Whatever may be our judgment on the merits and results of this social programme, the importance of the political character which it was to assume, from the close of the career of Caius Gracchus to the downfall of the Republic, can hardly be exaggerated. The items of reform as embodied in his legislation became the constant factors in every democratic programme which was to be issued in the future. In these we see the demand for land, for colonial assignations, for transmarine settlements, for a renewal or extension of the corn law, perpetually recurring. It is true that this recurrence may be in part due to the very potency of the personality of the first reformer and to the magic of the memory which he left behind him. Party-cries tend to become shibboleths and it is difficult to unravel the web that has been spun by the hand of a master. Even the hated cry for the Italian franchise, which had proved the undoing of Caius Gracchus, became acceptable to party leaders and to an ever-growing section of their followers, largely because it had become entwined with his programme of reform. But the vigorous life of his great manifesto cannot be explained wholly on this ground. It is a greater exaltation of its author to believe that its life was due to its intrinsic utility, and that Gracchus indicated real needs which, because they remained unsatisfied until the birth of the Principate, were ever the occasion for the renewal of proposals so closely modelled on his own.

When we turn from the social to the political changes of this period, we are on far less debatable ground. Although there may be some doubt as to the intention with which each reform was brought into existence by Caius Gracchus, its character as illustrated by its place in the economy of the commonwealth is so clearly stamped upon it and so potently manifested in the immediately following years, that a comprehensive discussion of the nature of his single measures would be merely an unprofitable effort to recall the past or anticipate the future. But the collective effect of his separate efforts has been subjected to very different interpretations, and the question has been further complicated by hazardous, and sometimes overconfident, attempts to determine how far the legislator's intentions were fulfilled in the actual result of his reforms. Because it can be shown that the changes introduced by Gracchus, or, to be more strictly accurate, the symptoms which elicited these changes, ultimately led to monarchical rule, Gracchus has been at times regarded as the conscious author and possessor of a personal supremacy which he deliberately intended should replace the intricate and somewhat cumbrous mechanism which controlled the constitutional government of Rome; because he sowed the seeds of a discord so terrible as to be unendurable even in a state which had never known the absence of faction and conflict, and had preserved its liberties through carefully regulated strife, his work has been held to be that of some avenging angel who came, not to renew, but to destroy. There is truth in both these pictures; but the Gracchus whom they portray as the force that annihilated centuries of crafty workmanship, as the first precursor of the coming monarchy, is the Gracchus who rightly lives in the historic imagination which, unfettered by conditions of space or time, prefers the contemplation of the eternity of the work to that of the environment of the worker; it is a presentment which would be applicable to any man as able and as resolute as Gracchus, who attempted to meet the evils created by a weak and irresponsible administration, partly by the restoration of old forms, partly by the recognition of new and pressing claims. There is a point at which reform, except it go so far as to blot out a constitution and substitute another in its place, must act as a weakening and dissolving force. That point is reached when an existing government is effectually hampered from exercising the prerogatives of sovereignty and no other power is sufficiently strengthened to act as its unquestioned substitute. The dissolution will be easier if reform bears the not uncommon aspect of conservatism, and a nominal sovereign, whose strength, never very great, has been sapped by disuse and the habit of mechanical obedience, is placed in competition with a somewhat effete usurper. It is not, however, fair to regard Gracchus as a radical reactionary who was the first to drag a prisoned and incapable sovereign into the light of day. Had he done this, he would have been the author of a revolution and the creator of a new constitution. But this he never attempted to be, and such a view of his work rests on the mistaken impression that, at the time of his reforms, the senate was recognised as the true government of Rome. Such a pretension had never been published nor accepted. We are not concerned with its reality as a fact; but no sound analysis, whether undertaken by lawyer or historian, would have admitted its theoretical truth. The literary atmosphere teemed with theories of popular sovereignty of a limited kind, and Gracchus, while recognising this sovereignty, did little to remove its limitations. It is true that, like his brother, he legislated without seeking the customary sanction of the senate; but initial reforms could never have been carried through, had the legislator waited for this sanction; and the future freedom of the Comitia from senatorial control was at best guaranteed by the force of the example of the Gracchi, not by any new legal ordinances which they ordained. Earlier precedents of the same type had not been lacking, and it was only the comprehensiveness of the Gracchan legislation which seemed to give a new impetus to the view that in all fundamental matters, which called for regulation by Act of Parliament, the people was the single and uncontrolled sovereign. Thus was developed the idea of the possibility of a new period of growth, which should refashion the details of the structure of the State into greater correspondence with the changed conditions of the times. As the earlier process of change had raised the senate to power, the latter might be interpreted as containing a promise that a new master was to be given to the Roman world. But it is highly improbable that to Gracchus or to any of his contemporaries was the true nature of the prophecy revealed. For the moment a balance of power was established, and the moneyed class stood midway between the opposing factions of senate and people. Its new powers were intended to constrain the senate into efficiency rather than to reduce it to impotence, and to create these powers Gracchus had endowed the equestrian order with that right of audit which, in the earlier theory of the constitution, had been held to be one of the securest guarantees of the power of the people. Gracchus predicted the strife that was likely to follow this friction between the government and the courts; but this prediction, while it perhaps reveals the hope that in the issues of the future the mercantile class would generally be found on the side of the people, betrays still more clearly the belief that the people, and their patron of the moment, were utterly incapable of standing alone, and that no true democratic government was possible for Rome. In spite of his Hellenism Gracchus betrayed two characteristics of the true Roman. He believed in the advisability of creating a political impasse, from which some mode of escape would ultimately be devised by the wearied and lacerated combatants; and he held firmly to the view that the people, considered strictly in itself, had no organic existence; that it never was, and never could be, a power in its own right. He made no effort to give the Roman Comitia an organisation which would have placed it on something like the independent level of a Greek Ecclesia. Such an omission was perhaps the result of neglect rather than of deliberation; but this very neglect proves that Gracchus had in no way emancipated himself from the typical Roman idea that the people could find expression only through the voice of a magistrate. This idea unquestionably made the leader of the moment the practical head of the State during any crisis that called for constant intervention on the part of the Comitia; but there is no reason to suppose a belief on the part of Gracchus that such intervention would be unremittingly demanded, would become as integral a part of the every-day mechanism of government as the senate's direction of the provinces or the knight's control of the courts. But even had he held this view, the situation which it conjured up need not have borne a close resemblance to monarchy. The natural vehicle for the expression of the popular will would have been the tribunate—an office which by its very nature presented such obvious hindrances to personal rule as the existence of colleagues armed with the power of veto, the short tenure of office, and the enjoyment of powers that were mainly negative. It is true that the Gracchi themselves had shown how some of these difficulties might be overcome. The attempt at re-election, the accumulation of offices, the disregard of the veto, were innovations forced on them by the knowledge, gained from bitter experience, that reform could proceed only from a power that was to some extent outside the constitution, and that the efficient execution of the contemplated measures demanded the concentration of varied types of authority in a single hand. Perhaps Caius faced the situation more frankly than his brother; but his consciousness of the necessity of such an occasional power in the State was accompanied by the belief that it would prove the ruin of the man who grasped it, that the work might be done but that the worker would be doomed. These gloomy anticipations were not the result of disordered nerves, but the natural fruit of the coldly calculating intellect which saw that supremacy either of or through the people was an illusion, that the power of the nobility must be resisted by keener and more durable weapons than the Comitia and its temporary leaders, that the authority of the senate might yield to a slow process of attrition, but would never be engulfed by any cataclysmic outburst of popular hostility. It was no part of the statesman's task to pry into the future and vex himself with the query whether a new and permanent headship of the State might not be created, to play the all-pervading part which destiny had assigned to the senate. The senate's power had not vanished, it was not even vanishing. It was a solid fact, fully accepted by the very masses who were howling against it. Its decadence would be the work of time, and all the great Roman reformers of the past had left much to time and to fortune. The materials with which the Gracchi worked were far too composite to enable them to forecast the shape of the structure of which they were laying the foundations. The essential fact of the future monarchy, the growth of the military power, must have been almost completely hidden from their eyes. It is true that, in relation to the fall of the Republic and the growth of the monarchical idea, the Gracchi were more than mere preparatory or destructive forces. They furnished faint types, which were gladly welcomed by subsequent pretenders, of what a constitutional monarch should be. But it is ever hazardous to identify the destroyer with the creator or the type with the prophet.

CHAPTER V

The common destiny which had attended the Gracchi was manifested even in the consequences of their fall. At both crises a brilliant but disturbing element had vanished, the work of the reformer remained, because it was the utterance of the people before whose sacred name the nobility continued to bow, the political atmosphere was cleared, the legitimate organs of government resumed their acknowledged sway. To speak of a restoration of power to the nobility after the fall of Caius Gracchus is to belie both the facts of history and the impressions of the times. There is little probability that either the nobles or the commons felt that the two years of successful agitation amounted to a change of government, or that the senate ever abandoned the conviction that the reformer, embarrassing as his proceedings might be on account of the obvious necessity for their acceptance, must succumb to the devices which had long formed the stock-in-trade of a successful senatorial campaign; while the transition from the guidance of Gracchus to that of the accredited representatives of the nobility was rendered all the easier by the facts that the authority of the tribune had long been waning, and that, for some months before his death, a large section of the people had been greedily fixing its eyes on an attractive programme which had been presented in the name of the senate. The suppression of the final movement had, it is true, been marked by an unexampled severity; but these stern measures had followed on an actual appeal to arms, which had elicited a response from the passive or quaking multitude and had made them in some sense participants in the slaughter. If it was terrible to think that three thousand citizens had been butchered in the streets or in the Tullianum, it was comforting to remember that they had been officially denounced as public enemies by the senate. There was no haunting sense of an inviolable wrong inflicted on the tribunate, for Caius Gracchus had not been tribune when he fell; there was no memory, half bitter, half grotesque, of indiscriminate slaughter dealt by a mob of infuriated senators, for this latter and greater émeute had been suppressed by the regular forces of the State, led by its highest magistrate. The position of the government was more secure, the conscience of the people more easy than it had been after the massacre of Tiberius Gracchus and his followers. This feeling of security on the part of the government, and of acquiescence on that of the people, was soon put to the test by the prosecution of the ex-consul Lucius Opimius. His impeachment before the people by the tribune Decius[753] raised the vital question whether the novel powers which he had exercised in crushing Gracchus and his adherents, could be justified on the ground that they were the necessary, and in fact the only, means of maintaining public security. It was practically a question whether a new form of martial law should be admitted to recognition by the highest organ of the State, the voice of the sovereign people itself; and the discussion was rendered all the more piquant by the fact that that very sovereign was reminded that it had lately sanctioned an ordinance which forbade a capital penalty to be pronounced against a Roman citizen except by consent of the people, The arguments used on either side were of the most abstract and far-reaching character.[754] In answer to Decius's objection that the proceedings of Opimius were an obvious contravention of statute law, and that the most wanton criminality did not justify death without trial, the view, never unwelcome to the Roman mind, that there was a higher justice than law, was advanced by the champions of the accused. It was maintained that an ultimate right of self-defence was as necessary to a state as to an individual. The man who attempted to overturn the foundations of society was a public enemy beyond the pale of law; the man who resisted his efforts by every means that lay to hand was merely fulfilling the duty to his country which was incumbent on a citizen and a magistrate. If this view were accepted, the complex issue at law resolved itself into a simple question of fact. Had the leader and the party that had been crushed shown by their actions that they were overt enemies of the State? The majority which acquitted Opimius practically decided that Gracchus and his adherents had been rendered outlaws by their deeds. The sentiment of the moment had been cleverly stirred by the nature of the issue which was put before them. Had the voters been Gracchans at heart, they would probably have paid but little attention to these unusual appeals to the fundamental principles of political life, and would have shown themselves supporters of the spirit, as well as of the letter, of the enactment whose author they had just pronounced an outlaw. For there could be no question that the Gracchan law, which no one dared assail, was meant to cover just the very acts of which Opimius had been guilty after the slaughter of the Gracchans in the streets had ended. The right to kill in an émeute might be a questionable point; but the power of establishing a military court for the trial of captured offenders was notoriously illegal, and could under very few circumstances have been justified even on the ground of necessity. The decision of the people also seemed to give a kind of recognition to the utterance of the senate which had preceded Opimius's display of force. It is quite true that no successful defence of violence could ever be rested on the formula itself. This "ultimate decree of the senate" was valued as a weighty and emphatic declaration of the existence of a situation which demanded extreme measures, rather than as a legal permit which justified the disregard of the ordinary rights of the citizen. But formulae often have a power far in excess of their true significance; they impose on the ignorant, and furnish both a shield and a weapon to their cunning framers. The armoury of the senate, or of any revolutionary who had the good fortune to overawe the senate, was materially strengthened by the people's judgment in Opimius's favour.[755] The favourable situation was immediately used to effect the recall of Publius Popillius Laenas. His restoration was proposed to the people by Lucius Bestia a tribune;[756] and the people which had just sanctioned Opimius's judicial severities, did not betray the inconsistency of continuing to resent the far more restricted persecution of Popillius. Yet the step was an advance on their previous action; for they were now actually rescinding a legal judgment of their own, and approving of the actions of a court which had been established by the senate on its own authority without any previous declaration of the outlawry of its victims—a court whose proceedings were known to have directed the tenor of that law of Caius Gracchus, the validity of which was still unquestioned.

But even on the swell of this anti-Gracchan tide the nobility had still to steer its course with caution and circumspection. Personal prejudices were stronger than principles with the masses. They might sanction outrages which already had the blessing of men who represented, externally at least, the more respectable portion of Roman society; but they continued to detest individuals whose characters seemed to have grown blacker rather than cleaner by participation in, or even justification of, the recent acts of violence. One of our authorities would have us believe that even the aged Publius Lentulus, once chief of the senate, was sacrificed by his peers to the fate which had attended Scipio Nasica. He had climbed the Aventine with Opimius's troops and had been severely wounded in the ensuing struggle.[757] But neither his age nor his wounds sufficed to overcome the strange prejudice of the mob. Obloquy and abuse dogged his footsteps, until at length he was forced, in the interest of his own peace or security, to beg of the senate one of those honorary embassies which covered the retirement of a senator either for private business or for leisure, and to seek a home in Sicily.[758] His last public utterance was an impassioned prayer that he might never return to his ungrateful country: and the gods granted him his request. If this story is true, it proves that public opinion was stronger even than the voice of the Comitia. Lentulus, if put on his trial, would probably have been acquitted; but the resentful minority, which was powerless in the assembly, may have been sufficiently strong to make life unbearable to its chosen victim by its demeanour at public gatherings and in the streets. But even the Comitia had limits to its endurance. During the year which followed Opimius's acquittal there appeared before them a suppliant for their favour who had about equal claims to the gratitude and the hatred of both sections of the people. They were the self-destructive or corroborative claims of the statesman who is called a convert by his friends and a renegade by his foes. No living man of the age had stood in a stronger political light than Carbo. An active assistant of Tiberius Gracchus, and so embittered an opponent of Scipio Aemilianus as to be deemed the author of his death, he had severed his connection with the party of reform, probably in consequence of the view that the extension of the franchise which had become embedded in their programme was either impracticable or undesirable. He must have proved a welcome ally to the nobility in their struggle with Caius Gracchus, and their appreciation of his value seems proved by the fact that he was elected to the consulship in the very year of the tribune's fall, when the influence of the senate, and therefore in all probability their power of controlling the elections, had been fully re-established. The debt was paid by a vigorous championship of the cause of Opimius, which was heard during the consulship of Carbo.[759] The chief magistrate spoke warmly in defence of his accused predecessor in office, and declared that the action of Opimius in succouring his country was an act incumbent on the consul as the recognised guardian of the State.[760] No man had greater reason to feel secure than Carbo, who had so lately tested the suffrages of the people as electors and as judges; yet no man was in greater peril. It seems that, while exposed on the side of his former associates to the impotent rage which is excited by the success of the convert, who is believed to have been rewarded for his treachery, he had not won the confidence, or at least could not arouse the whole-hearted support, of his new associates and their following in the assembly. Perhaps the landlords had not forgiven the agrarian commissioner, nor the moderates the vehement opponent of Scipio; to the senate he had served his purpose, and they may not have thought him serviceable enough to deserve the effort which had rescued Opimius. Carbo was, in fact, an inviting object of attack for any young political adventurer who wished to inaugurate his career by the overthrow of a distinguished political victim, and to sound a note of liberalism which should not grate too harshly in the ears of men of moderate views. The assailant was Lucius Crassus,[761] destined to be the greatest orator of his day, and a youth now burning to test his eloquence in the greatest field afforded by the public life of Rome, but scrupulous enough to take no unfair advantage of the object of his attack.[762] We do not know the nature of the charge on which Carbo was arraigned. It probably came under the expansive conception of treason, and was possibly connected with those very proceedings in consequence of which Opimius had been accused and acquitted.[763] That the charge was of a character that had reference to recent political events, or at least that the prosecutor felt himself bound to maintain some distinct political principle of a liberal kind, is proved by the regret which Crassus expressed in his maturer years that the impetus of youth had led him to take a step which limited his freedom of action for the future.[764] Some compunction may also have been stirred by the unexpected consequence of his attack; for Carbo, perhaps realising the animosity of his judges and the weakness or coldness of his friends, is said to have put an end to his life by poison.[765] Voluntary exile always lay open to the Roman who dared not face the final verdict; and the suicide of Carbo cannot be held to have been the sole refuge of despair; it is rather a sign of the bitterness greater than that of death, which may fall on the soul of a man who can appeal for sympathy to none, who knows that he has been abandoned and believes that he has been betrayed. The hostility of his countrymen pursued him beyond the grave; the aristocratic historian could not forget the seditious tribune, and the contemporary chronicles which moulded and handed on the conception of Carbo's life, showed the usual incapacity of such writings to appreciate the possibility of that honest mental detachment from a suspected cause which often leads, through growing dissension with past colleagues and increasing co-operation with new, to a more violent advocacy of a new faith than is often shown by its habitual possessors.

The records of the political contests which occupied the two years succeeding the downfall of Caius Gracchus, are sufficient to prove that political thought was not stifled, that practically any political views—saving perhaps such as expressed active sympathy with the final efforts of Caius Gracchus and his friends—might be pronounced, and that the nobility could only maintain its influence by bending its ear to the chatter of the streets and employing its best instruments to mould the opinion of the Forum by a judicious mixture of deference and exhortation. The senate knew itself to be as weak as ever in material resources; government could not be maintained for ever by a series of coups d'état, and the only method of securing the interests of the rulers was to maintain the confidence of the majority and to presume occasionally on its apathy or blindness. This was the attitude adopted with reference to the proposals which had lately been before the people. Drusus's scheme of colonisation was not withdrawn, but its execution was indefinitely postponed,[766] and the same treatment was meted out to the similar proposals of Caius Gracchus. Two of his Italian colonies, Neptunia near Tarentum and Scylacium, seem actually to have survived; but this may have been due to the fact that the work of settlement had already commenced on these sites, and that the government did not venture to rescind any measure which had been already put into execution. It was indeed possible to stifle the settlement on the site of Carthage, for here the superstition of the people supported the objections of the senate, and the question of the abrogation of this colony had been raised to such magnitude by the circumstances of Gracchus's fall that to withdraw would have been a sign of weakness. But even this objectionable settlement in Africa gave proof of the scruples of the senate in dealing with an accomplished fact. When the Rubrian law was repealed, it was decided not to take from the coloni the lands which had already been assigned; no religious pretext could be given for their disturbance, for the land of Carthage was not under the ban that doomed the city to desolation; and the colonists remained in possession of allotments, which were free from tribute, were held as private property, and furnished one of the earliest examples of a Roman tenure of land on provincial soil.[767] The assignment was by the nature of the case changed from that of the colonial to that of the purely agrarian type; the settlers were members of Rome alone and had no local citizenship, although it is probable that some modest type of urban settlement did grow up outside the ruined walls of Carthage to satisfy the most necessary requirements of the surrounding residents.

The benefits conferred by the Gracchi on the poorer members of the proletariate were also respected. The corn law may have been left untouched for the time being[768]—a natural concession, for the senate could only hope to rule by its influence with the urban mob, and, in the case of so simple an institution, any modification would have been so patent an infringement of the rights of the recipients as to have immediately excited suspicion and anger. With the agrarian law it was different. Its repeal was indeed impossible; but the land-hunger of the dispossessed capitalists might to some extent be appeased by a measure that was not only tolerable, but welcome; and modifications, so gradual and subtle that their meaning would be unintelligible to the masses, might subsequently be introduced to remedy observed defects, to calm the apprehensions of the allies, and perhaps to secure the continuance of large holdings, if economic causes should lead to their revival. The agrarian legislation of the ten years that followed the fall of Caius Gracchus, seems to have been guided by the wishes of the senate; but much of it does not bear on its surface the signs which we might expect of capitalistic influence or oligarchic neglect of the poor. Large portions of it seem rather to reveal the desire of banishing for ever a harrowing question which was the opportunity of the demagogue; and the peculiar mixture of prudence, liberality, and selfishness which this legislation reveals, can only be appreciated by an examination of its separate stages.

Shortly after the death of Caius Gracchus—perhaps in the very year of his fall—a law was passed permitting the alienation of the allotments.[769] This measure must have been as welcome to the lately established possessors as it was to the large proprietors; it removed from the former a galling restraint which, like all such legal prohibitions, formed a sentimental rather than an actual grievance, but one that was none the less keenly felt on that account; while to the latter it offered the opportunity of satisfying those expectations, which the initial struggles of the newly created farmers must in many cases have aroused. The natural consequence of the enactment was that the spurious element amongst the peasant-holders, represented by those whose tastes and capacities utterly unfitted them for agriculture, parted with their allotments, which went once more to swell the large domains of their wealthier neighbours.[770] We do not know the extent or rapidity of this change, or the stage which it had reached when the government thought fit to introduce a new agrarian law, which may have been two or three years later than the enactment which permitted alienation.[771] The new measure contained three important provisions.[772] Firstly, it forbade the further distribution of public land, and thus put an end to the agrarian commission which had never ceased to exist, and had continued to enjoy, if not to exercise, its full powers since the restoration of its judicial functions by Caius Gracchus. We cannot say to what extent the commission was still Encountering claims on its jurisdiction and powers of distribution at the time of its disappearance; but fourteen years is a long term of power for such an extraordinary office, whose work was necessarily one of perpetual unsettlement; and the disappearance of the triumvirs must have been welcome, not only to the existing Roman occupants of land which still remained public, but to those of the Italians to whom the commission had ever been a source of apprehension. The extinction of the office must have been regarded with indifference by those for whom the commission had already provided, and by the large mass of the urban proletariate which did not desire this type of provision. The residuum of citizens which still craved land may be conceived to have been small, for eagerness to become an agriculturist would have suggested an earlier claim; and the passing of the commission was probably viewed with no regret by any large section of the community. The law then proceeded to establish the rights of all the occupants of land in Italy that had once been public and had been dealt with by the commission. To all existing occupants of the land which had been assigned, perfect security of tenure was given, and this security may have been extended now, as it certainly was later, to many of the occupants who still remained on public land which had not been subjected to distribution. So far as the land which had been assigned was concerned, this law could have made no specification as to the size of the allotments, for the law permitting alienation had made it practically private property and given its purchaser a perfectly secure title. Hence the accumulations which followed the permit to alienate were secured to their existing possessors, and a legal recognition was given to the formation of such large estates as had come into existence during the last three years. But the security of tenure was conditioned by the reimposition of the dues payable to the State, which had been abolished by Drusus. We are not informed whether these dues were to be henceforth paid only by those who had received allotments from the land commission, or by all in whose hands such allotments were at the moment to be found; perhaps the intention was to impose them on all lands that had been public before the tribunate of Tiberius Gracchus; although many of the larger proprietors, who had recently added to their holdings, might have urged in their defence that they had acquired the land as private property and that it was burdened by no dues at the time of its acquisition. But, even if this burden fell mainly on the class of smaller possessors, it could scarcely be regarded as a grievance, for it had formed part of the Gracchan scheme, and there was no legitimate reason why the newly established class of cultivators should be placed in a better position than the older occupants of the public domain, who still paid dues both on arable land and for the privilege of pasturing their flocks. The temporary motive which had led to their abolition had now ceased to exist, for the agricultural colonies of Drusus, who had promised land free from all taxes, had not been established, and the chief, almost the sole, example of a recent assignment on such liberal principles was to be discovered in distant Africa. But, even if the cultivators grumbled, their complaints were not dangerous to the government. They would have found no echo at Rome, where the urban proletariate was content with the easier provision which had been made for its support; and the new revenues from the public land were made still more acceptable to the eyes of the masses by the provision contained in this agrarian law that they should be employed solely for the benefit of needier citizens. The precise nature of the promised employment is unhappily unknown, our authority merely informing us that "they were to be used for purposes of distribution". We cannot understand by these words free gifts either in money or corn; for such extreme measures never entered even into the social ideals of Caius Gracchus, and the senate to its credit never deigned to purchase popularity through the pauperising institutions by which the Caesars maintained the security of their rule in Rome. The words might imply an extension of the system of the sale of cheap corn, or a cheapening of the rates at which it was supplied; but the Gracchan system seems hardly to have admitted of extension, so far as the number of recipients was concerned, and cheaper sales would hardly have been encouraged by a government, which, anxious as it was to secure popularity, was responsible for the financial administration of the State and looked with an anxious eye upon the existing drain on the resources of the treasury.[773] Perhaps the new revenues were held up to the people as a guarantee that the sale of cheap corn would be continued, and public confidence was increased when it was pointed out that there was a special fund available for the purpose. If we abandon the view that the promised employment of the revenues in the interest of the people referred to the distribution of corn, there remains the possibility that it had reference to the acquisition of fresh land for assignation. This promise would indeed have rendered practicable the partial realisation of the shadowy schemes of Drusus, which had never been officially withdrawn; but it is doubtful whether it would have done much to strengthen the hold of the government upon the urban voter; for the whole scheme of this new land law seems to prove that the agrarian question was viewed with indifference, and no pressure seems to have been put on the government to carry their earlier promises into effect.

Apart from the welcome prospect implied in the abolition of the agrarian commission, no positive guarantee against disturbance had yet been given to the Latins and Italians. This was formally granted, in terms unknown to us, at the appropriate hands of Marcus Livius Drusus during his tenure of the consulship.[774] The senate, now that it had satisfied the larger proprietors and the urban proletariate, and could boast that it had at least not injured the smaller cultivators, completed its work of pacification by holding out the hand of fellowship to the allies. It was tacitly understood that the new friend was not to ask for more, but he might be induced to look to the senate as his refuge against the rapacity of the mob and the recklessness of its leaders.

Shortly afterwards the tribune Spurius Thorius[775] carried a law which again abolished the vectigal on the allotments. If we regard this measure as an independent effort on the part of the tribune, it may have been an answer to the protests of the smaller agriculturists still struggling for existence; if it was dictated by the senate, it may have been due to the absorption of the allotments by the larger proprietors and their unwillingness to pay dues for land which they had added to their private property. But, to whatever party we may assign it, we may see in it also the desire to reach a final settlement of the agrarian question by abolishing all the invidious distinctions between the different tenures of land which had once formed part of the public domain. It removed the injustice of burdening the small holding with a rent which was not exacted from estates that had been partly formed by accretions of such allotments; and by the abolition of all dues[776] it tended to remove all land which had been assigned, from the doubtful category to which it had hitherto belonged of possessions which, though in a sense private, still recognised the overlordship of the State, and to revive in all its old sharpness the simple distinction between public and private land. This tendency makes it probable that the law of Thorius is identical with one of which we possess considerable fragments; for this partially preserved enactment is certainly as sweeping a measure as could have been devised by any one eager to see the agrarian question, so far as it affected Italian soil, finally removed from the region of political strife.