Whilst they were making their report there on the conduct of the
campaigns, the leaders of the senate entered a protest against their
session being held in the midst of the troops, in order to intimidate
them. To avoid any ground for this charge the consuls immediately
adjourned the senate to the Flaminian Meadows, where the temple of
Apollo —then called the
The senate by a large majority refused the consuls the honour of a triumph, whereupon L. Icilius, as tribune of the plebs, brought the question before the people.
Many came forward to oppose it, particularly C. Claudius, who exclaimed in excited tones that it was over the senate, not over the enemy, that the consuls wished to celebrate their triumph. It was demanded as an act of gratitude for a private service rendered to a tribune, not as an honour for merit.
Never before had a triumph been ordered by the people, it had always lain with the senate to decide whether one was deserved or not; not even kings had infringed the prerogative of the highest order in the State. The tribunes must not make their power pervade everything, so as to render the existence of a council of State impossible. The State will only be free, the laws equal, on condition that each order preserves its own rights, its own power and dignity.
Much to the same effect was said by the senior members of the senate, but the tribes unanimously adopted the proposal. That was the first instance of a triumph being celebrated by order of the people without the authorisation of the senate.
This victory of the tribunes and the plebs very nearly led to a dangerous abuse of power. A secret understanding was come to amongst the tribunes that they should all be reappointed and to prevent their factious purpose from being too noticeable they were to secure a continuance of the consuls in office also.
They alleged as a reason the agreement of the senate to undermine the rights of the plebs by the slight they had cast on the consuls:
“What,” they argued, “would happen if, before the laws were yet securely established, the patricians should attack fresh tribunes through consuls belonging to their own party?
For the consuls would not always be men of the stamp of Valerius and Horatius, who subordinated their own interests to the liberty of the plebs.” By a happy chance it fell to the lot of M. Duillius to preside over the elections.
He was a man of sagacity, and foresaw the obloquy that would be incurred by the continuance in office of the present magistrates. On his declaring that he would accept no votes for the former tribunes his colleagues insisted that he should either leave the tribes free to vote for whom they chose, or else resign the control of the elections to his colleagues who would conduct them according to law rather than at the will of the patricians.
As a contention had arisen, Duillius sent for the consuls and asked them what they intended to do about the consular elections. They replied that they should elect fresh consuls. Having thus gained popular supporters for a measure by no means popular, he proceeded in company with them into the Assembly.