A History of Rome to 565 A. D.

by Arthur E. R. Boak

II. The Tribunate of Caius Gracchus: 124–121 b. c.

Caius Gracchus, tribune, 123 B. C. The return of Caius Gracchus from his quaestorship in Sardinia in 124 B. C. and his immediate election to the tribunate for the ensuing year heralded the opening of a new phase in the conflict between the Optimates and the Populares. Caius was a passionate orator, and a man of greater energy and more violent temperament than his brother. He entered office pledged to support the agrarian policy of Tiberius, but likewise determined to avenge the latter’s death and to wrest from the Senate its control of the government.

The legislation of Caius Gracchus, 123 B. C. Upon assuming office Caius developed an extensive legislative program. Extraordinary judicial commissions established by the Senate were declared illegal and the ex-consul Popilius who had been the leader in the prosecution of the followers of Tiberius, was forced into exile. A law was passed which provided for a monthly distribution of grain to the city populace at one half the current market price. In this way an expedient which had occasionally been resorted to in times of distress was laid as a permanent obligation upon the government. It has been pointed out above that the lower classes in the city lived in perpetual danger of famine, and Caius probably hoped to relieve the state of the perpetual menace of a hungry proletariat at the capital by improving the arrangements for the city’s grain supply and lowering the cost of grain to the poor. But in the end this measure had the evil results of putting a severe drain upon the treasury and a premium upon idleness. For the moment, however, it made the city mob devoted adherents of Caius and strengthened his control of the Assembly. The land law of 133 B. C. was re-enacted and the land commissioners reclothed with judicial authority. In connection therewith there was undertaken the extension and improvement of the road system of Italy. Caius then assured himself of the support of the financial interests by a law which provided that the whole revenue from the new province of Asia should be auctioned off at Rome in a lump to Roman contractors. A rich field was thus opened up to the Roman bankers.

Caius re-elected tribune for 122 B. C. The activity of Caius in supervising the execution of his legislation made him the leading figure in the government, and he was re-elected to the tribunate for 122 B. C. It seemed as though a sort of Periclean democracy had been established in Rome, where the statesman who commanded a majority in the popular assembly by securing his continuous re-election to the tribunate might supplant the Senate in directing the public policy.

The Judiciary Law, 123 B. C. Gracchus continued his legislative activity. One of his most important laws was that which deprived senators of the right to act as judges in the courts, including the permanent quaestiones, and transferred this prerogative to the equestrians. This was probably done by defining the qualifications of jurors in such a way as to exclude both senators and those not potentially able to maintain the equipment of a cavalryman at their own expense, i. e. those assessed at less than 400,000 sesterces ($20,000). By the Acilian Law of 123, which reorganized the quaestio for the recovery of damages, the relatives of senators, who were still eligible to the eighteen equestrian centuries, were specifically excluded from serving as jurors. In this way the equestrian order in its widest sense was defined and, being given specific public duties, was rendered more conscious of its power and special interests. In consequence the permanent tribunal for trying officials charged with extortion in the provinces was manned by equites instead of senators. But the change brought no relief to the subjects of Rome for this court was now composed of men who were interested in the financial exploitation of the provincials and who thus were in a position to intimidate a governor who endeavored to restrain the rapacity of tax collectors and money-lenders. The control of the law courts became a standing bone of contention between the Senate and the equestrian order. Another law, which further restricted the powers of the Senate, dealt with the allotment of the consular provinces. Previously these had been assigned by the Senate after the election of the consuls, so that the activities of one distrusted by the senators could be considerably restricted. For the future the consular provinces had to be designated prior to the elections and then assigned to the successful candidates. The Senate’s control over the consuls was thereby considerably weakened.

Schemes for colonization and extension of Roman citizenship. Caius also secured the passage of an extensive scheme of colonization, [pg 130]which provided for the establishment of Roman colonies at Capua and Tarentum, and, what was an innovation, for a colony outside of Italy on the site of Carthage. He further championed the cause of the Latin and Italian allies, for whom he sought to secure Roman citizenship. The Senatorial party thereupon endeavored to undermine his influence with the people by proposing through the tribune Livius Drusus a more extensive scheme of colonization, with exemption from rentals for colonists, and opposing the extension of the franchise to the allied communities, a measure unpopular with the masses who were jealous of sharing their privileges with numbers of new citizens.

The overthrow of Caius Gracchus: 121 B. C. Caius personally undertook the foundation of the colony, named Junonia, which was located at Carthage, and his absence of seventy days on this mission gave the opposition time to organize their forces. His enemies accused him of aiming at a tyranny, his proposal for extension of the franchise was quashed by the veto of Drusus, and he himself failed to secure his election as tribune for 121. With the opening of that year the Senate initiated an attack upon some of his measures, especially the founding of Junonia. The senators were determined to impeach or kill Gracchus, while he and his friends organized themselves for defence. A riot in which one of the senatorial faction was killed gave the Senate the pretext to proclaim a state of martial law and authorize the consul Opimius to take any steps to safeguard the state. The followers of Gracchus assembled on the Aventine, their overtures were rejected and upon the refusal of Caius and his chief adherent Flaccus to appear before the Senate, Opimius attacked them at the head of the Senators, armed slaves and Cretan archers. The Gracchans were routed; Caius had himself killed by a faithful slave, and a judicial commission condemned three thousand of his followers.

The consequences of the Gracchan disorders. The memory of the Gracchi retained a lasting hold upon the affections of the Roman plebs. But although both were earnest patriots, who made a sincere attempt to reform existing abuses in the state, one cannot but feel that the success of their political aims would have brought about no permanent improvement. To substitute for the Senate the fickle Assembly as the governing force in the state was no true democratic measure owing to the fact that the Assembly did not properly represent the mass of the citizen body, and as the future years were to show, would merely have shifted the reins of power from one incompetent body [pg 131]to another more incompetent still. As it was, the Senate, although victorious, emerged from the contest weakened in authority and prestige, and having left a feeling of bitter resentment in the hearts of its opponents. It owed its success to violence and not to legal measures and thus offered a precedent which others might follow against itself. The alliance between the equestrians and the urban proletariat while it lasted had proven stronger than the Senate, and this lesson, too, was not lost upon future statesmen. Besides the loss of some of its prerogatives, the Senate was weakened by the consolidation of the business interests as a political party, with which it was brought into sharp opposition over the question of provincial government. Well might Caius Gracchus declare that by his judiciary law he had “thrust a dagger into the side of the Senate.” For the provincials, the result of this law was to usher in an era of increased oppression and misgovernment. The refusal of the Romans to grant the franchise to the allies served to estrange them still further from Rome. On the whole we may say that conditions in Rome, Italy and the provinces were worse after the time of the Gracchi than before.

Fate of the agrarian legislation. It is impossible to estimate how many Romans received allotments of land under the Gracchan laws. Although the census list rose from 317,000 in 136 to 394,000 in 125, we cannot ascribe this increase altogether to an increase in the number of small proprietors. The admission of freedmen to citizenship doubtless accounts for many. Still there was beyond question a decided addition made to the free peasantry. The colony of Junonia was abandoned, but the settlers in Africa were left undisturbed on their lands. By 120 the restrictions on the sale of allotments in Italy were withdrawn; in 118 assignments ceased; and in 111 rentals to the state were abolished and all lands then held in possession were declared private property; an enactment which benefited greatly the wealthy proprietors.