The ancient historian Plutarch thus refers to this contest:
"Tiberius defending the matter, which of itself was good and just, with such eloquence as might have justified an evil cause, was invincible; and no man was able to argue against him to confute him, when, speaking in the behalf of the poor citizens of Rome (the people being gathered round about the pulpit for orations), he told them, that the wild beasts through Italy had their dens and caves of abode, and the men that fought, and were slain for their country, had nothing else but air and light, and so were compelled to wander up and down with their wives and children, having no resting-place nor house to put their heads in. And that the captains do but mock their soldiers when they encourage them in battle to fight valiantly for the graves, the temples, their own houses, and their predecessors. For, said he, of such a number of poor citizens as there be, there cannot a man of them show any ancient house or tomb of their ancestors, because the poor men go to the wars, and are slain for the rich men's pleasures and wealth; besides, they falsely call them lords of the earth, where they have not a handful of ground that is theirs. These and such other like words being uttered before all of the people with such vehemency and truth, so moved the common people withal, and put them in such a rage, that there was no adversary of his able to withstand him. Therefore, leaving to contradict and deny the law by argument, the rich men put all their trust in Marcus Octavius, colleague and fellow-tribune in office, who was a grave and wise young man, and Tiberius' very familiar friend. That the first time they came to him, to oppose him against the confirmation of this law, he prayed them to hold him excused, because Tiberius was his very friend. But, in the end, being compelled to it through the great number of the rich men that were importunate with him, he withstood Tiberius' law, which was enough to overthrow it."
A more deep-dyed treachery than that to which Marcus Octavius at length consented is, fortunately, but seldom met with in history. It was a treachery not only to one of his closest friends, not only to the class which he represented and the voters who had elected him, but also to the character and traditions of the very office which he held. The creation of the office of tribune had been the first great victory won by the plebeians; the duties of those holding this office had been to protect the lives and property, the rights and the liberties, of the weaker class in the community—the plebeians.
To make it possible for the tribunes to give such protection, the veto had been granted to them. From the time when this power had first been secured by the tribunes down to the day when the agrarian law of Tiberius Gracchus came before the comitia tributa for its final decision, the veto power of the Roman tribune had been the greatest bulwark of the poor man of Rome. Now, in the greatest crisis of the long contest in Roman history of human rights against class privileges, this power was to be the weapon by which a traitor was to secure the victory of the rich landowners over the great body of the Roman citizens.
The day upon which the bill was to come before the comitia tributa found the Forum crowded with what was probably the largest number of citizens who, up to this time, had ever attended a meeting of this assembly. Tiberius Gracchus made his speech in favor of the law, which speech was received with great applause. The moment of his great triumph was apparently just at hand. The clerk was about to read the words of the bill, before it was voted upon, when the renegade tribune Marcus Octavius stood up and forbade the clerk to read the bill. Gracchus was surprised and, for the time, helpless. After much bitter discussion, the meeting was adjourned; but Gracchus gave notice that he would take up his bill again upon the next regular meeting day of the comitia tributa.
The cowardly treachery of his colleague, instead of discouraging Tiberius Gracchus, merely spurred him on to greater efforts. His policy, formerly in the main a conciliatory one, now became militant. In retaliation for the veto of Octavius he too made use of this power. Indeed, a more thorough and effective use of this power than that made by Gracchus at this time can hardly be imagined. A veto was put upon the exercise of any of his functions by any of the Roman officials; even the treasury was shut up and the courts of justice discontinued. As the great landowners had now forfeited all claims to consideration on account of the methods which they had adopted, the compensation clauses were struck out of the bill, which in its amended form simply provided that the state should resume possession of all lands held in contravention of the Licinian Law. Even in this amended form there was nothing revolutionary about the bill; it was merely the reënactment of a law which already existed, and should have been in operation.
On the second day when the bill came before the comitia an attempt was again made to read the law, and this was again prevented by the veto of the tribune Octavius. Party feeling by this time ran so high that a riot seemed inevitable. Trouble was for the time averted by an agreement to refer the matter to the Senate.
A few months before, Gracchus' name would have possessed great influence in the Senate, and, furthermore, a number of the senators—the most patriotic and clear sighted, who saw the dangers with which Rome was confronted—had in the beginning sympathized with Gracchus in the objects which he sought. By this time, however, Gracchus had lost all the sympathy and support which he had ever possessed in this direction. This is sometimes explained by saying that Tiberius Gracchus had alienated all the conservative elements in his support by the intemperance of his actions. Such an explanation cannot stand the scrutiny of history. The proposals and objects of Gracchus were never anything but moderate—never anything more than the claim that the existing laws must be enforced. The methods of Gracchus were not only strictly legal but also strictly conventional and usual, until the disgraceful tactics of his opponents constrained him to more forcible action.
At this time Tiberius Gracchus, meeting only reproaches from the senators, who were enraged at him because he had called attention to and made an issue of a state of political corruption from which their class had benefited for generations, returned to the comitia. Upon his return the meeting was again dissolved; but before it had adjourned Gracchus gave notice that he would still again bring up his measure before the comitia tributa, on its next regular meeting day, and that if Marcus Octavius again interposed the veto power to prevent a vote being taken upon the bill, he would move the people that Octavius be deposed as tribune.
Before the day for the next meeting of the comitia tributa arrived, Gracchus appears to have made every effort to induce his colleague and former friend to recede from his position. All efforts in this direction, however, proving ineffectual, Gracchus immediately upon the assembling of the comitia moved that the tribune Marcus Octavius be removed from office. Of the first seventeen tribes to vote, each, by a unanimous or practically unanimous vote, was in favor of the deposition of Octavius. Before the vote of the eighteenth tribe was taken, Gracchus made a final appeal to Octavius to withdraw his opposition. After some hesitation Octavius refused, and the vote of the next tribe furnished the required majority for his deposition.