XXVII. When this outrage was reported at Rome, and became a matter of discussion in the senate, the former partisans of Jugurtha applied themselves, by interrupting the debates and protracting the time, sometimes exerting their interest, and sometimes quarreling with particular members, to palliate the atrocity of the deed. And had not Caius Memmius, one of the tribunes of the people elect, a man of energy, and hostile to the power of the nobility, convinced the people of Rome that an attempt was being made, by the agency of a small faction, to have the crimes of Jugurtha pardoned, it is certain that the public indignation against him would have passed off under the protraction of the debates; so powerful was party interest, and the influence of Jugurtha's money. When the senate, however, from consciousness of misconduct, became afraid of the people, Numidia and Italy, by the Sempronian law,[101] were appointed as provinces to the succeeding consuls, who were declared to be Publius Scipio Nasica[102], and Lucius Bestia Calpurnius[103]. Numidia fell to Calpurnius, and Italy to Scipio. An army was then raised to be sent into Africa; and pay, and all other necessaries of war, were decreed for its use.
XXVIII. When Jugurtha received this news, which was utterly at variance with his expectations, as he had felt convinced that all things were purchasable at Rome, he sent his son, with two of his friends, as deputies to the senate, and directed them, like those whom he had sent on the murder of Hiempsal, to attack every body with bribes. Upon the approach of these deputies to Rome, the senate was consulted by Bestia, whether they would allow them to be admitted within the gates; and the senate decreed, "that, unless they came to surrender Jugurtha's kingdom and himself, they must quit Italy within the ten following days." The consul directed this decree to be communicated to the Numidians, who consequently returned home without effecting their object.
Calpurnius, in the mean time, having raised an army, chose for his officers men of family and intrigue, hoping that whatever faults he might commit, would be screened by their influence; and among these was Scaurus, of whose disposition and character we have already spoken. There were, indeed, in our consul Calpurnius, many excellent qualities, both mental and personal, though avarice interfered with the exercise of them; he was patient of labor, of a penetrating intellect, of great foresight, not inexperienced in war, and extremely vigilant against danger and surprise.
The troops were conducted through Italy to Rhegium, from thence to Sicily, and from Sicily into Africa; and Calpurnius's first step, after collecting provisions, was to invade Numidia with spirit, where he took many prisoners, and several towns, by force of arms.
XXIX. But when Jugurtha began, through his emissaries, to tempt him with bribes, and to show the difficulties of the war which he had undertaken to conduct, his mind, corrupted with avarice, was easily altered. His accomplice, however, and manager in all his schemes, was Scaurus; who, though he had at first, when most of his party were corrupted, displayed violent hostility to Jugurtha, yet was afterward seduced, by a vast sum of money, from integrity and honor to injustice and perfidy. Jugurtha, however, at first sought only to purchase a suspension of hostilities, expecting to be able, during the interval, to make some favorable impression, either by bribery or by interest, at Rome; but when he heard that Scaurus was co-operating with Calpurnius, he was elated with great hopes of regaining peace, and resolved upon a conference with them in person respecting the terms of it. In the mean time, for the sake of giving confidence [104] to Jugurtha, Sextus the quaestor was dispatched by the consul to Vaga, one of the prince's towns; the pretext for his journey being the receiving of corn, which Calpurnius had openly demanded from Jugurtha's emissaries, on the ground that a truce was observed through their delay to make a surrender. Jugurtha then, as he had determined, paid a visit to the consul's camp, where, having made a short address to the council, respecting the odium cast upon his conduct, and his desire for a capitulation, he arranged other matters with Bestia and Scaurus in secret; and the next day, as if by an evident majority of voices[105], he was formally allowed to surrender. But, as was demanded in the hearing of the council, thirty elephants, a considerable number of cattle and horses, and a small sum of money, were delivered into the hands of the quaestor. Calpurnius then returned to Rome to preside at the election of magistrates[106], and peace was observed throughout Numidia and the Roman army.
XXX. When rumor had made known the affairs transacted in Africa, and the mode in which they had been brought to pass, the conduct of the consul became a subject of discussion in every place and company at Rome. Among the people there was violent indignation; as to the senators, whether they would ratify so flagitious a proceeding, or annul the act of the consul, was a matter of doubt. The influence of Scaurus, as he was said to be the supporter and accomplice of Bestia, was what chiefly restrained the senate from acting with justice and honor. But Caius Memmius, of whose boldness of spirit, and hatred to the power of the nobility, I have already spoken, excited the people by his harangues, during the perplexity and delay of the senators, to take vengeance on the authors of the treaty; he exhorted them not to abandon the public interest or their own liberty; he set before them the many tyrannical and violent proceedings of the nobles, and omitted no art to inflame the popular passions. But as the eloquence of Memmius, at that period, had great reputation and influence I have thought proper to give in full[107] one out of many of his speeches; and I take, in preference to others, that which he delivered in the assembly of the people, after the return of Bestia, in words to the following effect:
XXXI. "Were not my zeal for the good of the state, my fellow-citizens, superior to every other feeling, there are many considerations which would deter me from appearing in your cause; I allude to the power of the opposite party, your own tameness of spirit, the absence of all justice, and, above all, the fact that integrity is attended with more danger than honor. Indeed, it grieves me to relate, how, during the last fifteen years[108], you have been a sport to the arrogance of an oligarchy; how dishonorably, and how utterly unavenged, your defenders have perished[109]; and how your spirit has become degenerate by sloth and indolence; for not even now, when your enemies are in your power, will you rouse yourselves to action, but continue still to stand in awe of those to whom you should be a terror.
Yet, notwithstanding this state of things, I feel prompted to make an attack on the power of that faction. That liberty of speech[110], therefore, which has been left me by my father, I shall assuredly exert against them; but whether I shall use it in vain, or for your advantage, must, my fellow-citizens, depend upon yourselves. I do not, however, exhort you, as your ancestors have often done, to rise in arms against injustice.
There is at present no need of violence, no need of secession; for your tyrants must work their fall by their own misconduct.
After the murder of Tiberius Gracchus, whom they accused of aspiring to be king, persecutions were instituted against the common people of Rome; and after the slaughter of Caius Gracchus and Marcus Fulvius, many of your order were put to death in prison. But let us leave these proceedings out of the question; let us admit that to restore their rights to the people, was to aspire to sovereignty; let us allow that what can not be avenged without shedding the blood of citizens, was done with justice. You have seen with silent indignation, however, in past years, the treasury pillaged; you have seen kings, and free people, paying tribute to a small party of Patricians, in whose hands were both the highest honors and the greatest wealth; but to have carried on such proceedings with impunity, they now deem but a small matter; and, at last, your laws and your honor, with every civil and religious obligation[111], have been sacrificed for the benefit of your enemies. Nor do they, who have done these things, show either shame or contrition, but parade proudly before your faces, displaying their sacerdotal dignities, their consulships, and some of them their triumphs, as if they regarded them as marks of honor, and not as fruits of their dishonesty. Slaves, purchased with money[112], will not submit to unjust commands from their masters; yet you, my fellow-citizens, who are born to empire, tamely endure oppression.