The impression produced by this appeal was seen in the bolder attitude adopted by that section of the senate which had from the first regarded Jugurtha as a criminal at large, and had never approved the policy of leaving Numidia to settle its own affairs. Voices were heard advocating the immediate despatch of an army to Africa, the speedy succour of Adherbal, the consideration of an adequate punishment for the contumacy of Jugurtha in not obeying the express commands of Rome.[910] But the usual protests were heard from the other side, protests which were interpreted as a proof of the utter corruption of those who uttered them,[911] but which were doubtless veiled in the decent language, and may in some cases have been animated by the genuine spirit, of the cautious imperialist who prefers a crime to a blunder. The conflict of opinion resulted in the usual compromise. A new commission was to be despatched with a more strongly worded message from the senate; but, as rumour had apparently been busy with the adventures of the "three young men" whom Jugurtha had turned back, it was deemed advisable to select the present envoys from men whose age, birth and ample honours might give weight to a mission that was meant to avert a war.[912] The solemnity of the occasion was attested, and some feeling of assurance may have been created, by the fact that there figured amongst the commissioners no less a person than the chief of the senate Marcus Aemilius Scaurus, beyond all question the foremost man of Rome,[913] the highest embodiment of patrician dignity and astute diplomacy. The pressing appeal of Adherbal's envoys, the ugly rumours which were circulating in Rome, urged the commissioners to unwonted activity. Within three days they were on board, and after a short interval had landed at Utica in the African province. The experience of the former mission had taught them that their dignity might be utterly lost if they quitted the territory of the Roman domain. They did not deign to set foot in Numidia, but sent a message to Jugurtha informing him that they had a mandate from the senate and ordering him to come with all speed to the Roman province.

Jugurtha was for the moment torn by conflicting resolutions. The very audacity of his acts had been tempered and in part directed by a secret fear of Rome. Whether in any moments of ambitious imagination he had dreamed of throwing off the protectorate and asserting the unlimited independence of the Numidian kingdom, must remain uncertain; but in any case that consummation must belong to the end, not to the intermediate stage, of his present enterprise. His immediate plan had been to win or purchase recognition of an accomplished fact from the somnolence, caution or corruption of the government; and here was intervention assuming a more formidable shape while the fact was but half accomplished and he himself was but playing the part of the rebel, not of the king. The dignity of the commissioners, and the peremptory nature of their demand, seemed to show that negotiations with Rome were losing their character of a conventional game and assuming a more serious aspect. It is possible that Jugurtha did not know the full extent of the danger which he was running; it is possible that, like so many other potentates who had relations with the imperial city, he made the mistake of imagining that the senate was in the fullest sense the government of Rome, and had no cognisance of the subtle forces whose equilibrium was expressed in a formal control by the nobility; but even what he saw was sufficient to alarm him and to lead him, in a moment of panic or prudence, to think of the possibility of obeying the commission. At the next moment the new man, which the deliberate but almost frenzied pursuit of a single object had made of Jugurtha, was fully reasserted.[914] But his passion was not blind; his recklessness still veiled a plan; his one absorbing desire was to see Adherbal in his hands before he should himself be forced to meet the envoys. He gave orders for his whole force to encircle the walls of Cirta; a simultaneous assault was directed against every vulnerable point; the attention of the defenders was to be distracted by the ubiquitous nature of the attack; a failure of vigilance at any point might give him the desired entry by force or fraud. But nothing came of the enterprise; the assailants were beaten back, and Jugurtha had another moment for cool reflection. He soon decided that further delay would not strengthen his position. The name of Scaurus weighed heavily on his mind.[915] He was an untried element with respect to the details of the Numidian affair; but all that Jugurtha knew of him—his influence with the senate, his uncompromising respectability, his earlier attitude on the question—inspired a feeling of fear. Obedience to the demand which the commissioners had made for his presence might be the wiser course; whatever the result of the interview, such obedience might prolong the period of negotiation and delay armed intervention until his own great object was fulfilled. With a few of his knights Jugurtha crossed into the Roman province and presented himself before the commissioners. We have no record of the discussion which ensued. The senate's message was almost an ultimatum; it threatened extreme measures if Jugurtha did not desist from the siege of Cirta; but the peremptory nature of the missive did not prevent close and lengthy discussions between the envoys and the king. The plausible personality of Jugurtha may have told in his favour and may have led to the hopes of a compromise; for it is not probable that he ventured on a summary rejection of their orders or advice. But the commissioners could merely threaten or advise; they had no power to wring promises from the king or to keep him to them when they were made. Thus when, at the close of the debates, Jugurtha returned to Numidia and the envoys embarked at Utica, it was felt on all sides that nothing had been accomplished.[916] The commissioners may have believed that they had made Jugurtha sensible of his true relations to Rome; they had perhaps threatened open war as the result of disobedience; but they had neither checked his progress nor stayed his hand; and the taint with which all dealings with the wealthy potentate infected his environment, clung even to this select body of distinguished men.

The immediate effect of the fruitless negotiations was the disaster which every one must have foreseen. Cirta and her king had been utterly betrayed by their protectress; and when the news of the departure of the envoys and the return of Jugurtha penetrated within the walls, despair of further resistance gave substance to the hope of the possibility of surrender on tolerable terms. The hope was never present to the mind of Adherbal; he knew his enemy too well. Nor could it have been entertained in a very lively form by the king's Numidian councillors and subjects. But the Numidian was not the strongest element in Cirta. There the merchant class held sway. In the defence of their property and commerce, the organised business and the homes which they had established in the civilised state, they had taken the lead in repelling the hordes of Western Numidians which Jugurtha led; and amongst the merchant class those of Italian race had been the most active and efficient in repelling the assaults of the besiegers. To these men the choice was not between famine and the sword; but merely between famine and the loss of property or comfort. For what Roman or Italian could doubt that the most perfect security for his life and person was still implicit in the magic name of Rome? Confident in their safety they advised Adherbal to hand over the town to Jugurtha; the only condition which he needed to make was the preservation of his own life and that of the besieged; all else was of less importance, for their future fortunes rested not with Jugurtha but with the senate.[917] It is questionable whether the Italians were really inspired with this blind confidence in the senate's power to restore as well as to save; even their ability to save was more than doubtful to Adherbal; still more worthless was a promise made by his enemy. The unhappy king would have preferred the most desperate resistance to a trust in Jugurtha's honour; but the advice of the Italians was equivalent to a command; and a gleam of hope, sufficient at least to prevent him from taking his own life, may have buoyed him up when he yielded to their wishes and made the formal surrender. The hope, if it existed, was immediately dispelled. Adherbal was put to death with cruel tortures.[918] The Italians then had their proof of the present value of the majesty of the name of Rome. Their calculations had been vitiated by one fatal blunder. They forgot that they were letting into their stronghold an exasperated people drawn from the rudest parts of Numidia—a people to whom the name of Rome was as nothing, to whom the name of merchant or foreigner was contemptible and hateful. As the surging crowd of Jugurtha's soldiery swept over the doomed city, massacring every Numidian of adult age, the claim of nationality made by the protesting merchants was not unnaturally met by a thrust from the sword. If even the assailants could distinguish them in the frenzy of victory, they knew them for men who had occupied the fighting line; and this fact was alone sufficient to doom them to destruction. Jugurtha may also have made his blunder. Unless we suppose that his penetrating mind had been, suddenly clouded by the senseless rage which prompts the half-savage man to a momentary act of demoniacal folly, he could never have willed the slaughter of the Roman and Italian merchants.[919] If he willed it in cold blood, he was consciously making war on Rome and declaring the independence of Numidia. For, even with his limited knowledge of the balance of interests in the capital, he must have seen that the act was inexpiable. His true policy, now as before, was not to cross swords with Rome, but merely to wring from her indifference a recognition of a purely national crime. His wits had failed him if he had ordered a deed which put indifference and recognition out of the question. It is probable that he did not calculate on the fury of his troops; it is possible that he had ceased to lead and was a mere unit swept along in the avalanche which sated its wrath at the prolonged resistance, and avenged the real or fancied crimes committed by the merchant class.

The massacre of the merchants caused a complete change in the attitude with which Numidian events were viewed at Rome. It cut the commercial classes to the quick, and this third party which moulded the policy of Rome began closing up its ranks. The balance of power on which the nobility had rested its presidency since the fall of Caius Gracchus, began to be disturbed. It was possible again for a leader of the people to make his voice heard; not, however, because he was the leader of the people, but because he was the head of a coalition. The man of the hour was Caius Memmius, who was tribune elect for the following year. He was an orator, vehement rather than eloquent, of a mordant utterance, and famed in the courts for his power of attack.[920] His critical temperament and keen eye for abuses had already led him to join the sparse ranks of politicians who tried still to keep alive the healthy flame of discontent, and to utter an occasional protest against the manner in which the nobility exercised their trust.[921] His influence must have been increased by the growing suspicion of the last few years and the scandal that fed on tales of bribery in high places; it was assured by the latest news which, through the illogical process of reasoning out of which great causes grow, seemed to make rumour a certainty and to justify suspicion by the increased numbers and respectability of the suspecting. A pretext for action was found in the shifty and dilatory proceedings of the senate. Even the latest phase of the Numidian affair was not powerful or horrible enough to crush all attempts at a temporising policy.[922] Men were still found to interrupt the course of a debate which promised to issue in some strong and speedy resolution, by raising counter-motions which the great names of the movers forced on the attention of the house; every artifice which influence could command was employed to dull the pain of a wounded self-respect; and when this method failed, idle recrimination took the place of argument as a means of consuming the time for action and passing the point at which anger would have cooled into indifference, or at least into an emotion not stronger than regret. It was plain that the stimulus must be supplied from without; and Memmius provided it by going straight to the people and embodying their floating suspicions in a bald and uncompromising form. He told them[923] that the prolonged proceedings in the senate meant simply that the crime of Jugurtha was likely to be condoned through the influence of a few ardent partisans of the king; and it is probable that he dealt frankly and in the true Roman manner with the motives for this partisanship. The pressure was effectual in bringing to a head the deliberations of the senate. The council as a whole did not need conversion on the main question at issue, for most of its members must have felt that it had exhausted the resources of peaceful diplomacy, and it showed its characteristic aversion to the provocation of a constitutional crisis, which might easily arise if the people chose to declare war on the motion of a magistrate without waiting for the advice of the fathers; while the obstructive minority may have been alarmed by the distant vision of a trial before the Assembly or before a commission of inquiry composed of judges taken from the angry Equites. The senate took the lead in a formal declaration of war; Numidia was named as one of the provinces which were to be assigned to the future consuls in accordance with the provisions of the Sempronian law. The choice of the people fell on Publius Scipio Nasica and Lucius Calpurnius Bestia as consuls for the following year.[924] The lot assigned the home government and the guardianship of Italy to Nasica, while Bestia gained the command in the impending war. Military preparations were pushed on with all haste; an army was levied for service in Africa; pay and supplies were voted on an adequate scale.

The news is said to have surprised Jugurtha.[925] Perhaps earlier messages of a more cheerful import had reached him from Rome during the days when successful obstruction seemed to be achieving its end, and had dulled the fears which the massacre of Cirta most have aroused even in a mind so familiar with the acquiescent policy of the senate. Yet even now he did not lose heart, nor did his courage take the form, prevalent amongst the lower types of mind, of a mere reliance on brute force, on the resources of that Numidia of which he was now the undisputed lord. With a persistence born of successful experience he still attempted the methods of diplomacy-methods which prove a lack of insight only in the sense that Rome was an impossible sphere for their present exercise. The king had not gauged the situation in the capital; but subsequent events proved that he still possessed a correct estimate of the real inclinations of the men who were chiefly responsible for Roman policy. The Numidian envoy was no less a person than the king's own son, and he was supported by two trusty counsellors of Jugurtha.[926] As was usual in the case of a diplomatic mission arriving from a country which had no treaty relations, or was actually in a state of war, with Rome, the envoys were not permitted to pass the gates until the will of the senate was known. An excellent opportunity was given for proving the conversion of the senate. When the consul Bestia put the question "Is it the pleasure of the house that the envoys of Jugurtha be received within the walls?" the firm answer was returned that "Unless these envoys had come to surrender Numidia and its king to the absolute discretion of the Roman people, they must cross the borders of Italy within ten days".[927] The consul had this message conveyed to the prince, and he and his colleagues returned from their fruitless mission.

Bestia meanwhile was consumed with military zeal. His army was ready, his staff was chosen, and he was evidently bent on an earnest prosecution of the war. He was in many respects as fit a man as could have been selected for the task. His powers of physical endurance and the vigour of his intellect had already been tested in war; he possessed the resolution and the foresight of a true general. But the canker of the age was supposed to have infected Bestia and neutralised his splendid qualities.[928] The proof that he allowed greed to dominate his public conduct is indeed lacking; but he would have departed widely from the spirit of his time if he had allowed no thought of private gain to add its quota to the joy of the soldier who finds himself for the first time in the untrammelled conduct of a war. To the commanders of the age foreign service was as a matter of course a source of profit as well as a sphere of duty or of glory. To Bestia it was also to be a sphere for diplomacy; and diplomacy and profit present an awkward combination, which gives room for much misinterpretation. Although the war was in some sense a concession to outside influences, the consul did not represent the spirit to which the senate had yielded. Nine years earlier he had served the cause of the nobility by effecting the recall of Popillius from exile, and was now a member of that inner circle of the government whose cautious manipulation of foreign affairs was veiled in a secrecy which might easily rouse the suspicion, because it did not appeal to the intelligence, of the masses. How vital a part diplomacy was to play in the coming war, was shown by Bestia's selection of his staff. It was practically a committee of the inner ring of governing nobles,[929] and the importance attached to the purely political aspect of the African war was proved by the fact that Scaurus himself deigned to occupy a position amongst the legates of the commander. It was a difficult task which Bestia and his assistants had to perform. They were to carry out the mandate of the people and pursue Jugurtha as a criminal; they were to follow out their own conviction as to the best means of saving Rome from a prolonged and burdensome war with a whole nation-a conviction which might, force them to recognise Jugurtha as a king. To avenge honour and at the same time to secure peace was, in the present condition of the public mind, an almost impossible task. Its gravity was increased by the fact that, through the method of selection employed for composing the general's council, a certain section of the nobility, already marked out for suspicion, would be held wholly responsible for its failure. It was a gravity that was probably undervalued by the leaders of the expedition, who could scarcely have looked forward to the day when it might be said that Bestia had selected his legates with a view of hiding the misdeeds which, he meant to commit under the authority of their names.[930]

When the time for departure had arrived, the legions were marched through Italy to Rhegium, were shipped thence to Sicily and from Sicily were transferred to the African province. This was to be Bestia's basis of operations; and when he had gathered adequate supplies and organised his lines of communication, he entered Numidia. His march was from a superficial point of view a complete success; large numbers of prisoners were taken and several cities were carried by assault.[931] But the nature of the war in hand was soon made painfully manifest. It was a war with a nation, not a mere hunting expedition for the purpose of tracking down Jugurtha. The latter object could be successfully accomplished only if some assistance were secured from friendly portions of Numidia or from neighbouring powers. But there was no friendly portion of Numidia. The mercantile class had been wiped out, and though the Romans seem to have regained possession of Cirta at an early period of the war,[932] it is not likely that it ever resumed the industrial life, which might have supplied money and provisions, if not men; while the position of the town rendered it useless as a basis of operations for expeditions into that western portion of Numidia, from which the chief military strength of Jugurtha was drawn. In these regions a possible ally was to be found in Bocchus King of Mauretania; but his recent overtures to Rome had been deliberately rejected by the senate. Nothing but the name of this great King of the Moors, who ruled over the territory stretching from the Muluccha to Tingis, had hitherto been known to the Roman people; even the proximity of a portion of his kingdom to the coast of Spain had brought him into no relations, either friendly or hostile, to the imperial government.[933]

Bocchus had secured peace with his eastern neighbour by giving his daughter in marriage to Jugurtha; but he never allowed this family connection to disturb his ideas of political convenience and, as soon as he heard that war had been declared against Jugurtha, he sent an embassy to Rome praying for a treaty with the Roman people and a recognition as one of the friends of the Republic.[934] This conduct may have been due to the belief that a victory of the Romans over Jugurtha would entail the destruction of the Numidian monarchy and the reduction of at least a portion of the territory to the condition of a province. In this case Mauretania would itself be the frontier kingdom, playing the part now taken by Numidia; and Bocchus may have wished to have some claim on Rome before his eastern frontier was bordered, as his northern was commanded, by a Roman province. He may even have hoped to benefit by the spoils of war, as Masinissa had once benefited by those which fell from Syphax and from Carthage, and to increase his territories at the expense of his son-in-law. There can be no better proof of the real intentions of the government as regards Numidia, even after war had been declared, than the senate's rejection of the offer made by Bocchus. His aid would be invaluable from a strategic point of view, if the aim of the expedition were to make Numidia a province or even to crush Jugurtha. But the most constant maxim of senatorial policy was to avoid an extension of the frontiers, and this principle was accompanied by a strong objection to enter into close relations with any power that was not a frontier state. Such relations might involve awkward obligations, and were inconsistent with the policy which devolved the whole obligation for frontier defence and frontier relations on a friendly client prince. Whether the maintenance of the traditional scheme of administration in Africa demanded the renewed recognition of Jugurtha as King of Numidia, was a subordinate question; its answer depended entirely on the possibility of the Numidians being induced to accept any other monarch.

It must have required but a brief experience of the war to convince Bestia and his council that a Numidian kingdom without the recognition of Jugurtha as king was almost unthinkable, unless Rome was prepared to enter on an arduous and harassing war for the piecemeal conquest of the land or (a task equally difficult) for the purpose of securing the person of an elusive monarch, who could take every advantage of the natural difficulties of his country and could find a refuge and ready assistance in every part of his dominions. The tentative approaches of Jugurtha, who negotiated while he fought, were therefore admitted both by the consul and by Scaurus, who inevitably dominated the diplomatic relations of the war. That Jugurtha sent money as well as proposals at the hands of his envoys, was a fact subsequently approved by a Roman court of law, and deserves such credence as can be attached to a verdict which was the final phase of a political agitation. That Bestia was blinded by avarice and lost all sense of his own and his country's honour, that Scaurus's sense of respectability and distrust of Jugurtha went down before the golden promises of the king,[935] were beliefs widely held, and perhaps universally, professed, by the democrats who were soon thundering at the doors of the Curia—by men, that is, who did not understand, or whose policy led them to profess misunderstanding of, the problem in statecraft, as dishonouring in some of its aspects as such problems usually are, which was being faced by a general and a statesman who were pursuing a narrow and traditional but very intelligible line of policy. The policy was indeed sufficiently ugly even had there been no suspicion of personal corruption; its ugliness could be tested by the fact that even the sanguine and cynical Jugurtha could hardly credit the extent of the good fortune revealed to him by the progress of the negotiations. At first his diplomatic manoeuvres had been adopted simply as a means of staying the progress of hostilities, of gaining a breathing space while he renewed his efforts at influencing opinion in the imperial city. But when he saw that the very agents of war were willing to be missionaries of peace, that the avengers sent out by an injured people were ready for conciliation before they had inflicted punishment, he concentrated his efforts on an immediate settlement of the question.[936] It was necessary for the enemy of the Roman people to pass through a preliminary stage of humiliation before he could be recognised as a friend; it was all the more imperative in this case since a number of angry people in Rome were clamouring for Jugurtha's punishment. It was also necessary to arrange a plan by which the humiliation might be effected with the least inconvenience to both parties. An armistice had already been declared as a necessary preliminary to effective negotiations for a surrender. This condition of peace rendered it possible for Jugurtha to be interviewed in person by a responsible representative of the consul.[937] Both the king and the consul were in close touch with one another near the north-western part of the Roman province, and Jugurtha was actually in possession of Vaga, a town only sixty miles south-west of Utica. The town, in spite of its geographical position, was an appanage[938] of the Numidian kingdom, and the pretext under which Bestia sent his quaestor to the spot, was the acceptance of a supply of corn which had been demanded of the king as a condition of the truce granted by the consul. The presence of the quaestor at Vaga was really meant as a guarantee of good faith, and perhaps he was regarded as a hostage for the personal security of Jugurtha.[939] Shortly afterwards the king rode into the Roman camp and was introduced to the consul and his council. He said a few words in extenuation of the hostile feeling with which his recent course of action had been received at Rome, and after this brief apology asked that his surrender should be accepted. The conditions, it appeared, were not for the full council; they were for the private ear of Bestia and Scauras alone.[940] With these Jugurtha was soon closeted, and the final programme was definitely arranged, On the following day the king appeared again before the council of war; the consul pretended to take the opinion of his advisers, but no clear issue for debate could possibly be put before the board; for the gist of the whole proceedings, the recognition of the right of Jugurtha to retain Numidia, was the result of a secret understanding, not of a definite admission that could be blazoned to the world. There was some formal and desultory discussion, opinions on the question of surrender were elicited without any differentiation of the many issues that it might involve, and the consul was able to announce in the end that his council sanctioned the acceptance of Jugurtha's submission.[941] The council, however, had deemed it necessary that some visible proof, however slight, should be given that a surrender had been effected; for it was necessary to convey to the minds of critics at home the impression that some material advantage had been won and that Jugurtha had been humiliated. With this object in view the king was required to hand over something to the Roman authorities. He kept his army, but solemnly transferred thirty elephants, some large droves of cattle and horses, and a small sum of money—the possessions, presumably, which he had ready at hand in his city of Vaga—to the custody of the quaestor of the Roman army.[942] The year meanwhile was drawing to a close, and the consul, now that peace had been restored, quitted his province for Rome to preside at the magisterial elections.[943] The army still remained in the Roman province or in Numidia, but the cessation of hostilities reduced it to a state of inaction which augured ill for its future discipline should it again be called upon to serve.

The agreement itself must have seemed to its authors a triumph of diplomacy. They had secured peace with but an inconsiderable loss of honour; they had saved Rome from a long, difficult and costly war, whilst a modicum of punishment might with some ingenuity be held to have been inflicted on Jugurtha. They must have been astounded by the chorus of execration with which the news of the compact was received at Rome.[944] Nor indeed can any single reason, adequate in itself and without reference to others, be assigned for this feeling of hostility. First, there was the idle gossip of the public places and the clubs—gossip which, in the unhealthy atmosphere of the time, loved to unveil the interested motives which were supposed to underlie the public actions of all men of mark, and which exhibited moderation to an enemy as the crowning proof of its suspicions. Secondly there was the feeling that had been stirred in the proletariate at Rome. The question of Jugurtha, little as they understood its merits, was still to them the great question of the hour, a matter of absorbing interest and expectation. Their feelings had been harrowed by the story of his cruelties, their fears excited by rumours of his power and intentions. They had roused the senate from its lethargy and forced that illustrious body to pursue the great criminal; they had seen a great army quitting the gates of Rome to execute the work of justice; their relatives and friends had been subjected to the irksome duties of the conscription. Everywhere there had been a fervid blaze of patriotism, and this blaze had now ended in the thinnest curl of smoke. But to the masses the imagined shame of the Jugurthine War had now become but a single count in an indictment. The origin of the movement was now but its stimulus; as is the case with most of such popular awakenings, the agitation was now of a wholly illimitable character. The one vivid element in its composition was the memory of the recent past. It was easy to arouse the train of thought that centred round the two Gracchan movements and the terrible moments of their catastrophe. The new movement against the senate was in fact but the old movement in another form. The senate had betrayed the interests of the people; now it was betraying the interests of the empire; but to imagine that the form of the indictment as it appealed to the popular mind was even so definite as this, is to credit the average mind with a power of analysis which it does not, and probably would not wish to, possess. It is less easy to gauge the attitude of the commercial classes in this crisis. Their indignation at the impunity given to Jugurtha after the massacre of the merchants at Cirta is easily understood; but with this class sentiment was wont to be outweighed by considerations of interest, and the preservation of peace in Numidia, and consequently of facilities for trade, must have been the end which they most desired. But perhaps they felt that the only peace which would serve their purposes was one based on a full reassertion of Roman prestige, and perhaps they knew that Jugurtha, the reawakener of the national spirit of the Numidians, would show no friendship to the foreign trader. They must also have seen that, whatever the prospects of the mercantile class under Jugurtha's rule might be, the convention just concluded could not be lasting. Their own previous action had determined its transitory character. By their support of the agitation awakened by Memmius they had created a condition of feeling which could not rest satisfied with the present suspected compromise. But if satisfaction was impossible, a continuance of the war was inevitable. They had before them the prospect of continued unsettlement and insecurity in a fruitful sphere of profit; and they intended to support the present agitation by their influence in the Comitia and, if necessary, by their verdicts in the courts, until a strong policy had been asserted and a decisive settlement attained.