Chapter IX: Death of Crassus--Rupture between the Joint Rulers (2)

Now, to attain that object, Caesar's opponents had a very simple means. According to the existing ordinance as to elections, every candidate for the consulship was obliged to announce himself personally to the presiding magistrate, and to cause his name to be inscribed on the official list of candidates before the election, that is half a year before entering on office. It had probably been regarded in the conferences at Luca as a matter of course that Caesar would be released from this obligation, which was purely formal and was very often dispensed with; but the decree to that effect had not yet been issued, and, as Pompeius was now in possession of the decretive machinery, Caesar depended in this respect on the good will of his rival. Pompeius incomprehensibly abandoned of his own accord this completely secure position; with his consen and during his dictatorship (702) the personal appearance of Caesar was dispensed with by a tribunician law. When however soon afterwards the new election-ordinance(16) was issued, the obligation of candidates personally to enrol themselves was repeated in general terms, and no sort of exception was added in favour of those released from it by earlier resolutions of the people; according to strict form the privilege granted in favour of Caesar was cancelled by the later general law. Caesar complained, and the clause was subsequently appended but not confirmed by special decree of the people, so that this enactment inserted by mere interpolation in the already promulgated law could only be looked on de jure as a nullity. Where Pompeius, therefore, might have simply kept by the law, he had preferred first to make a spontaneous concession, then to recall it, and lastly to cloak this recall in a manner most disloyal.

Attempt to Shorten Caesar's Governorship

While in this way the shortening of Caesar's governorship was only aimed at indirectly, the regulations issued at the same time as to the governorships sought the same object directly. The ten years for which the governorship had been secured to Caesar, in the last instance through the law proposed by Pompeius himself in concert with Crassus, ran according to the usual mode of reckoning from 1 March 695 to the last day of February 705. As, however, according to the earlier practice, the proconsul or propraetor had the right of entering on his provincial magistracy immediately after the termination of his consulship or praetorship, the successor of Caesar was to be nominated, not from the urban magistrates of 704, but from those of 705, and could not therefore enter before 1st Jan. 706. So far Caesar had still during the last ten months of the year 705 a right to the command, not on the ground of the Pompeio-Licinian law, but on the ground of the old rule that a command with a set term still continued after the expiry of the term up to the arrival of the successor. But now, since the new regulation of 702 called to the governorships not the consuls and praetors going out, but those who had gone out five years ago or more, and thus prescribed an interval between the civil magistracy and the command instead of the previous immediate sequence, there was no longer any difficulty in straightway filling up from another quarter every legally vacant governorship, and so, in the case in question, bringing about for the Gallic provinces the change of command on the 1st March 705, instead of the 1st Jan. 706. The pitiful dissimulation and procrastinating artifice of Pompeius are after a remarkable manner mixed up, in these arrangements, with the wily formalism and the constitutional erudition of the republican party. Years before these weapons of state-law could be employed, they had them duly prepared, and put themselves in a condition on the one hand to compel Caesar to the resignation of his command from the day when the term secured to him by Pompeius' own law expired, that is from the 1st March 705, by sending successors to him, and on the other hand to be able to treat as null and void the votes tendered for him at the elections for 706. Caesar, not in a position to hinder these moves in the game, kept silence and left things to their own course.

Debates as to Caesar's Recall

Gradually therefore the slow course of constitutional procedure developed itself. According to custom the senate had to deliberate on the governorships of the year 705, so far as they went to former consuls, at the beginning of 703, so far as they went to former praetors, at the beginning of 704; that earlier deliberation gave the first occasion to discuss the nomination of new governors for the two Gauls in the senate, and thereby the first occasion for open collision between the constitutional party pushed forward by Pompeius and the senatorial supporters of Caesar. The consul Marcus Marcellus introduced a proposal to give the two provinces hitherto administered by the proconsul Gaius Caesar from the 1st March 705 to the two consulars who were to be provided with governorships for that year. The long-repressed indignation burst forth in a torrent through the sluice once opened; everything that the Catonians were meditating against Caesar was brought forward in these discussions. For them it was a settled point, that the right granted by exceptional law to the proconsul Caesar of announcing his candidature for the consulship in absence had been again cancelled by a subsequent decree of the people, and that the reservation inserted in the latter was invalid. The senate should in their opinion cause this magistrate, now that the subjugation of Gaul was ended, to discharge immediately the soldiers who had served out their time. The cases in which Caesar had bestowed burgess-rights and established colonies in Upper Italy were described by them as unconstitutional and null; in further illustration of which Marcellus ordained that a respected senator of the Caesarian colony of Comum, who, even if that place had not burgess but only Latin rights, was entitled to lay claim to Roman citizenship,(17) should receive the punishment of scourging, which was admissible only in the case of non-burgesses.

The supporters of Caesar at this time--among whom Gaius Vibius Pansa, who was the son of a man proscribed by Sulla but yet had entered on a political career, formerly an officer in Caesar's army and in this year tribune of the people, was the most notable-- affirmed in the senate that both the state of things in Gaul and equity demanded not only that Caesar should not be recalled before the time, but that he should be allowed to retain the command along with the consulship; and they pointed beyond doubt to the facts, that a few years previously Pompeius had just in the same way combined the Spanish governorships with the consulate, that even at the present time, besides the important office of superintending the supply of food to the capital, he held the supreme command in Italy in addition to the Spanish, and that in fact the whole men capable of arms had been sworn in by him and had not yet been released from their oath.

The process began to take shape, but its course was not on that account more rapid. The majority of the senate, seeing the breach approaching, allowed no sitting capable of issuing a decree to take place for months; and other months in their turn were lost over the solemn procrastination of Pompeius. At length the latter broke the silence and ranged himself, in a reserved and vacillating fashion as usual but yet plainly enough, on the side of the constitutional party against his former ally. He summarily and abruptly rejected the demand of the Caesarians that their master should be allowed to conjoin the consulship and the proconsulship; this demand, he added with blunt coarseness, seemed to him no better than if a son should offer to flog his father. He approved in principle the proposal of Marcellus, in so far as he too declared that he would not allow Caesar directly to attach the consulship to the pro-consulship. He hinted, however, although without making any binding declaration on the point, that they would perhaps grant to Caesar admission to the elections for 706 without requiring his personal announcement, as well as the continuance of his governorship at the utmost to the 13th Nov. 705. But in the meantime the incorrigible procrastinator consented to the postponement of the nomination of successors to the last day of Feb. 704, which was asked by the representatives of Caesar, probably on the ground of a clause of the Pompeio-Licinian law forbidding any discussion in the senate as to the nomination of successors before the beginning of Caesar's last year of office.

In this sense accordingly the decrees of the senate were issued (29 Sept. 703). The filling up of the Gallic governorships was placed in the order of the day for the 1st March 704; but even now it was attempted to break up the army of Caesar--just as had formerly been done by decree of the people with the army of Lucullus(18)-- by inducing his veterans to apply to the senate for their discharge. Caesar's supporters effected, indeed, as far as they constitutionally could, the cancelling of these decrees by their tribunician veto; but Pompeius very distinctly declared that the magistrates were bound unconditionally to obey the senate, and that intercessions and similar antiquated formalities would produce no change. The oligarchical party, whose organ Pompeius now made himself, betrayed not obscurely the design, in the event of a victory, of revising the constitution in their sense and removing everything which had even the semblance of popular freedom; as indeed, doubtless for this reason, it omitted to avail itself of the comitia at all in its attacks directed against Caesar. The coalition between Pompeius and the constitutional party was thus formally declared; sentence too was already evidently passed on Caesar, and the term of its promulgation was simply postponed. The elections for the following year proved thoroughly adverse to him.

Counter-Arrangements of Caesar

During these party manoeuvres of his antagonists preparatory to war, Caesar had succeeded in getting rid of the Gallic insurrection and restoring the state of peace in the whole subject territory. As early as the summer of 703, under the convenient pretext of defending the frontier(19) but evidently in token of the fact that the legions in Gaul were now beginning to be no longer needed there, he moved one of them to North Italy. He could not avoid perceiving now at any rate, if not earlier, that he would not be spared the necessity of drawing the sword against his fellow- citizens; nevertheless, as it was highly desirable to leave the legions still for a time in the barely pacified Gaul, he sought even yet to procrastinate, and, well acquainted with the extreme love of peace in the majority of the senate, did not abandon the hope of still restraining them from the declaration of war in spite of the pressure exercised over them by Pompeius. He did not even hesitate to make great sacrifices, if only he might avoid for the present open variance with the supreme governing board. When the senate (in the spring of 704) at the suggestion of Pompeius requested both him and Caesar to furnish each a legion for the impending Parthian war(20) and when agreeably to this resolution Pompeius demanded back from Caesar the legion lent to him some years before, so as to send it to Syria, Caesar complied with the double demand, because neither the opportuneness of this decree of the senate nor the justice of the demand of Pompeius could in themselves be disputed, and the keeping within the bounds of the law and of formal loyalty was of more consequence to Caesar than a few thousand soldiers. The two legions came without delay and placed themselves at the disposal of the government, but instead of sending them to the Euphrates, the latter kept them at Capua in readiness for Pompeius; and the public had once more the opportunity of comparing the manifest endeavours of Caesar to avoid a rupture with the perfidious preparation for war by his opponents.

Curio

For the discussions with the senate Caesar had succeeded in purchasing not only one of the two consuls of the year, Lucius Aemilius Paullus, but above all the tribune of the people Gaius Curio, probably the most eminent among the many profligate men of parts in this epoch;(21) unsurpassed in refined elegance, in fluent and clever oratory, in dexterity of intrigue, and in that energy which in the case of vigorous but vicious characters bestirs itself only the more powerfully amid the pauses of idleness; but also unsurpassed in his dissolute life, in his talent for borrowing-- his debts were estimated at 60,000,000 sesterces (600,000 pounds)-- and in his moral and political want of principle. He had previously offered himself to be bought by Caesar and had been rejected; the talent, which he thenceforward displayed in his attacks on Caesar, induced the latter subsequently to buy him up--the price was high, but the commodity was worth the money.

Debates as to the Recall of Caesar and Pompeius

Curio had in the first months of his tribunate of the people played the independent republican, and had as such thundered both against Caesar and against Pompeius. He availed himself with rare skill of the apparently impartial position which this gave him, when in March 704 the proposal as to the filling up of the Gallic governorships for the next year came up afresh for discussion in the senate; he completely approved the decree, but asked that it should be at the same time extended to Pompeius and his extraordinary commands. His arguments--that a constitutional state of things could only be brought about by the removal of all exceptional positions, that Pompeius as merely entrusted by the senate with the proconsulship could still less than Caesar refuse obedience to it, that the one-sided removal of one of the two generals would only increase the danger to the constitution-- carried complete conviction to superficial politicians and to the public at large; and the declaration of Curio, that he intended to prevent any onesided proceedings against Caesar by the veto constitutionally belonging to him, met with much approval in and out of the senate. Caesar declared his consent at once to Curio's proposal and offered to resign his governorship and command at any moment on the summons of the senate, provided Pompeius would do the same; he might safely do so, for Pompeius without his Italo-Spanish command was no longer formidable. Pompeius again for that very reason could not avoid refusing; his reply--that Caesar must first resign, and that he meant speedily to follow the example thus set-- was the less satisfactory, that he did not even specify a definite term for his retirement. Again the decision was delayed for months; Pompeius and the Catonians, perceiving the dubious humour of the majority of the senate, did not venture to bring Curio's proposal to a vote. Caesar employed the summer in establishing the state of peace in the regions which he had conquered, in holding a great review of his troops on the Scheldt, and in making a triumphal march through the province of North Italy, which was entirely devoted to him; autumn found him in Ravenna, the southern frontier-town of his province.

Caesar and Pompeius Both Recalled

The vote which could no longer be delayed on Curio's proposal at length took place, and exhibited the defeat of the party of Pompeius and Cato in all its extent. By 370 votes against 20 the senate resolved that the proconsuls of Spain and Gaul should both be called upon to resign their offices; and with boundless joy the good burgesses of Rome heard the glad news of the saving achievement of Curio. Pompeius was thus recalled by the senate no less than Caesar, and while Caesar was ready to comply with the command, Pompeius positively refused obedience. The presiding consul Gaius Marcellus, cousin of Marcus Marcellus and like the latter belonging to the Catonian party, addressed a severe lecture to the servile majority; and it was, no doubt, vexatious to be thus beaten in their own camp and beaten by means of a phalanx of poltroons. But where was victory to come from under a leader, who, instead of shortly and distinctly dictating his orders to the senators, resorted in his old days a second time to the instructions of a professor of rhetoric, that with eloquence polished up afresh he might encounter the youthful vigour and brilliant talents of Curio?

Declaration of War

The coalition, defeated in the senate, was in the most painful position. The Catonian section had undertaken to push matters to a rupture and to carry the senate along with them, and now saw their vessel stranded after a most vexatious manner on the sandbanks of the indolent majority. Their leaders had to listen in their conferences to the bitterest reproaches from Pompeius; he pointed out emphatically and with entire justice the dangers of the seeming peace; and, though it depended on himself alone to cut the knot by rapid action, his allies knew very well that they could never expect this from him, and that it was for them, as they had promised, to bring matters to a crisis. After the champions of the constitution and of senatorial government had already declared the constitutional rights of the burgesses and of the tribunes of the people to be meaningless formalities,(22) they now found themselves driven by necessity to treat the constitutional decision; of the senate itself in a similar manner and, as the legitimate government would not let itself be saved with its own consent, to save it against its will. This was neither new nor accidental; Sulla(23) and Lucullus(24) had been obliged to carry every energetic resolution conceived by them in the true interest of the government with a high hand irrespective of it, just as Cato and his friends now proposed to do; the machinery of the constitution was in fact utterly effete, and the senate was now--as the comitia had been for centuries--nothing but a worn-out wheel slipping constantly out of its track.

It was rumoured (Oct. 704) that Caesar had moved four legions from Transalpine into Cisalpine Gaul and stationed them at Placentia. This transference of troops was of itself within the prerogative of the governor; Curio moreover palpably showed in the senate the utter groundlessness of the rumour; and they by a majority rejected the proposal of the consul Gaius Marcellus to give Pompeius on the strength of it orders to march against Caesar. Yet the said consul, in concert with the two consuls elected for 705 who likewise belonged to the Catonian party, proceeded to Pompeius, and these three men by virtue of their own plenitude of power requested the general to put himself at the head of the two legions stationed at Capua, and to call the Italian militia to arms at his discretion. A more informal authorization for the commencement of a civil war can hardly be conceived; but people had no longer time to attend to such secondary matters; Pompeius accepted it. The military preparations, the levies began; in order personally to forward them, Pompeius left the capital in December 704.

The Ultimatum of Caesar

Caesar had completely attained the object of devolving the initiative of civil war on his opponents. He had, while himself keeping on legal ground, compelled Pompeius to declare war, and to declare it not as representative of the legitimate authority, but as general of an openly revolutionary minority of the senate which overawed the majority. This result was not to be reckoned of slight importance, although the instinct of the masses could not and did not deceive itself for a moment as to the fact that the war concerned other things than questions of formal law. Now, when war was declared, it was Caesar's interest to strike a blow as soon as possible. The preparations of his opponents were just beginning and even the capital was not occupied. In ten or twelve days an army three times as strong as the troops of Caesar that were in Upper Italy could be collected at Rome; but still it was not impossible to surprise the city undefended, or even perhaps by a rapid winter campaign to seize all Italy, and to shut off the best resources of his opponents before they could make them available. The sagacious and energetic Curio, who after resigning his tribunate (10 Dec. 704) had immediately gone to Caesar at Ravenna, vividly represented the state of things to his master; and it hardly needed such a representation to convince Caesar that longer delay now could only be injurious. But, as he with the view of not giving his antagonists occasion to complain had hitherto brought no troops to Ravenna itself, he could for the present do nothing but despatch orders to his whole force to set out with all haste; and he had to wait till at least the one legion stationed in Upper Italy reached Ravenna. Meanwhile he sent an ultimatum to Rome, which, if useful for nothing else, by its extreme submissiveness still farther compromised his opponents in public opinion, and perhaps even, as he seemed himself to hesitate, induced them to prosecute more remissly their preparations against him. In this ultimatum Caesar dropped all the counter-demands which he formerly made on Pompeius, and offered on his own part both to resign the governorship of Transalpine Gaul, and to dismiss eight of the ten legions belonging to him, at the term fixed by the senate; he declared himself content, if the senate would leave him either the governorship of Cisalpine Gaul and Illyria with one, or that of Cisalpine Gaul alone with two, legions, not, forsooth, up to his investiture with the consulship, but till after the close of the consular elections for 706. He thus consented to those proposals of accommodation, with which at the beginning of the discussions the senatorial party and even Pompeius himself had declared that they would be satisfied, and showed himself ready to remain in a private position from his election to the consulate down to his entering on office. Whether Caesar was in earnest with these astonishing concessions and had confidence that he should be able to carry through his game against Pompeius even after granting so much, or whether he reckoned that those on the other side had already gone too far to find in these proposals of compromise more than a proof that Caesar regarded his cause itself as lost, can no longer be with certainty determined. The probability is, that Caesar committed the fault of playing a too bold game, far worse rather than the fault of promising something which he was not minded to perform; and that, if strangely enough his proposals had been accepted, he would have made good his word.

Last Debate in the Senate

Curio undertook once more to represent his master in the lion's den. In three days he made the journey from Ravenna to Rome. When the new consuls Lucius Lentulus and Gaius Marcellus the younger(25) assembled the senate for the first time on 1 Jan. 705, he delivered in a full meeting the letter addressed by the general to the senate. The tribunes of the people, Marcus Antonius well known in the chronicle of scandal of the city as the intimate friend of Curio and his accomplice in all his follies, but at the same time known from the Egyptian and Gallic campaigns as a brilliant cavalry officer, and Quintus Cassius, Pompeius' former quaestor,--the two, who were now in Curio's stead managing the cause of Caesar in Rome-- insisted on the immediate reading of the despatch. The grave and clear words in which Caesar set forth the imminence of civil war, the general wish for peace, the arrogance of Pompeius, and his own yielding disposition, with all the irresistible force of truth; the proposals for a compromise, of a moderation which doubtless surprised his own partisans; the distinct declaration that this was the last time that he should offer his hand for peace-- made the deepest impression. In spite of the dread inspired by the numerous soldiers of Pompeius who flocked into the capital, the sentiment of the majority was not doubtful; the consuls could not venture to let it find expression. Respecting the proposal renewed by Caesar that both generals might be enjoined to resign their commands simultaneously, respecting all the projects of accommodation suggested by his letter, and respecting the proposal made by Marcus Coelius Rufus and Marcus Calidius that Pompeius should be urged immediately to depart for Spain, the consuls refused-- as they in the capacity of presiding officers were entitled to do-- to let a vote take place. Even the proposal of one of their most decided partisans who was simply not so blind to the military position of affairs as his party, Marcus Marcellus--to defer the determination till the Italian levy en masse could be under arms and could protect the senate--was not allowed to be brought to a vote. Pompeius caused it to be declared through his usual organ, Quintus Scipio, that he was resolved to take up the cause of the senate now or never, and that he would let it drop if they longer delayed. The consul Lentulus said in plain terms that even the decree of the senate was no longer of consequence, and that, if it should persevere in its servility, he would act of himself and with his powerful friends take the farther steps necessary. Thus overawed, the majority decreed what was commanded-- that Caesar should at a definite and not distant day give up Transalpine Gaul to Lucius Domitius Ahenobarbus, and Cisalpine Gaul to Marcus Servilius Nonianus, and should dismiss his army, failing which he should be esteemed a traitor. When the tribunes of Caesar's party made use of their right of veto against this resolution, not only were they, as they at least asserted, threatened in the senate-house itself by the swords of Pompeian soldiers, and forced, in order to save their lives, to flee in slaves' clothing from the capital; but the now sufficiently overawed senate treated their formally quite constitutional interference as an attempt at revolution, declared the country in danger, and in the usual forms called the whole burgesses to take up arms, and all magistrates faithful to the constitution to place themselves at the head of the armed (7 Jan. 705).

Caesar Marches into Italy

Now it was enough. When Caesar was informed by the tribunes who had fled to his camp entreating protection as to the reception which his proposals had met with in the capital, he called together the soldiers of the thirteenth legion, which had meanwhile arrived from its cantonments near Tergeste (Trieste) at Ravenna, and unfolded before them the state of things. It was not merely the man of genius versed in the knowledge and skilled in the control of men's hearts, whose brilliant eloquence shone forth and glowed in this agitating crisis of his own and the world's destiny; nor merely the generous commander-in-chief and the victorious general, addressing soldiers, who had been called by himself to arms and for eight years had followed his banners with daily-increasing enthusiasm. There spoke, above all, the energetic and consistent statesman, who had now for nine-and-twenty years defended the cause of freedom in good and evil times; who had braved for it the daggers of assassins and the executioners of the aristocracy, the swords of the Germans and the waves of the unknown ocean, without ever yielding or wavering; who had torn to pieces the Sullan constitution, had overthrown the rule of the senate, and had furnished the defenceless and unarmed democracy with protection and with arms by means of the struggle beyond the Alps. And he spoke, not to the Clodian public whose republican enthusiasm had been long burnt down to ashes and dross, but to the young men from the towns and villages of Northern Italy, who still felt freshly and purely the mighty influence of the thought of civic freedom; who were still capable of fighting and of dying for ideals; who had themselves received for their country in a revolutionary way from Caesar the burgess-rights which the government refused to them; whom Caesar's fall would leave once more at the mercy of the -fasces-, and who already possessed practical proofs(26) of the inexorable use which the oligarchy proposed to make of these against the Transpadanes. Such were the listeners before whom such an orator set forth the facts-- the thanks for the conquest of Gaul which the nobility were preparing for the general and his army; the contemptuous setting aside of the comitia; the overawing of the senate; the sacred duty of protecting with armed hand the tribunate of the people wrested five hundred years ago by their fathers arms in hand from the nobility, and of keeping the ancient oath which these had taken for themselves as for their children's children that they would man by man stand firm even to death for the tribunes of the people.(27) And then, when he-- the leader and general of the popular party--summoned the soldiers of the people, now that conciliatory means had been exhausted and concession had reached its utmost limits, to follow him in the last, the inevitable, the decisive struggle against the equally hated and despised, equally perfidious and incapable, and in fact ludicrously incorrigible aristocracy--there was not an officer or a soldier who could hold back. The order was given for departure; at the head of his vanguard Caesar crossed the narrow brook which separated his province from Italy, and which the constitution forbade the proconsul of Gaul to pass. When after nine years' absence he trod once more the soil of his native land, he trod at the same time the path of revolution. "The die was cast."