Civil Wars

At the advent of summer the notices for the election of tribunes were given, and as the day for voting approached it was very evident that the rich were earnestly promoting the election of those most inimical to Gracchus. The latter, fearing that evil would befall if he should not be reelected for the following year, summoned his friends from the fields to attend the comitia, but as they were occupied with their harvest he was obliged, when the day fixed for the voting drew near, to have recourse to the plebeians of the city. So he went around asking each one separately to elect him tribune for the ensuing year, on account of the danger he had incurred for them. When the voting took place the first two tribes pronounced for Gracchus. The rich objected that it was not lawful for the same man to hold the office twice in succession. The tribune Rubrius, who had been chosen by lot to preside over the comitia, was in doubt about it, and Mummius, who had been chosen in place of Octavius, urged him to turn over the comitia to his charge. This he did, but the remaining tribunes contended that the presidency should be decided by lot, saying that when Rubrius, who had been chosen in that way, resigned, the casting of lots ought to be done over again for all. As there was much strife over this question, Gracchus, who was getting the worst of it, adjourned the voting to the following day. In utter despair he clothed himself in black, while still in office, and led his son around the forum and introduced him to each man and committed him to their charge, as if he were about to perish at the hands of his enemies.

The poor were moved with deep sorrow, and rightly so, both on their own account (for they believed that they were no longer to live in a free state under equal laws, but were reduced to servitude by the rich), and on account of Gracchus himself, who had incurred such danger and suffering in their behalf. So they all accompanied him with tears to his house in the evening, and bade him be of good courage for the morrow. Gracchus cheered up, assembled his partisans before daybreak, and communicated to them a signal to be displayed in case of a fight. He then took possession of the temple on the Capitoline hill, where the voting was to take place, and occupied the middle of the assembly. As he was obstructed by the other tribunes and by the rich, who would not allow the votes to be taken on this question, he gave the signal. There was a sudden shout from those who saw it, and a resort to violence in consequence. Some of the partisans of Gracchus took position around him like body-guards. Others, having girded themselves, seized the fasces and staves in the hands of the lictors and broke them in pieces. They drove the rich out of the assembly with such disorder and wounds that the tribunes fled from their places in terror, and the priests closed the doors of the temple. Many ran away pell-mell and scattered wild rumors. Some said that Gracchus had deposed all the other tribunes, and this was believed because none of them could be seen. Others said that he had declared himself tribune for the ensuing year without an election.

Under these circumstances the Senate assembled at the temple of Fides.[*](The temple to the goddess of Public Faith was on the Capitoline hill.) It is astonishing to me that they never thought of appointing a dictator in this emergency, although they had often been protected by the government of a single ruler in such times of peril. Although this resource had been found most useful in former times few people remembered it, either then or later. After reaching the decision that they did reach, they marched up to the Capitol, Cornelius Scipio Nasica, the pontifex maximus, leading the way and calling out with a loud voice, "Let those who would save the country follow me." He wound the border of his toga about his head either to induce a greater number to go with him by the singularity of his appearance, or to make for himself, as it were, a helmet as a sign of battle for those who looked on, or in order to conceal from the gods what he was about to do. When he arrived at the temple and advanced against the partisans of Gracchus they yielded to the reputation of a foremost citizen, for they saw the Senate following with him. The latter wrested clubs out of the hands of the Gracchans themselves, or with fragments of broken benches or other apparatus that had been brought for the use of the assembly, began beating them, and pursued them, and drove them over the precipice.[*](The Capitoline hill was flanked by the Tarpeian Rock.) In the tumult many of the Gracchans perished, and Gracchus himself was caught[*](Reading a(lw/menos, which Mendelssohn prefers instead of ei)lou/menos.) near the temple, and was slain at the door close by the statues of the kings. All the bodies were thrown by night into the Tiber.

So perished on the Capitol, and while still tribune, Gracchus, the son of the Gracchus who was twice consul, and of Cornelia, daughter of that Scipio who subjugated Carthage. He lost his life in consequence of a most excellent design, which, however, he pursued in too violent a manner. This shocking affair, the first that was perpetrated in the public assembly, was seldom without parallels thereafter from time to time. On the subject of the murder of Gracchus the city was divided between sorrow and joy. Some mourned for themselves and for him, and deplored the present condition of things, believing that the commonwealth no longer existed, but had been supplanted by force and violence. Others considered that everything had turned out for them exactly as they wished. These things took place at the time when Aristonicus was contending with the Romans for the government of Asia.

After Gracchus was slain Appius Claudius died, and Fulvius Flaccus and Papirius Carbo were appointed, in conjunction with the younger Gracchus, to divide the land. As the persons in possession neglected to hand in lists of their holdings, a proclamation was issued that informers should furnish testimony against them. Immediately a great number of embarrassing lawsuits sprang up. Wherever a new field had been bought adjoining an old one, or wherever a division of land had been made with allies, the whole district had to be carefully inquired into on account of the measurement of this one field, to discover how it had been sold and how divided. Not all owners had preserved their contracts, or their allotment titles, and even those that were found were often ambiguous. When the land was resurveyed some owners were obliged to give up their fruit-trees and farm-buildings in exchange for naked ground. Others were transferred from cultivated to uncultivated lands, or to swamps, or pools. In fact, the measuring had not been carefully done when the land was first taken from the enemy. As the original proclamation authorized anybody to work the undistributed land who wished to do so, many had been prompted to cultivate the parts immediately adjoining their own, till the line of demarkation [*](B.C. 132) between them had faded from view. The progress of time also made many changes. Thus the injustice done by the rich, although great, was not easy of ascertainment. So there was nothing but a general turn-about, all parties being moved out of their own places and settled down in other people's. [*](Y.R. 625)

The Italian allies who complained of these disturbances, [*](B.C. 129) and especially of the lawsuits hastily brought against them, chose Cornelius Scipio, the destroyer of Carthage, to defend them against these grievances. As he had availed himself of their very valiant services in war he was reluctant to disregard their request. So he came into the Senate, and although, out of regard for the plebeians, he did not openly find fault with the law of Gracchus, he expatiated on its difficulties and held that these causes ought not to be decided by the triumvirs, because they did not possess the confidence of the litigants, but should be turned over to others. As his view seemed reasonable, they yielded to his persuasion, and the consul Tuditanus was appointed to give judgment in these cases. But when he took hold of the work he saw the difficulties of it, and marched against the Illyrians as a pretext for not acting as judge, and since nobody brought cases for trial before the triumvirs they relapsed into idleness. From this cause hatred and indignation arose among the people against Scipio because they saw him, in whose favor they had often opposed the aristocracy and incurred their enmity, electing him consul twice contrary to law, now taking the side of the Italian allies against them. When Scipio's enemies observed this, they cried out that he was determined to abolish the law of Gracchus utterly and was about to inaugurate armed strife and bloodshed for that purpose.

When the people heard these charges they were in a state of alarm until Scipio, after placing near his couch at home one evening a tablet on which he intended to write during the night the speech he intended to deliver before the people, was found dead in his bed without a wound. Whether this was done by Cornelia, the mother of the Gracchi (aided by her daughter, Sempronia, who was married to Scipio, and was unloved and unloving because she was deformed and childless), lest the law of Gracchus should be abolished, or whether, as some think, he committed suicide because he saw plainly that he could not accomplish what he had promised, is not known. Some say that slaves, who were subjected to torture, testified that unknown persons were introduced through the rear of the house by night who suffocated him, and that those who knew about it hesitated to tell because the people were angry with him still and rejoiced at his death. So died Scipio, and although he had been of immense service to the Roman power he was not honored with a public funeral; so much does the anger of the present moment outweigh gratitude for the past. And this event, sufficiently important in itself, took place as an incident of the sedition of Gracchus.[*](It is uncertain whether Scipio was murdered or not. Cicero alludes to the event in one of his letters (Ad Fam. ix. 21), in which, speaking of one Gaius Carbo, he says that he was thought to have laid violent hands upon Africanus. Velleius says that marks of strangulation were found on his neck, yet adds in the same paragraph that most people thought he died a natural death.)

Those who were in possession of the lands even after these events postponed the division on various pretexts for a very long time. Some thought that the Italian allies, who made the greatest resistance to it, ought to be admitted to Roman citizenship so that, out of gratitude for the greater favor, they should no longer quarrel about the [*](Y.R. 629) land. The Italians were glad to accept this, because they [*](B.C. 125) preferred Roman citizenship to possession of the fields. Fulvius Flaccus, who was then both consul and triumvir, exerted himself to the utmost to bring it about, but the Senate was angry at the proposal to make their subjects [*](Y.R. 630) equal citizens with themselves. For this reason the attempt [*](B.C. 124) was abandoned, and the people, who had been so long in the hope of acquiring land, became disheartened. While they were in this mood Gaius Gracchus, who had made himself agreeable to them as a triumvir, offered himself for the tribuneship. He was the younger brother of Tiberius Gracchus, the promoter of the law, and had been silent for some time on the subject of the fate of his brother, but since many of the senators treated him scornfully he announced [*](Y.R. 631) himself as a candidate for the office of tribune. [*](B.C. 123) As soon as he was elected to this distinguished position he began to lay plots against the Senate, and proposed that a monthly distribution of corn should be made to each citizen at the public expense, which had not been customary before. Thus he got the leadership of the people quickly by one measure of policy, in which he had the coöperation of Fulvius Flaccus. Directly after that he was chosen tribune for the following year, for in cases where there was not a sufficient number of candidates the law authorized the people to choose from the whole number then in office. [*](Y.R. 632)

Thus Gaius Gracchus became tribune a second time. Having bought the plebeians, as it were, he began, by another like political manœuvre, to court the equestrian order, who hold the middle place between the Senate and the plebeians. He transferred the courts of justice, which had become discredited by reason of bribery, from the senators to the knights, reproaching the former especially with the recent examples of Aurelius Cotta, Salinator, and, third in the list, Manius Aquilius (the one who subdued Asia), all notorious bribe-takers, who had been acquitted by the judges, although ambassadors sent to complain against them were still present, going around uttering hateful accusations against them. The Senate was extremely ashamed of these things and yielded to the law, and the people ratified it. In this way were the courts of justice transferred from the Senate to the knights. It is said that soon after the passage of this law Gracchus remarked that he had broken the power of the Senate once for all. This saying of Gracchus has been even more confirmed by experience in the course of events. This power of sitting in judgment on all Romans and Italians, including the senators themselves, in all matters as to property, civil rights, and banishment, exalted the knights like rulers over them and put senators on the same level with subjects. Moreover, as the knights voted in the election to sustain the power of the tribunes, and obtained from them whatever they wanted in return, they became more and more formidable to the senators. So it shortly came about that the political mastery was turned upside down, the power being in the hands of the knights, and the honor only remaining [*](B.C. 122) with the Senate. The knights went so far that they not only held power over the senators, but they openly flouted them beyond their right. They also became addicted to bribe-taking, and having once tasted these enormous gains, they indulged in them even more basely and immoderately than the senators had done.[*](Cicero in his first oration against Verres (xiii.) says that there was no bribery of judges while the knights held that office, but inasmuch as he was trying to shame the senators against taking Verres' money, it would not be safe to accept the statement as literally true.) They suborned accusers against the rich and did away with prosecutions for bribe-taking altogether, partly by concert of action and partly by force and violence, so that the practice of this kind of investigation became entirely obsolete. Thus the judiciary law gave rise to another struggle of factions, which lasted a long time and was not less baneful than the former ones.

Gracchus made long roads throughout Italy and thus put a multitude of contractors and artisans under obligations to him and made them ready to do whatever he wished. He proposed the founding of numerous colonies.[*](The founding of colonies, which was originally a method of guarding the frontier, now became a method of providing for the poorer citizens.) He also called on the Latin allies to demand the full rights of Roman citizenship, since the Senate could not with decency refuse this privilege to their blood relations. To the other allies, who were not allowed to vote in Roman elections, he sought to give the right of suffrage, in order to have their help in the enactment of laws which he had in contemplation. The Senate was very much alarmed at this, and it ordered the consuls to give the following public notice, "Nobody who does not possess the right of suffrage shall stay in the city or approach within forty stades of it while voting is going on concerning these laws." The Senate also persuaded Livius Drusus, another tribune, to interpose his veto against the laws proposed by Gracchus, but not to tell the people his reasons for doing so; for a tribune was not required to give reasons for his veto. In order to conciliate the people they gave Drusus the privilege of founding twelve colonies, and the plebeians were so much pleased with this that they began to scoff at the laws proposed by Gracchus.