Thus the great robber-captain and with him the best of his comrades died the death of free men and of honourable soldiers (683). After the dearly-bought victory the troops who had achieved it, and those of Pompeius that had meanwhile after conquering the Sertorians arrived from Spain, instituted throughout Apulia and Lucania a manhunt, such as there had never been before, to crush out the last sparks of the mighty conflagration. Although in the southern districts, where for instance the little town of Tempsa was seized in 683 by a gang of robbers, and in Etruria, which was severely affected by Sulla's evictions, there was by no means as yet a real public tranquillity, peace was officially considered as re-established in Italy. At least the disgracefully lost eagles were recovered - after the victory over the Celts alone five of them were brought in; and along the road from Capua to Rome the six thousand crosses bearing captured slaves testified to the re-establishment of order, and to the renewed victory of acknowledged law over its living property that had rebelled.
The Government of the Restoration as a Whole
Let us look back on the events which fill up the ten years of the Sullan restoration. No one of the movements, external or internal, which occurred during this period - neither the insurrection of Lepidus, nor the enterprises of the Spanish emigrants, nor the wars in Thrace and Macedonia and in Asia Minor, nor the risings of the pirates and the slaves - constituted of itself a mighty danger necessarily affecting the vital sinews of the nation; and yet the state had in all these struggles well-nigh fought for its very existence. The reason was that the tasks were everywhere left unperformed, so long as they might still have been performed with ease; the neglect of the simplest precautionary measures produced the most dreadful mischiefs and misfortunes, and transformed dependent classes and impotent kings into antagonists on a footing of equality. The democracy and the servile insurrection were doubtless subdued; but such as the victories were, the victor was neither inwardly elevated nor outwardly strengthened by them. It was no credit to Rome, that the two most celebrated generals of the government party had during a struggle of eight years marked by more defeats than victories failed to master the insurgent chief Sertorius and his Spanish guerillas, and that it was only the dagger of his friends that decided the Sertorian war in favour of the legitimate government. As to the slaves, it was far less an honour to have conquered them than a disgrace to have confronted them in equal strife for years. Little more than a century had elapsed since the Hannibalic war; it must have brought a blush to the cheek of the honourable Roman, when he reflected on the fearfully rapid decline of the nation since that great age.
Then the Italian slaves stood like a wall against the veterans of Hannibal; now the Italian militia were scattered like chaff before the bludgeons of their runaway serfs. Then every plain captain acted in case of need as general, and fought often without success, but always with honour; now it was difficult to find among all the officers of rank a leader of even ordinary efficiency. Then the government preferred to take the last farmer from the plough rather than forgo the acquisition of Spain and Greece; now they were on the eve of again abandoning both regions long since acquired, merely that they might be able to defend themselves against the insurgent slaves at home. Spartacus too as well as Hannibal had traversed Italy with an army from the Po to the Sicilian straits, beaten both consuls, and threatened Rome with blockade; the enterprise which had needed the greatest general of antiquity to conduct it against the Rome of former days could be undertaken against the Rome of the present by a daring captain of banditti. Was there any wonder that no fresh life sprang out of such victories over insurgents and robber-chiefs?
The external wars, however, had produced a result still less gratifying. It is true that the Thraco-Macedonian war had yielded a result not directly unfavourable, although far from corresponding to the considerable expenditure of men and money. In the wars in Asia Minor and with the pirates on the other hand, the government had exhibited utter failure. The former ended with the loss of the whole conquests made in eight bloody campaigns, the latter with the total driving of the Romans from "their own sea". Once Rome, fully conscious of the irresistibleness of her power by land, had transferred her superiority also to the other element; now the mighty state was powerless at sea and, as it seemed, on the point of also losing its dominion at least over the Asiatic continent. The material benefits which a state exists to confer - security of frontier, undisturbed peaceful intercourse, legal protection, and regulated administration - began all of them to vanish for the whole of the nations united in the Roman state; the gods of blessing seemed all to have mounted up to Olympus and to have left the miserable earth at the mercy of the officially called or volunteer plunderers and tormentors. Nor was this decay of the state felt as a public misfortune merely perhaps by such as had political rights and public spirit; the insurrection of the proletariate, and the brigandage and piracy which remind us of the times of the Neapolitan Ferdinands, carried the sense of this decay into the remotest valley and the humblest hut of Italy, and made every one who pursued trade and commerce, or who bought even a bushel of wheat, feel it as a personal calamity.
If inquiry was made as to the authors of this dreadful and unexampled misery, it was not difficult to lay the blame of it with good reason on many. The slaveholders whose heart was in their money-bags, the insubordinate soldiers, the generals cowardly, incapable, or foolhardy, the demagogues of the market-place mostly pursuing a mistaken aim, bore their share of the blame; or, to speak more truly, who was there that did not share in it? It was instinctively felt that this misery, this disgrace, this disorder were too colossal to be the work of any one man. As the greatness of the Roman commonwealth was the work not of prominent individuals, but rather of a soundly-organized burgess-body, so the decay of this mighty structure was the result not of the destructive genius of individuals, but of a general disorganization. The great majority of the burgesses were good for nothing, and every rotten stone in the building helped to bring about the ruin of the whole; the whole nation suffered for what was the whole nation's fault. It was unjust to hold the government, as the ultimate tangible organ of the state, responsible for all its curable and incurable diseases; but it certainly was true that the government contributed after a very grave fashion to the general culpability. In the Asiatic war, for example, where no individual of the ruling lords conspicuously failed, and Lucullus, in a military point of view at least, behaved with ability and even glory, it was all the more clear that the blame of failure lay in the system and in the government as such - primarily, so far as that war was concerned, in the remissness with which Cappadocia and Syria were at first abandoned, and in the awkward position of the able general with reference to a governing college incapable of any energetic resolution. In maritime police likewise the true idea which the senate had taken up as to a general hunting out of the pirates was first spoilt by it in the execution and then totally dropped, in order to revert to the old foolish system of sending legions against the coursers of the sea. The expeditions of Servilius and Marcius to Cilicia, and of Metellus to Crete, were undertaken on this system; and in accordance with it Triarius had the island of Delos surrounded by a wall for protection against the pirates. Such attempts to secure the dominion of the seas remind us of that Persian great-king, who ordered the sea to be scourged with rods to make it subject to him. Doubtless therefore the nation had good reason for laying the blame of its failure primarily on the government of the restoration. A similar misrule had indeed always come along with the re-establishment of the oligarchy, after the fall of the Gracchi as after that of Marius and Saturninus; yet never before had it shown such violence and at the same time such laxity, never had it previously emerged so corrupt and pernicious. But, when a government cannot govern, it ceases to be legitimate, and whoever has the power has also the right to overthrow it. It is, no doubt, unhappily true that an incapable and flagitious government may for a long period trample under foot the welfare and honour of the land, before the men
are found who are able and willing to wield against that government the formidable weapons of its own forging, and to evoke out of the moral revolt of the good and the distress of the many the revolution which is in such a case legitimate. But if the game attempted with the fortunes of nations may be a merry one and may be played perhaps for a long time without molestation, it is a treacherous game, which in its own time entraps the players; and no one then blames the axe, if it is laid to the root of the tree that bears such fruits. For the Roman oligarchy this time had now come.
The Pontic-Armenian war and the affair of the pirates became the proximate causes of the overthrow of the Sullan constitution and of the establishment of a revolutionary military dictatorship.
Chapter III
The Fall of the Oligarchy and the Rule of Pompeius
Continued Subsistence of the Sullan Constitution
The Sullan constitution still stood unshaken. The assault, which Lepidus and Sertorius had ventured to make on it, had been repulsed with little loss. The government had neglected, it is true, to finish the half-completed building in the energetic spirit of its author. It is characteristic of the government, that it neither distributed the lands which Sulla had destined for allotment but had not yet parcelled out, nor directly abandoned the claim to them, but tolerated the former owners in provisional possession without regulating their title, and indeed even allowed various still undistributed tracts of Sullan domain-land to be arbitrarily taken possession of by individuals according to the old system of occupation, which was de jure and de facto set aside by the Gracchan reforms[1]. Whatever in the Sullan enactments was indifferent or inconvenient for the Optimates, was without scruple ignored or cancelled; for instance, the sentences under which whole communities were deprived of the right of citizenship, the prohibition against conjoining the new farms, and several of the privileges conferred by Sulla on particular communities - of course, without giving back to the communities the sums paid for these exemptions. But though these violations of the ordinances of Sulla by the government itself contributed to shake the foundations of his structure, the Sempronian laws were substantially abolished and remained so.
Attacks of the Democracy - Corn-Laws - Attempts to Restore the Tribunician Power
There was no lack, indeed, of men who had in view the re-establishment of the Gracchan constitution, or of projects to attain piecemeal in the way of constitutional reform what Lepidus and Sertorius had attempted by the path of revolution. The government had already under the pressure of the agitation of Lepidus immediately after the death of Sulla consented to a limited revival of the largesses of grain (676); and it did, moreover, what it could to satisfy the proletariate of the capital in regard to this vital question. When, notwithstanding those distributions, the high price of grain occasioned chiefly by piracy produced so oppressive a dearth in Rome as to lead to a violent tumult in the streets in 679, extraordinary purchases of Sicilian grain on account of the government relieved for the time the most severe distress; and a corn-law brought in by the consuls of 681 regulated for the future the purchases of Sicilian grain and furnished the government, although at the expense of the provincials, with better means of obviating similar evils. But the less material points of difference also - the restoration of the tribunician power in its old compass, and the setting aside of the senatorial tribunals - ceased not to form subjects of popular agitation; and in their case the government offered more decided resistance. The dispute regarding the tribunician magistracy was opened as early as 678, immediately after the defeat of Lepidus, by the tribune of the people Lucius Sicinius, perhaps a descendant of the man of the same name who had first filled this office more than four hundred years before; but it failed before the resistance offered to it by the active consul Gaius Curio. In 680 Lucius Quinctius resumed the agitation, but was induced by the authority of the consul Lucius Lucullus to desist from his purpose. The matter was taken up in the following year with greater zeal by Gaius Licinius Macer, who - in a way characteristic of the period - carried his literary studies into public life, and, just as he had read in the Annals, counselled the burgesses to refuse the conscription.
Attacks on the Senatorial Tribunals
Complaints also, only too well founded, prevailed respecting the bad administration of justice by the senatorial jurymen. The condemnation of a man of any influence could hardly be obtained. Not only did colleague feel reasonable compassion for colleague, those who had been or were likely to be accused for the poor sinner under accusation at the moment; the sale also of the votes of jurymen was hardly any longer exceptional. Several senators had been judicially convicted of this crime: men pointed with the finger at others equally guilty; the most respected Optimates, such as Quintus Catulus, granted in an open sitting of the senate that the complaints were quite well founded; individual specially striking cases compelled the senate on several occasions, e. g. in 680, to deliberate on measures to check the venality of juries, but only of course till the first outcry had subsided and the matter could be allowed to slip out of sight. The consequences of this wretched administration of justice appeared especially in a system of plundering and torturing the provincials, compared with which even previous outrages seemed tolerable and moderate.
Stealing and robbing had been in some measure legitimized by custom; the commission on extortions might be regarded as an institution for taxing the senators returning from the provinces for the benefit of their colleagues that remained at home. But when an esteemed Siceliot, because he had not been ready to help the governor in a crime, was by the latter condemned to death in his absence and unheard; when even Roman burgesses, if they were not equites or senators, were in the provinces no longer safe from the rods and axes of the Roman magistrate, and the oldest acquisition of the Roman democracy - security of life and person - began to be trodden under foot by the ruling oligarchy; then even the public in the Forum at Rome had an ear for the complaints regarding its magistrates in the provinces, and regarding the unjust judges who morally shared the responsibility of such misdeeds. The opposition of course did not omit to assail its opponents in - what was almost the only ground left to it - the tribunals. The young Gaius Caesar, who also, so far as his age allowed, took zealous part in the agitation for the re-establishment of the tribunician power, brought to trial in 677 one of the most respected partisans of Sulla the consular Gnaeus Dolabella, and in the following year another Sullan officer Gaius Antonius; and Marcus Cicero in 684 called to account Gaius Verres, one of the most wretched of the creatures of Sulla, and one of the worst scourges of the provincials. Again and again were the pictures of that dark period of the proscriptions, the fearful sufferings of the provincials, the disgraceful state of Roman criminal justice, unfolded before the assembled multitude with all the pomp of Italian rhetoric, and with all the bitterness of Italian sarcasm, and the mighty dead as well as his living instruments were unrelentingly exposed to their wrath and scorn. The re-establishment of the full tribunician power, with the continuance of which the freedom, might, and prosperity of the republic seemed bound up as by a charm of primeval sacredness, the reintroduction of the "ster" equestrian tribunals, the renewal of the censorship, which Sulla had set aside, for the purifying of the supreme governing board from its corrupt and pernicious elements, were daily demanded with a loud voice by the orators of the popular party.
Want of Results from the Democratic Agitation
But with all this no progress was made. There was scandal and outcry enough, but no real result was attained by this exposure of the government according to and beyond its deserts. The material power still lay, so long as there was no military interference, in the hands of the burgesses of the capital; and the "people" that thronged the streets of Rome and made magistrates and laws in the Forum, was in fact nowise better than the governing senate.
The government no doubt had to come to terms with the multitude, where its own immediate interest was at stake; this was the reason for the renewal of the Sempronian
corn-law. But it was not to be imagined that this populace would have displayed earnestness on behalf of an idea or even of a judicious reform. What Demosthenes said of his Athenians was justly applied to the Romans of this period - the people were very zealous for action, so long as they stood round the platform and listened to proposals of reforms; but when they went home, no one thought further of what he had heard in the market-place. However those democratic agitators might stir the fire, it was to no purpose, for the inflammable material was wanting. The government knew this, and allowed no sort of concession to be wrung from it on important questions of principle; at the utmost it consented (about 682) to grant amnesty to a portion of those who had become exiles with Lepidus.
The history of Rome. Book V Page 11
