, they were forced to fly in the direction of the ocean, and
took refuge in an island now called Peniche de Cima, which, being no longer entirely
separated from the continent, has become a peninsula. It is situated about
twenty- five leagues from Lisbon. As
Caesar had no ships, he ordered rafts to be constructed, on which some troops
crossed. The rest thought that they might venture through some shallows, which,
at low tide, formed a ford; but, desperately attacked by the enemy, they were,
as they retreated, engulfed by the rising tide. Publius Scaevius,
their chief, was the only man who escaped, and he, notwithstanding his wounds,
succeeded in reaching the mainland by swimming. Subsequently, Caesar obtained
some ships from Cadiz, crossed over to the island with his army, and defeated
the barbarians. Thence he sailed in the direction of Brigantium (now La Corogne), the inhabitants of which,
terrified at the sight of the vessels, which were strange to them, surrendered
voluntarily. The whole of Lusitania became tributary to Rome.
Caesar received from his soldiers the title of Imperator.
When the news of his successes reached Rome, the Senate decreed in his honor a
holiday, and granted him the right of a triumph, on his return. The expedition
ended, the conqueror of the Lusitanians took in hand the civil administration,
and caused justice and concord to reign in his province. He merited the gratitude
of the Spaniards by suppressing the tribute imposed by Metellus Pius during the war against Sertorius. Above all, he applied himself to putting
an end to the differences that arose each day between debtors and creditors, by
ordaining that the former should devote, every year, two-thirds of their income
to the liquidation of their debts; a measure which, according to Plutarch,
brought him great honor. This measure was, in fact, an act which tended to the
preservation of property; it prevented the Roman usurers from taking
possession of a debtor’s entire capital to reimburse themselves; and we shall
see that Caesar made it of general application when he became dictator.
Finally, having healed their dissensions, he loaded the inhabitants of Cadiz
with benefits, and left behind him laws, the happy influence of which was felt
for a long period. He abolished among the people of Lusitania their barbarous
customs, some of which went as far as the sacrifice of human victims. It was
there that he became intimate with a man of consideration in Cadiz, L.
Cornelius Balbus, who became magister fabrorum (chief engineer) during his Gaulish wars, and who was defended by Cicero when his right
of Roman citizen was called in question.
Though he administered his province with the greatest
equity, yet, during his campaign, he had amassed a rich booty, which enabled
him to reward his soldiers, and to pay considerable sums into the treasury,
without being accused of peculation or of arbitrary acts. His conduct as propraetor of Spain was praised by all, and among others by
Mark Antony, in a speech pronounced after Caesar’s death.
It was not, then, as Suetonius pretends, by the
begging of subsidies (for a general hardly begs at the head of an army), nor
was it by an abuse of power, that he amassed such enormous riches; he obtained
them by contributions of war, by a good administration, and even by the
gratitude of those whom he had governed.
CAESAR DEMANDS TRIUMPH AND CONSULSHIP (694).
Caesar returned to Rome towards the month of June
without waiting for the arrival of his successor. This return, which the
historians describe as hasty, was by no means so, since his regular authority
had expired in the month of January, 694. But he was determined to be present
at the approaching meeting of the consular comitia; he presented himself with
confidence, and whilst preparing for his triumph, demanded at the same time
permission to become a candidate for the consulship. Invested with the title of
Imperative, having, by a rapid conquest, extended the limits of the empire to
the northern shores of the Ocean, he might justly aspire to this double
distinction; but it was granted with difficulty. To obtain a triumph, it was
necessary to remain without the walls of Rome, to retain the lictors and
continue the military uniform, and to wait till the Senate should fix the date
of entry. To solicit for the consulship, it was necessary, on the contrary, to
be present in Rome, clad in a white robe, the costume of those who were
candidates for public offices, and to reside there several days previous to the
election. The Senate had not always considered these two demands incompatible:
it would perhaps even have granted this indulgence to Caesar, had not Cato, by
speaking till the end of the day, rendered all deliberation impossible. He had
not, however, been so severe in 684; but it was because, on that occasion,
Pompey was triumphing in reality over Sertorius, that foe to the aristocracy,
though officially it was only talked of as a victory over the Spaniards. Constrained to choose between an idle pageant
and real power, Caesar did not hesitate.
The ground had been well prepared for his election.
His popularity had been steadily on the increase; and the Senate, too much
elated by its successes, had estranged those who possessed the greatest
influence. Pompey, discontented at the uniform refusals with which his just
demands had been met, knew well also that the recent law, declaring enemies of
the State those who bribed the electors, was a direct attack against himself,
since he had openly paid for the election of the Consul Afranius;
but, always infatuated with his own personal attractions, he consoled himself
for his checks by strutting about in his gaudy, embroidered robe. Crassus, who
had long remained faithful to the aristocratic party, had become its enemy, on
account of the ill-disguised jealousy of the nobles towards him, and their
intrigues to implicate him with Caesar in the conspiracy of Catiline. However,
though he held in his hands the strings of many an intrigue, he was fearful of
compromising himself, and shrank from declaring in public against any man in
credit. Lucullus, weary of warfare and of intestine struggles, was
withdrawing from politics in order to enjoy his vast wealth in tranquillity. Catulus was dead,
and the majority of the nobles were ready to follow the impulse given them by
certain enthusiastic senators, who, caring little about public affairs, thought
themselves the happiest of men if they had in their fishponds carp sufficiently
tamed to come and eat out of their hands. Cicero felt his own solitary
position. The nobles, whose angry feelings he had served, now that the peril
was over, regarded him as no better than an upstart. Therefore, he prudently
changed his principles; he, the exterminator of conspirators, had become the
defender of P. Sylla, one of Catiline’s accomplices, and procured his acquittal
in the teeth of the evidence; he, the energetic opponent of all partitions of
land, had spoken in favor of the agrarian law of Flavius. He wrote to Atticus,
“I have seen that those men whose happiness belongs to the passing hour, those
illustrious lovers of fishponds, are no longer able to conceal their jealousy
of me; so I have sought more solid support.”
In a word, he had made overtures to Pompey, though in
secret he admitted that he possessed neither greatness of mind nor nobleness of
heart. “He only knows how to curry favor and flatter the people,” he said; “and
here am I bound to him on such terms that our interest, as individuals, is
served thereby; and, as statesmen, we can both act with greater firmness. The
ill-will of our ardent and unprincipled youth had been excited against me. I
have been so successful in bringing it round by my address, that at present it
cares for no one but me. Finally, I am careful to wound no man’s feelings, and
that without servileness or popularity-hunting. My
entire conduct is so well planned, that, as a public man, I yield in nothing;
and as a private individual, who knows the weakness of honest men, the
injustice of the envious, and the hatred of the wicked, I take my precautions
and act with prudence.”
Cicero deceived himself with regard to the causes of
his change of party, and did not acknowledge to himself the reasons that
constrained him to look out for powerful patrons. Like all men destitute of
force of character, instead of openly confessing the motives of his conduct, he
justified himself to his friends by pretending that, so far from having altered
his own opinions, it was he who was converting Pompey, and would soon make the
same experiment upon Caesar. “You rally me pleasantly,” he wrote to Atticus,
“on the subject of my intimacy with Pompey; but do not fancy that I have
contracted it out of regard for my personal safety. It is all the effect of
circumstances. When there was the slightest disagreement between us, there was
trouble in the State. I have laid my plans and made my conditions, so that,
without laying aside my own principles, which are good, I have led him to
better sentiments. He is somewhat cured of his madness for popularity. ... If I
am equally successful with Caesar, whose ship is now sailing under full canvas,
shall I have done great harm to the State?” Cicero, like all men whose strength
lies in eloquence, felt that he could play no important part, or even secure
his own personal safety, unless he allied himself with men of the sword.
Whilst at Rome the masters of the world were wasting
their time in mean quarrels, alarming news came suddenly to create a diversion
in political intrigue. Information was brought that that the Gaulish allies on the banks of the Saone had been defeated
by the Germans, that the Helvetii were in arms, and making raids beyond their
frontiers. The terror was universal. Fears were entertained of a fresh invasion
of the Cimbri and Teutones; and, as always happened on such occasions, a
general levy, without exception, was ordered. The consuls of the previous year
drew lots for their provinces, and it was decided to dispatch commissioners to
come to an understanding with the Gaulish tribes,
with a view to resist foreign invasions. The names of Pompey and Cicero were at
once pronounced; but the Senate, influenced by different motives, declared that
their presence was too necessary in Rome to allow them to be sent away. They
were unwilling to give the former an opportunity of again distinguishing
himself, or to deprive themselves of the concurrence of the latter.
ALLIANCE OF CAESAR, POMPEY, AND CRASSUS.
News of a more reassuring character having been
received from Gaul, the fear of war ceased for a time, and things had returned
to their customary course when Caesar came home from Spain. In the midst of
conflicting opinions and interests, the presence of a man of steady purpose and
deeply-rooted convictions, and illustrious through recent victories, was,
without any doubt, an event. He did not require long to form his estimate of
the situation; and as he could not as yet unite the masses by the realization
of a grand idea, he thought to unite the chiefs by a common interest.
All his endeavors from that time were devoted to
making Pompey, Crassus, and Cicero share his ideas. The first had been rather
ill disposed towards him. On his return from his campaign against Mithridates,
Pompey had called Caesar his Egistheus, in allusion
to the intrigue which, he had had with his wife Mucia,
whilst he, like Agamemnon, was making war in Asia. Resentment, on this account,
usually slight enough among the Romans, soon disappeared before the exigencies
of political life. As for Crassus, who had long been separated from Pompey by a
jealous feeling of rivalry, it needed all Caesar’s tact, and all the seduction
of his manners, to induce him to become reconciled with his rival. But, to
bring them both to follow the same line of conduct, it was necessary, over and
above this, to tempt them with such powerful motives as would insure
conviction. The historians, in general, have given no other reason to account
for the agreement of these three men than personal interest. Doubtless, Pompey
and Crassus were not insensible to a combination that favored their love of
power and wealth ; but we ought to lend Caesar a more elevated motive, and
suppose him inspired by a genuine patriotism.
The condition of the Republic must have appeared thus
to his comprehensive grasp of thought: The Roman dominion, stretched, like some
vast figure, across the world, clasps it in her sinewy arms; and whilst her
limbs are full of life and strength, the heart is wasting by decay. Unless some
heroic remedy be applied, the contagion will soon spread from the centre to the extremities, and the mission of Rome will
remain unfinished! Compare with the present the prosperous days of the
Republic. Recollect the time when envoys from foreign nations, doing homage to
the policy of the Senate, declared openly that they preferred the protecting
sovereignty of Rome to independence itself. Since that period, what a change
has taken place! All nations execrate the power of Rome, and yet that power
preserves them from still greater evils. Cicero is right: “Let Asia think well
of it: there is not one of the woes that are bred of war and civil strife that
she would not experience did she cease to live under our laws.” And this advice
may be applied to all the countries whither the legions have penetrated. If,
then, fate has willed that the nations are to be subject to the sway of a
single people, it is the duty of that people, as charged with the execution of
the eternal decrees, to be, towards the vanquished, as just and equitable as
the Divinity, since he is as inexorable as destiny. How are we to fix a limit
to the arbitrary conduct of proconsuls and propraetors,
which all the laws promulgated for so many years have been powerless to check ?
How put a stop to the exactions committed at all points of the empire, if a
firmer and stronger direction do not emanate from the central power?—The
Republic pursues an irregular system of encroachment, which will exhaust its
resources; it is impossible for her to fight against all nations at once, and
at the same time to maintain her allies in their allegiance, if, by unjust
treatment, they are driven to revolt. The enemies of the Republic must be
diminished in number by restoring their freedom to the cities which are worthy
of it, and acknowledging as friends of the Roman people those nations with whom
there is a chance of living in peace. Our most dangerous enemies are the Gauls,
and it is against this turbulent and warlike nation that all the strength of
the State ought to be directed.—In Italy, and under this name Cisalpine Gaul
must be included, how many citizens are deprived of political rights! At Rome,
how many of the proletaries are living on the charity either of the rich or of
the State! Why should we not extend the Roman commune as far as the Alps, and
why not augment the race of laborers and soldiers by making them landowners?
The Roman people must be raised in its own eyes, and the Republic in the eyes
of the world!—Absolute liberty of speech and vote was a great benefit, when,
modified by morality, and restrained by a powerful aristocracy, it gave scope
to individual faculties without damaging the general well-being; but, ever
since the morality of ancient days disappeared with the aristocracy, we have
seen the laws become weapons of war for the use of parties, the elections a
traffic, the forum a battlefield; while liberty is nothing more than a never
ending cause of weakness and decay.—Our institutions cause such uncertainty in
our councils, and such independence in our offices of state, that we search in
vain for that spirit of order and control which are indispensable elements in
the maintenance of so vast an empire. Without overthrowing institutions which
have given five centuries of glory to the Republic, it is possible, by a close
union of the most worthy citizens, to establish in the State a moral authority,
which governs the passions, tempers the laws, gives a greater stability to
power, directs the elections, maintains the representatives of the Roman people
in their duty, and frees us from the two most serious dangers of the present:
the selfishness of the nobles and the turbulence of the mob. This is what they
may realize by their union; their disunion, on the contrary, will only
encourage the fatal conduct of these men who are endangering the future
equally, some by their opposition, the others by their headlong violence.
These considerations must have been easily understood
by Pompey and Crassus, who had themselves been actors in such great events, witnesses
of so much blood shed in civil wars, of so many noble ideas, triumphing at one
moment and overthrown the next. They accepted Caesar’s proposal, and thus was
concluded an alliance which is wrongly termed the First Triumvirate. As for
Cicero, Caesar tried to persuade him to join the compact which had just been
formed, but he refused to become one of what he termed a party of friends.
Always uncertain in his conduct, always divided between his admiration for
those who held the sovereign power and with his engagements with the
oligarchy, and uneasy for the future which his foresight could not penetrate,
he set his mind to work to pre-vent the success of every measure which he
approved as soon as it had succeeded. The alliance which these three persons ratified
by their oaths remained long a secret; and it was only during Caesar’s
consulship that it became matter of public notoriety, from the unanimity they
displayed in all their political resolutions. Caesar then set energetically to
work to unite in his own favor every chance that could render his election
certain.
Among the candidates was L. Lucceius.
Caesar was desirous of attaching to his cause this person, who was
distinguished alike by his writings and his character, and who, possessed of
vast wealth, had promised to make abundant use of it for their common profit,
in order to command the majority of votes in the centuries. “The aristocratic
faction,” says Suetonius, “ on learning this arrangement, was seized with fear.
They thought that there was nothing which Caesar would not attempt in the
exercise of the sovereign magistracy, if he had a colleague who agreed with
him, and who would support all his designs.” The nobles, unable to eject him,
resolved to give him Bibulus for a colleague, who had already been his
colleague in the edileship and the praetorship, and
had constantly shown himself his opponent. They all made a pecuniary
contribution to influence the elections; Bibulus spent large sums, and the
incorruptible Cato himself, who had solemnly sworn to impeach anyone who should
be guilty of bribery, contributed his quota, owning that for the interest of
the State his principles must for once yield. Neither was Cicero more
inflexible: some time before, he expressed to Atticus the necessity of purchasing
the concurrence of the equestrian order. We can see how even the most honorable
were swept along, by the force of events, in the current of a corrupt
By the force of public opinion, and by the support of
the two men of greatest influence, Caesar was elected consul unanimously, and
conducted, according to custom, from the Campus Martius to his own house by an
enthusiastic crowd of his fellow-citizens, and a vast number of senators.
If the party opposed to Caesar had been unable to
stand in the way of his becoming consul, it did not despair of preventing his
playing the important part he had a right to expect as pro- consul. To effect
this, the Senate determined to evade the law of Caius Gracchus, which, to
prevent the assignment of provinces from personal considerations, provided
that' it should take place before the comitia were held. The assembly,
therefore, departing from the rule, assigned to Caesar and his colleague, by an
act of flagrant ill-will, the supervision of the public roads and forests, an
office, somewhat similar, it is true, to that of governor of a province. This
humiliating appointment, proof as it was of a persevering hostility, wounded
him deeply; but the duties of his new office imposed silence upon his
resentments. Caesar, the consul, would forget the wrongs done to Caesar the
man, and generously attempt a policy of conciliation.
CHAPTER V.
CONSULSHIP OF CAESAR AND BIBULUS.
(695).
Caesar has arrived at the first magistracy of the
Republic. Consul with Bibulus at the age of forty-one, he has not yet acquired
the just celebrity of Pompey, nor does he enjoy the treasures of Crassus, and
yet his influence is perhaps greater than that of those two personages.
Political influence, indeed, does not depend solely on military successes or on
the possession of immense riches; it is acquired especially by a conduct always
in accord with fixed convictions. Caesar alone represents a principle. From the
age of eighteen, he has faced the anger of Sylla and the hostility of the
aristocracy, in order to plead unceasingly the grievances of the oppressed and
the rights of the provinces.
So long as he is not in power, being exempt from
responsibility, he walks invariably in the way he has traced, listens to no
compromise, pursues unsparingly the adherents of the opposite party, and
maintains his opinions energetically, at the risk of wounding his adversaries;
but, once consul, he lays aside all resentment, and makes a loyal appeal to all
who will rally round him; he declares to the Senate that he will not act without
its concurrence, that he will propose nothing contrary to its prerogatives. He
offers his colleague Bibulus a generous reconciliation, conjuring him, in the
presence of the senators, to put a term to differences of opinion, the effects
of which, already so much to be regretted during their common edileship and praetorship, would become fatal in their new
position. He makes advances to Cicero, and, after sending Cornelius Balbus to him in his villa of Antium to assure him that he is ready to follow his counsels and those of Pompey,
offers to take him as an associate in his labors.
Caesar must have believed that these offers of co-operation
would be embraced. In face of the perils of a society deeply agitated, he
supposed that others had the same sentiments which animated himself. Love of
the public good, and the consciousness of having entirely devoted himself to
it, gave him that confidence without reserve in the patriotism of others which
admits neither mean rivalries nor the calculations of selfishness: he was
deceived. The Senate showed nothing but prejudices, Bibulus but rancors, Cicero but a false pride.
It was essential for Caesar to unite Pompey, who was
wanting in firmness of character, more closely with his destinies; he gave him
in marriage his daughter Julia, a young woman of twenty-three years of age,
richly endowed with graces and intelligence, who had already been affianced to Servilius Csepio. To compensate
the latter, Pompey promised him his own daughter, though she also was engaged
to another, to Faustus, the son of Sylla. Soon afterwards Caesar espoused Calpurnia,
the daughter of Lucius Piso. Cato protested energetically
against these marriages, which he qualified as disgraceful traffics with the
common weal. The nobles, and especially the two Curios, made themselves the
echoes of this reprobation. Their party, nevertheless, did not neglect to
strengthen themselves by such alliances. Doubtless, when Cato gave his daughter
to Bibulus, it was for a political motive; and when he ceded his own wife to Hortensius, although the mother of three children, to take
her back again when enriched by the death of her last husband, there was also
an interest hardly honorable, which Caesar subsequently unveiled in a book
entitled Anti-Cato.
The first care of the new consul was to establish the
practice of publishing daily the acts of the Senate and those of the people, in
order that public opinion might bear with all its Weight upon the resolutions
of the conscript fathers, whose deliberations had previously been often secret.
The initiative taken by Caesar from the commencement of his consulship, in
questioning the senators on the projects of laws, is an evidence that he had
the fasces before Bibulus. We know, in fact, that the consuls enjoyed this
honor alternately for a month, and it was in the period when they were invested
with the signs distinctive of power that they were permitted to ask the advice
of the senators.
AGRARIAN LAWS.
He proposed, next, in the month of January, an
agrarian law founded upon wise principles, and which respected all legitimate
rights. The following were its principal provisions :—Partition of all the
free part of the ager publicus, except that of
Campania and that of Volaterrae; the first excepted
originally on account of its great fertility, and the second guaranteed to all
those who had got it into their possession.—In case of insufficiency of
territory, new acquisitions, by means either of money coming from Pompey’s
conquests, or from the overplus of the public revenues.—Prohibition of all
appropriation by force.—The nomination of twenty commissioners to preside at
the distribution of the lands, with exclusion of the author of the
proposal.—Estimate of private lands for sale, made according to the declaration
at the last census, and not according to the valuation of the
commissioners.—Obligation upon each senator to swear obedience to the law, and
to engage never to propose any thing contrary to it.
It was, as may be seen, the project of Rullus, relieved from the inconveniences pointed out with
so much eloquence by Cicero. In fact, instead of ten commissioners, Caesar
proposed twenty, in order to distribute among a greater number a power of which
men feared the abuse. He himself, to avoid all suspicion of personal interest,
excluded himself from the possibility of forming part of it. The commissioners
were not, as in the law of Rullus, authorized to act
according to their will, and tax the properties arbitrarily. Acquired rights
were respected; those territories only were distributed of which the State had
still the full disposal. The sums arising from Pompey’s conquests were to be
employed in favor of the old soldiers; and Caesar said himself that it was just
to give the profit of that money to those who had gained it at the peril of
their lives. As to the obligation of the oath imposed upon the senators, it was
not an innovation, but an established custom. In the present case, the law
having been voted before the elections, all the candidates, and especially the
tribunes of the following year, had to take the engagement to observe it.
“Nobody,” says Dio Cassius,
“had reason for complaint on this subject. The population of Rome, the
excessive increase of which had been the principal aliment of seditions, was
called to labor and a country life; the greater part of the countries of Italy,
which had lost their inhabitants, were repeopled. This law insured means of
existence not only to those who had supported the fatigues of the war, but also
to all the other citizens, without causing expenditure to the State or loss to
the nobles; on the contrary, it gave to several honors and power.”
Thus, while some historians accuse Caesar of seeking
in the populace of Rome the point of support for his ambitious designs, he, on
the contrary, obtains a measure, the effect of which is to transport the
turbulent part of the inhabitants of the capital into the country.
Caesar, then, read his project to the Senate; after
which, calling the senators by their names, one after the other, he asked the
opinion of each, declaring his readiness to modify the law, or withdraw it
altogether, if it were not agreeable to them. But, according to Dio Cassius, “It was unassailable, and if any disapproved
of it, none dared to oppose it; what afflicted its opponents most was, that it
was drawn up in such a manner as to leave no room for a complaint.” So the
opposition was limited to adjourning from time to time, under frivolous
pretexts. Cato, without making a direct opposition, alleged the necessity of
changing nothing in the constitution of the Republic, and declared himself the
adversary of all kind of innovation; but when the moment came for voting, he
had recourse again to his old tactics, and rendered all deliberation impossible
by speaking the entire day, by which he had already succeeded in depriving
Caesar of the triumph. The latter lost patience, and sent the obstinate orator
to prison; Cato was followed by a great number of senators, and M. Petreius, one of them, replied to the consul, who
reproached him for withdrawing before the meeting was closed: “I would rather
be in prison with Cato than here with thee.” Regretting, however, this first
movement of anger, and struck by the attitude of the assembly, Caesar
immediately restored Cato to liberty; then he dismissed the Senate, addressing
them in the following words: “I had made you supreme judges and arbiters of
this law, in order that, if any one of its provisions displeased you, it should
not be referred to the people; but, since you have refused the previous deliberation,
the people alone shall decide it.”
His attempt at conciliation having failed with the
Senate, he renewed it towards his colleague, and, in the assembly of the
tribes, adjured Bibulus to support his proposal. On their side, the people
joined their entreaties with those of Caesar; but Bibulus, inflexible, merely
said: “You will not prevail with me, though you were all of one voice; and, as
long as I shall be consul, I will suffer no innovation.”
Then Caesar, judging other influences necessary, appealed
to Pompey and Crassus. Pompey seized happily this opportunity for speaking to
the people: he said that he not only approved the agrarian law, but that the
senators themselves had formerly admitted the principle, in decreeing, on his
return from Spain, a distribution of lands to his soldiers and to those of Metellus; if this measure had been deferred, it was on
account of the penury of the treasury, which, thanks to him, had now ceased.
Then, replying to Caesar, who asked him if he would
support the law in case it were opposed by violence, “If any one dared to draw
his sword,” he cried, “I would take even my buckler,” meaning by that, that he
would come into the public place armed as for the combat. This bold declaration
of Pompey, supported by Crassus and Caepio, silenced
all opposition, except that of Bibulus, who, with three tribunes, his
partisans, called an assembly of the Senate in his own house, where it was
resolved that, at all risk, the law should be openly rejected.
The day of meeting of the comitia having been fixed,
the populace occupied the Forum during the night. Bibulus hurried, with his
friends, to the temple of Castor, where his colleague was addressing the
multitude; he tried in vain to obtain a hearing, was thrown down from the top
of the steps, and obliged to fly, after seeing his fasces broken to pieces, and
two tribunes wounded. Cato, in his turn, tried to mount the rostra; expelled by
force, he returned, but, instead, of treating of the question, seeing that
nobody listened to him, he attacked Caesar with bitterness, until he was
dragged a second time from the tribune. Calm being restored, the law was
adopted. Next day Bibulus tried to propose to the Senate its abrogation; but
nobody supported him, such was the effect of this burst of popular enthusiasm :
from this moment, he took the part of shutting himself up at home during the
residue of Caesar’s consulship. When the latter presented a new law on the days
of the comitia, he contented himself with protesting, and with sending by his
lictors to say that he was observing the sky, and that, consequently, all
deliberation was illegal. This was to proclaim loudly the political aim of this
formality.
The consuls, praetors, and generally all those who
presided at an assembly of the people, or even who attended in quality of
magistrates, had a right of veto, founded on popular superstition. This right
was exercised by declaring that a celestial phenomenon had been observed by
them, and that it was no longer permitted to deliberate. Jupiter darting
thunder or rain, all treating on affairs with the people must be stopped; such
was the text of the law, religious or political, published in 597. It was not
necessary that it should thunder or rain, in fact; the affirmation of a
magistrate qualified to observe the sky being enough.
Caesar was far from yielding to this religious
scruple, which, indeed, had lost its authority. At this very time Lucretius
wrote a bold poem against the popular credulity, and for some time the
observation of the auspices had been regarded as a puerile superstition; two
centuries and a half before, a great captain had given a remarkable proof of
this. Hannibal, then a refugee at the court of King Prusias,
engaged the latter to accept his plans of campaign against the Romans; the king
refused, because the auspices had not been favorable. “What!” cried Hannibal, “have
you more confidence in a miserable calf’s liver than in the experience of an
old general like me?”
Be this as it may, the obligation not to hold the
comitia while the magistrate was observing the sky was a law; and to excuse
himself for not having observed it, as well as to prevent his acts from being
declared null, Caesar, before quitting his office, brought the question before
the Senate, and thus obtained a legal ratification of his conduct.
The law being adopted by the people, each senator was
called to take his oath to observe it. Several members, and among others, Q. Metellus Celer, M. Cato, and M.
Favonius, had declared that they would never submit to it; but when the day of
taking the oath arrived, their protests vanished before the fear of the
punishment decreed against those who abstained, and, except Laterensis,
everybody, even Cato, took the oath.
Irritated at the obstacles which he had encountered,
and sure of the approval of the people, Caesar included, by a new law, in the
distribution of the public domain, the lands of Campania and of Stella, omitted
before out of deference to the Senate.
In carrying the law into effect, Pompey’s veterans
received lands at Casilinum, in Campania; at Minturnae, Lanuvium, Volturnum, and Aufidena, in Samnium; and at Bovianum; Clibae, and Veii, in Etruria; twenty thousand fathers
of families having more than three children were established in Campania, so
that about a hundred thousand persons became husbandmen, and repeopled with free men a great portion of the territory, while Rome was
relieved from a populace which was inconvenient and debased. Capua became a
Roman colony, which was a restoration of the democratic work of Marius,
destroyed by Sylla. It appears that the ager of Leontinum,
in Sicily, was also comprised in the agrarian law. The nomination of the twenty
commissioners, chosen among the most commendable of the consulars,
was next proceeded with. Of the number were C. Cosconius and Atius Balbus, the
husband of Caesar’s sister. Clodius could not obtain
admission among them, Q and Cicero, after the death of Cosconius,
refused to take his place. The latter,
in his letters to Atticus, blames especially the distribution of the territory
of Capua, as depriving the Republic of an important revenue; and inquires what
will remain to the State, unless it be the twentieth on the enfranchisement of
slaves, since the rights of toll had already been abandoned through the whole
of Italy; but it was objected with reason that, on the other hand, the State
was relieved from the enormous charges imposed by the necessity of distributing
wheat to all the poor of Rome.
Nevertheless, the allotment of the ager Campanus and of the ager of Stella met with many delays; it
was not yet terminated in 703, since at that epoch Pompey was advised to hasten
the distribution of the last-mentioned lands, in order that Caesar, on his
return from Gaul, might not have the merit of it.
CAESAR’S VARIOUS LAWS
We have seen how, in previous years, Cato was instrumental
in refusing the request of those who farmed the taxes of Asia to have the terms
of their leases lowered. By this rigorous measure, the Senate had estranged
from itself the equestrian order, whose complaints had been far from
unreasonable. In fact, the price paid for the farming of the revenues of Asia
had, been heavy during the war against Mithridates, as may be learnt from the
speech of Cicero against the Manilian law; and the
remission of a portion of the money due to the State was a measure not without
some show of justice to excuse it. Caesar, when he became consul, influenced by
a sense of justice no less than by policy, lost no time in proposing a law to
remit to the farmers of the revenue one-third of the sums for which they were
responsible. He first addressed himself to the Senate; but that body having
refused to deliberate on the question, he found himself compelled to submit it
to the people, who adopted his opinion. This liberality, so far beyond what
they had hoped for, filled the farmers of the revenue with joy, and rendered
them devoted to the man who showed himself so generous; he advised them,
however, publicly, to be more careful in future, and not overbid in an
inconsiderate manner at the time of the sale of the taxes.
The agrarian law, and the law concerning the rents,
having satisfied the interests of the proletaries, the veterans, and the
knights, it became important to settle the just demands of Pompey. Therefore
Caesar obtained from the people their approbation of all the acts of the conqueror
of Mithridates. Lucullus had been till then one of the most earnest adversaries
of this measure. He could not forget the glory of which Pompey had frustrated
him; but his dread of a prosecution for peculation was so great that he fell at
Caesar’s feet and forswore all opposition.
The activity of the consul did not confine itself to
internal reforms; it extended to questions which were raised abroad. The
condition of Egypt was precarious: King Ptolemy Auletes, natural son of Ptolemy
Lathyrus, was afraid lest, in virtue of a forged will of Ptolemy Alexander, or Alexas, to whose fall he had contributed, his kingdom might
be incorporated with the Roman empire. Auletes, perceiving his authority shaken
in Alexandria, had sought the support of Pompey during the war in Judaea, and
had sent him presents and a large sum of money to engage him to maintain his
cause before the Senate. Pompey had offered himself as his advocate; and
Caesar, whether from policy, or from a wish to please his son-in-law, caused
Ptolemy Auletes to be declared a friend and ally of Rome. At his demand the
same favor was granted to Ariovistus, King of the Germans, who, after having
made war upon the aEdui, had withdrawn from their
country at the invitation of the Senate, and had expressed a desire to become
an ally of Rome. It was entirely the interest of the Republic to conciliate the
Germans, and send them to the other bank of the Rhine, whatever might be the
views of the consul regarding his future command in Gaul. Next, he conferred
some privileges on certain municipia and satisfied many ambitions; “for,” says
Suetonius, “he granted everything that was asked of him: no man dared oppose
him, and, if any one attempted, he knew how to intimidate him.”
Among the cares of the consul was the nomination of
tribunes devoted to him; since it was they generally who proposed the laws for
the people to ratify.
Clodius, on account of his popularity, was one of the candidates who could be
most useful to him; but his rank of patrician obliged him to pass by adoption
into a plebeian family before he could be elected, and that he could only do in
virtue of a law. Caesar hesitated in bringing it forward; for if, on the one
hand, he sought to conciliate Clodius himself, on the
other, he knew his designs of vengeance against Cicero, and was unwilling to
put into his hands an authority which he might abuse. But when, towards the
month of March, at the trial of C. Antonius, charged with disgraceful conduct
in Macedonia, Cicero, in defending his former colleague, indulged in a violent
attack upon those in power, on that same day Clodius was received into the ranks of the plebeians, and soon afterwards became,
together with Vatinius, tribune elect. There was a third tribune, whose name is
unknown, but who was equally won over to the interests of the consul.
Thus Caesar, as even Cicero admits, was alone more
powerful already than the Republic. Of some he was the hope; of others, the
terror; of all, master irrevocably. The inactivity of Bibulus had only served
to increase his power. Thus it was said in Rome, as a jest, that men knew of no
other consulship than that of Julius and Caius Caesar, making two persons out
of a single name; and the following verses were handed about:—
“ Non Bibulo quidquam nuper sed Caesare factum est: Nam Bibulo fieri consule nil memini.”
And as popular favor, when it declares itself in favor
of a man in a conspicuous position, sees something marvellous in everything that concerns his person, the populace drew a favorable augury
from the existence of an extraordinary horse born in his stables. Its hoofs
were forked, and shaped like fingers. Caesar was the only man who could tame this strange animal, the docility of which, it was
said, foreboded to him the empire of the world.
During his first consulship, Caesar caused a number of
laws to be passed, the greater part of which have not descended to us. Some
valuable fragments, however, of the most important ones have been preserved,
among others, the modifications in the sacerdotal privileges. The Tribune Labienus, as we have seen, in order to secure Caesar’s
election to the office of pontiff, had granted the right of election to
seventeen tribes selected by lot. Although this law seemed to authorize
absentees to become candidates for the priesthood, the people and the priests
disputed the right of those who did not solicit the dignity in person. Endless
quarrels and disturbances were the result. To put an end to these, Caesar,
while confirming the law of Labienus, announced that
not only those candidates who appeared in person, but those at a distance also,
who had any title whatever to that honor, might offer themselves as candidates.
He turned his attention next to the provinces, whose
condition had always excited his sympathy. The laws intended to reform the
vices of the administration (De provinciis ordinandis) is of uncertain date; it bears the same
title as that of Sylla, and resembles it considerably. Its provisions
guaranteed the inhabitants against the violence, the arbitrary conduct, and the
corruption of the proconsuls and propraetors, and
fixed the allotments to which these were entitled.
It released the free states, liberae civitates, from dependence upon governors, and authorized them to govern
themselves by their own laws and their own magistrates. Cicero himself
considered this measure as the guarantee of the liberty of the provinces; for,
in his speech against Piso, he reproaches him with
having violated it by including free nations in his government of Macedonia. Lastly,
a separate proviso regulated the responsibility and expenses of the
administration, by requiring that on going out of office the governors should
deliver, at the end of thirty days, an account explaining their administration
and their expenses, of which three copies were to be deposited, one in the
treasury (aerarium) at Rome, and the others in the two principal towns
of the province. The propraetors were to remain one year, and the proconsuls two, at
the head of their governments.
The generals were in the habit of burdening the people
they governed with exorbitant exactions. They extorted from them crowns of gold
(aurum coronarium), of considerable value,
under pretence of the triumph, and obliged the
countries through which they passed to bear the expenses of themselves and
their attendants. Caesar remedied these abuses, by forbidding the proconsuls to
demand the crown before the triumph had been decreed, and by subjecting to the
most rigorous restrictions the contributions in kind which were to be furnished.
We may judge how necessary these regulations were from the fact that Cicero,
whose government was justly considered an honest one, admits that he drew large
sums from his province of Cilicia, eight years after the passing of the law
Julia. The same law forbade all governors to leave their provinces, or to send
their troops out of them to interfere in the affairs of any neighboring State,
without permission of the Senate and the people, or to extort any money from
the inhabitants of the provinces.
The law, by similar provisions, diminished the abuse
of free legations (legationes liberae). This was the name given to the missions of
senators, who, travelling into the provinces on their own' affairs, obtained by
an abuse the title of envoy of the Roman people, to which they had no right, in
order to be defrayed the expenses and costs of travelling. These missions,
which were for an indefinite time, were the subject of incessant complaints.
Cicero had limited them to a year: Caesar prescribed a still narrower limit,
but its exact length is unknown.
As a supplement to the preceding measures he brought
in a law (De pecuniis repetundis),
the provisions of which have often been confounded with those of the law De provinciis ordinandis. Cicero
boasts of its perfection and justice. It contained a great number of sections.
In a letter from Coelius to Cicero, the 101st chapter
of the law is referred to. Its object was to meet all cases of peculation, out
of Italy as well as in Rome. Persons who had been wronged could demand
restitution before a legal tribunal of the sums unjustly collected. Though the
principal provisions of it were borrowed from the law of Sylla on the same
subject, the penalty was more severe and the proceedings more expeditious. For
instance, as the rich contrived, by going into voluntary exile before the
verdict, to elude the punishment, it was provided that in that case their goods
should be confiscated, in part or wholly, according to the nature of the crime.
If the fortune of the defendant was not sufficient for the repayment of the money
claimed, all those who had profited by the embezzlement were sought out and
jointly condemned. Finally, corruption, was attacked in all its forms, and the
law went so far as to watch over the honesty of business transactions.
“The law is directed against those who, holding a
magistracy, an embassy, or any other office, or forming part of the attendants
of these functionaries, receive money.
“They may receive money to any amount from their
cousins, their still nearer relatives, or their wives.
“The law includes those who have received money: For
speaking in the Senate, or any public assembly; for doing their duty or
absenting themselves from it; for refusing to obey a public order, or for
exceeding it; for pronouncing judgment in a criminal or a civil case, or for
not pronouncing it; for condemning or acquitting; for awarding or withdrawing
the subject of a snit; for adjudging or taking an object in litigation; for
appointing a judge or arbitrator, changing him, ordering him to judge, or for
not appointing him or changing him, and not ordering him to judge; for causing
a man to be imprisoned, put in irons, or set at liberty; for accusing or not
accusing; for producing or suppressing a witness; for recognizing as complete
an unfinished public work; for accepting wheat for the use of the State without
testing its good quality; for taking upon himself the maintenance of the public
buildings without a certificate of their good condition; for enlisting a
soldier or discharging him.
“All that has been given to the proconsul or praetor
contrary to the provisions of the present law, cannot become his by right of
possession.
“Sales and leases are declared null and void which
have been made, for a high or a low price, with a view to right of possession
by a third.
“The magistrates are to abstain from all extortion,
and receive as salary but 100 pieces of gold each year.
“The action will lie equally against the heirs of the
accused, but only during the year succeeding his death.
“No one who has been condemned under this law can be
either judge, accuser, or witness.
“The penalties are exile, banishment to an island, or
death, according to the gravity of the offence”.
One article deserves special remark, that which
forbade a public work to be accepted as completed, if it were not absolutely
finished. Caesar had doubtless in mind the process which he had unsuccessfully
instituted against Catulus, for his failure to
complete the temple of Jupiter Capitolinus.
We may for the most part consider as Caesar’s laws
those which were passed at his instigation, whether by the Tribune P. Vatinius,
or the Praetor Q. Fufius Calenus.
One of the laws of the former authorized the accuser
in a suit, as well as the accused, to challenge for once all the judges; down
to this time they had only been permitted to challenge a certain number. Its
object was to give to all the same guarantee which Sylla had reserved
exclusively to the senators, since for the knights and plebeians he limited the
challenge to three. Vatinius had also conferred on five thousand colonists,
established at Como (Novum Comum), the rights
of a Roman city. This measure flattered the pride of Pompey, whose father,
Pompeius Strabo, had rebuilt the town of Comum; and
it offered to other colonists the hope of obtaining the qualification of Roman
citizens, which Caesar subsequently granted to them.
Another devoted partisan of the consul, the Praetor Q. Fufius Calenus, proposed a
law which, in judicial deliberations, laid the responsibility upon each of the three
orders of which the tribunal was composed: the senators, the knights, and the
tribunes of the treasury. Instead of pronouncing a collective judgment, they
were called upon to express their opinion separately. Dio Cassius explains the law in these terms : “Seeing that in a process all the
votes were mixed together, and that each order took to itself the credit of the
good decisions, and threw the bad ones to the account of the others, Calenus had a law made that the different orders should
vote independently, in order to know thus, not the opinion of individuals,
since the vote was secret, but that of each order.”
All the laws of Caesar were styled “Julian Laws”; they
received the sanction of the Senate, and were adopted without opposition, and
even Cato himself did not oppose them; but when he became praetor, and found himself
obliged to put them into execution, he was little-minded enough to object to
call them by their name.
We may be convinced by the above facts, that, during
his first consulship, Caesar was animated by a single motive, the public
interest. His ruling thought was to remedy the evils which afflicted the
country. His acts, which several historians have impeached as subversive and
inspired by boundless ambition, we find, on an attentive examination, to be the
result of a wise policy, and the carrying out of a well-known plan, proclaimed
formerly by the Gracchi, and recently by Pompey himself. Like the Gracchi,
Caesar desired a distribution of the public domain, the reform of justice, the
relief of the provinces, and the extension of the rights of city; like them, he
had protected the knightly order, so that he might oppose it to the formidable
resistance of the Senate; but he, more fortunate, accomplished that which the
Gracchi had been unable to realize. Plutarch, in the life of Crassus,
pronounces a eulogium on the wisdom of his government, although an intemperate
judgment had led that writer, elsewhere, to compare his conduct to that of a
factious tribune.
Following the taste of the age, and especially as a
means of popularity, Caesar gave splendid games, shows, and gladiatorial combats,
borrowing from Pompey and Atticus considerable sums to meet his love of
display, his profusion, and his largesses. Suetonius,
ever ready to record, without distinction, the reports, true and false, current
at the time, relates that Caesar had taken from the treasury three thousand
pounds of gold, for which he substituted gilt metal; but his high character is
sufficient to refute this calumny. Cicero, who had not, at this time, any
reason to spare him, makes no mention of it in his letters, where his ill-humor
displays itself, nor in his speech against Vatinius, one of Caesar’s devoted
friends. On the other hand, Pliny mentions a similar fact which happened during
Pompey’s consulate.
C2ESAB RECEIVES THE GOVERNMENT OF THE GAULS.
Caesar did not confine his ambition to discharging the
functions of a consul and legislator; he desired to obtain a command worthy of
the elevation of his genius, to extend the frontiers of the Republic, and to
preserve them from the invasion of their most powerful enemies, it will be
remembered that at the time of the election of the consuls, the Senate had
conferred upon them the superintendence of the woods and public roads. He had,
therefore, slender grounds to expect a return of friendly feeling on the part
of that assembly, and, if the distribution of governments was vested in them,
history offered examples of provinces given by vote of the people. Numidia was
assigned to Marius on the proposal of the Tribune L. Manlius; and L. Lucullus,
having received Cisalpine Gaul from the Senate, obtained Cilicia from the
people. It was thus that the command of Asia had been conferred upon Pompey.
Strong in these precedents, Vatinius proposed to the people to confer upon Caesar,
for five years, the command of Cisalpine Gaul and Illyria, with three legions. Pompey
supported this proposal with all his influence. The friends of Crassus,
Claudius, and L. Piso,
gave their votes in favor of this law.
At first, it appeared strange that the proposal of the
tribune only included Cisalpine Gaul, without reference to the other side of
the Alps, which alone offered chances of acquiring glory. But, on reflection,
we discover how skilful and politic was this manner
of putting the question. To solicit at the same time the government of both the
Gauls might have seemed exorbitant, and likely to expose him to failure. To
demand the government of Gaul proper, was dangerous, for if he had obtained it
without Cisalpine Gaul, which would have devolved upon another proconsul, Caesar
would have found himself completely separated from Italy, inasmuch as it would
have been impossible for him to repair thither during the winter, and so
preserve continuous relations with Rome. The proposal of Vatinius, on the
contrary, having for its object only Cisalpine Gaul and Illyria, they could
scarcely refuse a command limited to the ordinary bounds, and Caesar acquired
thereby, a solid basis for operations in the midst of devoted populations,
where his legions could be easily recruited. As to the province beyond the
Alps, it was probable that some fortuitous circumstance, or new proposal, would
place it under his orders. This happened sooner than he expected, for the
Senate, by a skilful, but at this time unusual,
determination, added to his command a third province, Gallia Comata, or Transalpine, and a fourth legion. The Senate
thus obtained for itself the credit of an initiative, which the people would
have taken of itself had it not been anticipated.
Transported with joy at this news, Caesar, according
to Suetonius, exclaimed in the full Senate, that now, having succeeded to the
utmost of his desire in spite of his enemies, he would march over their heads.
This story is not probable. He was too prudent to provoke his enemies in their
face at the moment he was going to a distance from Rome. “Always master of himself,”
says an old writer, “he never needlessly ran against anybody.”
OPPOSITION OF THE PATRICIANS.
Whilst contending with the most serious difficulties
Caesar endeavored to establish the Republic on the securest foundations, the
aristocratic party consoled itself for its successive defeats by a petty war of
sarcasm and chicanery. At the theatre they applauded all the injurious
allusions to Pompey, and received Caesar with coldness. Bibulus, the son-in-law
of Cato, pubfished libels containing the grossest
attacks. He renewed the accusation of plotting against the Republic, and of the
pretended shameful relations with Nicomedes. People
rushed to read and copy these insulting placards. Cicero gladly sent them to
Atticus. The party, too, to which Bibulus belonged extolled him to the skies,
and made him a great man. His opposition, however, had only succeeded in
postponing the consular comitia until the month of October. This prorogation
was made in the hope of preventing the election of consuls friendly to the
triumvirs. Caesar, on this occasion, attacked him in a violent speech, and
Vatinius proposed to arrest him. Pompey, on his part, moved by invectives to
which he was unaccustomed, complained to the people of the animosity of which
he was the object; but his speech does not appear to have been attended with
much success.
It is sad to see the accomplishment of great things
often thwarted by the little passions of short-sighted men, who only know the
world in the small circle to which their life is confined. By seconding Caesar,
Bibulus might have obtained an honorable reputation. He preferred being the
hero of a coterie, and sought to obtain the interested applause of a few
selfish senators, rather than, with his colleague, to merit public gratitude.
Cicero, on his part, mistook for a true expression of opinion the clamors of a
desperate faction. He was, moreover, one of those who find that all fares well
while they are themselves in power; and that everything is endangered when they
are out. In his letters to Atticus he speaks of the general hatred to these new
kings, predicts their approaching fall, and exclaims: “What murmurs! what
irritation! what hatred against our friend Pompey ! His name of great is
growing old like that of rich Crassus.” .
He explains, with a perfect naiveté, the consolation
which his self-love finds in the abasement of him who was formerly the object
of his admiration. “I was tormented with fear that the services which Pompey
rendered to our country should hereafter appear greater than mine. I have quite
recovered from it. He is so low, so very low, that Curius himself appears to me a giant beside him.” And he adds, “Now there is nothing
more popular than to hate the popular men; they have no one on their side. They
know it, and it is this which makes me fear a resort to violence. I cannot
think without shuddering of the explosions which are inevitable.” The hatred
which he bore to Clodius and Valerius misled his judgment.
Whilst Caesar laboriously pursued the course of his
destiny, the genius of Cicero, instead of understanding the future and
hastening progress by his co-operation, resisted the general impulse, denied
its evidence, and could not perceive the greatness of the cause through the
faults of certain adherents to power.
Caesar bore uneasily the attacks of Cicero; but, like
all who are guided by great political views, superior to resentment, he
conciliated everything which might exercise an ascendancy over people’s minds;
and the eloquence of Cicero was a power. Dio Cassius
thus explains the conduct of Caesar: “He did not wound Cicero either by his
words or his acts. He said that often many men designedly throw vain sarcasm
against those who are above them in order to drive them to dispute, in the hope
of appearing to have some resemblance to them,, and be put in the same rank if
they succeed in being abused in return. Caesar therefore judged that he ought
not to enter the lists with anybody. Such was his rule of conduct towards those
who insulted him, and, as he saw very well that Cicero sought less to offend
him than to provoke him to make some injurious reply, from the desire which he
had to be looked upon as his equal, he took no notice of him, made no account
of what he said, and even allowed Cicero to insult him as he liked, and to
praise himself beyond measure. However, he was far from despising him; but,
naturally gentle, his anger was not easily aroused. He had much to punish, as
must be the case with one mixed up with great affairs, but he never yielded to
passion.”
An incident occurred which showed all the animosity of
a certain party. L. Vettius, an old spy of Cicero’s
in the Catiline conspiracy, punished for having falsely accused Caesar, was
arrested on suspicion of wishing to attempt his life, as well as that of
Pompey. A poignard was found upon him; and being interrogated before the
Senate, he denounced, as the instigators of his crime, the young Curio, Caepio, Brutus, Lentulus, Cato,
Lucullus, Piso, son-in-law of Cicero, Cicero himself,
M. Laterensis, and others. He also named Bibulus,
which removed all air of probability from his accusations, Bibulus having
already warned Pompey to be on his guard. Historians, such as Dio Cassius, Appian, and Plutarch, treat this plot
seriously; the first maintains expressly that Cicero and Lucullus had armed the
hand of the assassin. Suetonius, on the contrary, reproaches Caesar with having
suborned Vettius in order to throw the blame upon his
adversaries.
In face of these contradictory informations,
it is best, as in the case of an ordinary law suit, to estimate the worth of
the charge according to the previous character of the accused. Now, Cicero, notwithstanding
his instability, was too honest to have a hand in a plot for assassination, and
Caesar had too elevated a character and too great a consciousness of his power
to lower himself so far as to seek, in a miserable intrigue, the means of
augmenting his influence. A senatus consultum caused Vettius to be thrown into prison; but Caesar, interested
in, and resolved on, the discovery of the truth, referred the matter to the
people, and forced Vettius to mount the tribune of
the orators. He, with a suspicious versatility, denounced those whom he had
before acquitted, and cleared those whom he had denounced, and among others,
Brutus. With regard to the latter, it was pretended that this change was due to
Caesar’s connection with his mother. Vettius was
remanded to prison, and found dead next day. Cicero accused Vatinius of killing
him; but, according to others, the true authors of his death were those who had
urged him into this disgraceful intrigue, and were in fear of his revelations.
The comparison of these various accounts leads us to
conclude that this obscure agent of dark intrigues had made himself the
instigator of a plot, in order to have the merit of revealing it, and to
attract the favor of Caesar by pointing to his political adversaries as
accomplices. Nevertheless, the event turned to the profit of Caesar, and the
people permitted him to take measures for his personal safety. It was doubtless
at this period that the ancient custom was re-established of allowing a consul,
during the month when he had not the fasces, the right of being preceded by a
beadle (accensus) and followed by lictors.
Without changing the fundamental laws of the Republic,
Caesar had obtained a great result; he had replaced anarchy by an energetic
power, ruling at the same time the Senate and the comitia; by the mutual
understanding between the three most important men, he had substituted for
personal rivalries a moral authority which enabled him to establish laws
conducive to the prosperity of the empire. But it was essential that his
departure should not entail the fall of the edifice so laboriously raised. He
was not ignorant of the number and power of his enemies; he knew that if he
abandoned to them the forum and the curia, not only would they reverse his
enactments, but they would even deprive him of his command. If there was any
doubt of the degree of hatred of which he was the object, it would be
sufficient to be reminded that a year afterwards Ariovistus confessed to him,
in an interview on the banks of the Rhine, that many of the important nobles of
Rome had designs against his life. Against such animosities he had the task, no
easy one, of directing the elections. The Roman constitution caused new
.candidates to spring up every year for honors; and it was indispensable to
have partisans amongst the two consuls, the eight praetors, and the ten
tribunes named in the comitia. At all epochs, even at the time when the
aristocracy exercised the greatest influence, it could, not prevent its
opponents from introducing themselves into the public offices. Moreover, the
three who had made common cause had reason to fear the ambition and ingratitude
of the men whom they had raised, and who would soon seek to become their
equals. There was still a last danger, and perhaps the most serious; it was the
impatience and want of discipline of the democratic party, of which they were
the chiefs.
In face of these dangers, the triumvirs agreed to
cause L. Piso, the father-in-law of Caesar, and A.
Gabinius, the devoted partisan of Pompey, to be elected to the consulship the
following year. They were, in fact, designated consuls on the 18th of October,
in spite of the efforts of the nobles and the accusation of Cato against
Gabinius.
At the end of the year 695, Caesar and Bibulus ceased
their functions. The latter, in reporting his conduct according to custom,
endeavored to paint in the blackest colors the state of the Republic; but Clodius prevented him from speaking. As for Caesar, his
presentiment of the attacks to which he was to be subjected was only too well
founded; for he had hardly quitted office, when the Praetor L. Domitius
Ahenobarbus, and C. Memmius, friends of Cicero, proposed
to the Senate to prosecute him for the acts committed during his consulate, and
especially for not having paid attention to the omens. From this proposal the
Senate recoiled. Still they brought Caesar’s questor to trial. He himself was
cited by the Tribune L. Antistius. But the whole
college refused to entertain the charge, in virtue of the law Memmia, which forbade an accusation to be entertained
against a citizen while absent on the public service
Caesar found himself once more at the gates of Rome,
invested with the imperium, and, according to Cicero’s letters, at the head of numerous troops, composed
apparently of veteran volunteers. He even remained there more than two months,
in order to watch that his departure should not become the signal for the
overthrow of his work.
LAW OF CLODIUS.—EXILE OF CICERO.
During this time, Clodius; a
restless and turbulent spirit, proud of the support which he had lent the
triumvirs, as well as of that he had received from them, listened only to his
passion, and caused laws to be enacted, some of which, flattering the populace,
and even the slaves, menaced the State with anarchy. In virtue of these laws,
he re-established political associations (collegia),
clubs dangerous to public tranquillity, which Sylla
had dissolved, but which were subsequently reorganized to be again suppressed
in 690; he made gratuitous distributions of wheat to the people; took from the
censors the right of excluding from the Senate anybody they wished, allowing
them only to reject those who were under condemnation; forbade the magistrates
taking omens, or observing the sky on the day of the deliberation of the
comitia; and, lastly, he inflicted severe penalties on those who had condemned
Roman citizens to death unheard. This last enactment was evidently directed
against Cicero, although his name was not mentioned in it. In order to insure
its adoption, its author desired the acquiescence of Caesar, who was detained
at the gates of Rome by the military command, which forbade him to enter. Clodius then convoked the people outside the walls, and
when he asked the proconsul his opinion, the latter replied that it was well
known by his vote in the affair of the accomplices of Catiline; that,
nevertheless, he disapproved of a law which pronounced penalties upon facts
which belonged to the past.
On this occasion the Senate went into mourning, in order
to exhibit its discontent to all eyes; but the Consuls Gabinius and Piso obliged the Senate to relinquish this ill-timed demonstration.
Caesar, in order to defend Cicero from the danger
which threatened him, offered to take him with him to Gaul as his lieutenant.
Cicero rejected the offer, deceiving himself through his confidence in his own
influence, and reckoning, moreover, on the protection of Pompey. It appears
positive from this, that Clodius exceeded Caesar’s
views, a new proof that such instruments when employed are two-edged swords,
which even the most skilful hands find it difficult
to direct. It is thus that later, Vatinius, aspiring to become praetor,
received from his old patron this strong warning: “Vatinius has done nothing
gratuitously during his tribuneship; he who only looks for money, ought to
dispense with honors.” In fact, Caesar, whose efforts to re-establish the
popular institutions had never slackened, desired neither anarchy nor
democratic laws; and just as he had not approved of the proposal of Manilius for the emancipation of the freedmen, so he
opposed the reorganization of the corporations, the gratuitous distributions of
wheat, and the projects of vengeance entertained by Clodius,
who, however, continually boasted of his support.
Crassus, on his part, desiring to be useful to Cicero
without compromising himself, engaged his son to go to his aid. As for Pompey,
wavering between fear and friendship, he devised a pretext not to receive
Cicero when he came to seek his support. Deprived of this last resource, the
great orator abandoned his delusions, and after some show of resistance
voluntarily withdrew. Scarcely had he quitted Rome when the law against him was
passed without opposition, with the concurrence of those whom Cicero had looked
upon as his friends. His goods were confiscated, his house razed, and he was
exiled to a distance of four hundred miles.
Caesar had skilfully taken
precautions that his influence should be felt at Rome during his absence, as
much as the instability of the magistracy would permit. By the aid of his
daughter Julia, whose charms and mental accomplishments captivated her husband,
Caesar retained his influence over Pompey. By his favors to the son of Crassus,
a young man of great merit, who was appointed his lieutenant, he assured
himself of his father. Cicero is removed, but soon Caesar will consent to his
return, and will conciliate him again, by taking into his favor his brother
Quintus. There remains the opposition of Cato. Clodius undertakes to remove him under the pretence of an
honorable mission; he is sent to Cyprus to dethrone King Ptolemy, whose
irregularities excited the hatred of his subjects. Finally, all the men of importance who had any
chance of obtaining employment are gained to the cause of Caesar; some even
engage themselves to him by writing. He can thus proceed to his province.
Destiny is about to open a new path; immortal glory awaits him beyond the Alps,
and this glory, reflected upon Rome, will change the face of the world.
THE EXPLANATION OF CAESAR’S CONDUCT.
We have shown Caesar obeying only his political convictions,
whether as the ardent promoter of all popular measures, or as the declared
partisan of Pompey; we have shown him aspiring with a noble ambition to power
and honors; but we are not ignorant that historians in general give other
motives for his conduct. They represent him, in 684, as having already his
plans defined, his schemes arranged, his instruments all prepared. They
attribute to him an absolute prescience of the future, the faculty of directing
men and things at his will, and of rendering each one, unknowingly, the
accomplice of his profound designs. All his actions have a hidden motive, which
the historian boasts of having discovered. If Caesar raises up again the
standard of Marius, makes himself the defender of the oppressed, and the
persecutor of the hired assassins of past tyranny, it is to acquire a
concurrence necessary to his ambition; if he contends with Cicero in favor of
legality in the trial of the accomplices of Catiline, or to maintain an
agrarian law of which he approves the political aim, or if, to repair a great
injustice of Sylla, he supports the restoration of the children of the
proscribed to their rights, it is for the purpose of compromising the great
orator with the popular party. If, on the contrary, he places his influence at
the service of Pompey; if on the occasion of the war against the pirates, he
contributes to obtain for him an authority considered exorbitant; if he seconds
the plebiscitum which further confers upon him the
command of the army against Mithridates; if subsequently he causes
extraordinary honors to be awarded him, though absent, it is still with the
Machiavellian aim of making the greatness of Pompey redound to his own profit.
So that, if he defends liberty, it is to ruin his adversaries ; if he defends
power, it is to accustom the Romans to tyranny. Finally, if Caesar seeks the
consulate, like all the members of the Roman nobility, it is, say they, because
he already foresees, beyond the fasces of the consul and the dust of battles,
the dictatorship and even the throne. Such an interpretation results from the
too common fault of not being able to appreciate facts in themselves, but
according to the complexion which subsequent events have given them.
Strange inconsistency, to impute to great men at the
same time mean motives and superhuman forethought! No, it was not the miserable
thought of checking Cicero which guided Caesar; he had not recourse to a tactic
more or less skilful; he obeyed a profound
conviction, and what proves it indisputably is, that once elevated to power,
his first acts are to execute, as consul or dictator, what as a citizen he had
supported: witness the agrarian law and the restoration of the proscribed. No,
if he supports Pompey, it is not because he thinks that he can degrade him
after having once elevated him, but because this illustrious captain had
embraced the same cause as himself; for it would not have been given to anyone
to read so far into the future as to predict the use which the conqueror of
Mithridates would make of his triumphs and veritable popularity. In fact, when
he disembarked in Italy, Rome was in anxiety; will he disband his army? Such
was from all quarters the cry of alarm. If he returns as a master, no one is
able to resist him. Contrary to the general expectation, Pompey disbanded his
troops. How then could Caesar foresee beforehand a moderation then so unusual?
Is it truer to say that Caesar, having become
proconsul, aspired to the sovereign power? No, in departing for Gaul, he could
no more have thought of reigning over Rome, than could General Buonaparte
starting for Italy in 1796, have dreamed of the Empire. Was it possible for
Caesar to foresee that, during a sojourn of ten years in Gaul, he would there
link Fortune to him forever, and that, at the end of this long space of time,
the public mind at Rome would still be favorable to his projects? Could he
foresee that the death of his daughter would break the ties which attached him
to Pompey? that Crassus, instead of returning in triumph from the East, would
be conquered and slain by the Parthians? that the murder of Clodius would throw all Italy into commotion? and, finally, that anarchy, which he had
sought to stifle by the triumvirate, would be the cause of his own elevation?
Caesar had before his eyes great examples for his guidance; he marched in the
track of the Scipios and of Paulus Aemilius; the hatred of his enemies forced him, like Sylla,
to seize upon the dictatorship, but for a more noble cause, and by a course of
proceeding exempt from vengeance and cruelty.
Let us not continually seek little passions in great
souls. The success of superior men—and it is a consoling thought—is due rather
to the loftiness of their sentiments, than to the speculations of selfishness
and cunning; this success depends much more on their skill in taking advantage
of circumstances, than on that presumption blind, enough to believe itself
capable of creating events, which are in the hands of God. alone. Certainly,
Caesar had faith in his destiny, and confidence in his genius; but faith is an
instinct, not a calculation, and genius foresees the future without
understanding its mysterious progress.
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