Part 2 (2/2)

But there were men in Rome who measured human life by other canons: who believed that the State existed for the individual at least as much as the individual for the State: who, even when they were imperialists, saw with terror the rotten foundations on which the empire rested, and with indignation the miserable returns that had been made to the men who had bought it with their blood. To them the brilliant present and the glorious future were veiled by a screen that showed the ghastly spectres of commercial imperialism. It showed luxury running riot amongst a n.o.bility already impoverished and ever more thievishly inclined, a colossal capitalism clutching at the land and stretching out its tentacles for every source of profitable trade, the middle cla.s.s fleeing from the country districts and ousted from their living in the towns, and the fair island that was almost a part of their Italian home, its garden and its granary, in the throes of a great slave war.

CHAPTER II

A cause never lacks a champion, nor a great cause one whom it may render great. Failure is in itself no sign of lack of spirit and ability, and when a vast reform is the product of a mean personality, the individual becomes glorified by identification with his work. From this point of view it mattered little who undertook the task of the economic regeneration of the Roman world. Any senator of respectable antecedents and moderate ability, who had a stable following amongst the ruling cla.s.ses, might have succeeded where Tiberius Gracchus failed; it was a task in which authority was of more importance than ability, and the sense that the more numerous or powerful elements of society were united in the demand for reform, of more value than individual genius or honesty of purpose. This was the very circ.u.mstance that foreshadowed failure, for the men of wide connections and established fame had shrunk from an enterprise with which they sympathised in various degrees. In the proximate history of the Republic there had been three men who showed an unwavering belief in the Italian farmer and the blessings of agriculture. These were M. Porcius Cato, P. Cornelius Scipio and Ti.

Semp.r.o.nius Gracchus. But the influence of Cato's house had become extinct with its first founder. The elder son, an amiable man and an accomplished jurist, had not out-lived his father; the second still survived, but seems to have inherited little of the fighting qualities of the terrible censor. The traditions of a Roman house needed to be sustained by the efforts of its existing representative, and the ”newness” of the Porcii might have necessitated generations of vigorous leaders to make them a power in the land. Scipionic traditions were now represented by Aemilia.n.u.s, and the glow of the luminary was reflected in paler lights, who received their l.u.s.tre from moving in that charmed orbit. One of these, the indefatigable henchman Laelius, had risen to the rank of consul, and stimulated by the vigorous theorisings of his h.e.l.lenised environment, he contemplated for a moment the formation of a plan which should deal with some of the worst evils of the agrarian question. But he looked at the problem only to start back in affright.

The strength and truculency of the vested interests with which he would have to deal were too much for a man whose nerve was weakened by philosophy and experience, and Laelius by his retreat justified, if he did not gain, the soubriquet which proclaimed his ”sapience”.[299] But why was Scipio himself idle? The answer is to be found both in his temperament and in his circ.u.mstances. With all his dash and energy, he was something of a healthy hedonist. As the chase had delighted him in his youth, so did war in his manhood. While hating its cruelties, he gloried in its excitement, and the discipline of the camp was more to his mind than the turbulence of an a.s.sembly. His mind, too, belonged to that cla.s.s which finds it almost impossible to emanc.i.p.ate itself from traditional politics. His vast knowledge of the history of other civilisations may have taught him, as it taught Polybius, that Rome was successful because she was unique.[300] Here there was to be no break with the past, no legislator posing as a demi-G.o.d, no obedience to the cries of the ma.s.ses who, if they once got loose, might turn and rend the enlightened few, and reproduce on Italian soil the shocking scenes of Greek socialistic enterprise. As things were, to be a reformer was to be a partisan, and Scipio loved the prospect of his probable supporters as little as that of his probable opponents. The fact of the Empire, too, must have weighed heavily with a man who was no blind imperialist. Even though economic reform might create an added efficiency in the army, Scipio must have known, as Polybius certainly knew, that soldiers are but p.a.w.ns in the great game, and that the controlling forces were the wisdom of the conservative senator, the ambition of the wealthy n.o.ble, and the capital of the enterprising knight. The wisdom of disturbing their influence, and awakening their resentment, could scarcely appeal to a mind so perfectly balanced and practical as Scipio's.

Circ.u.mstances, too, must have had their share in determining his quiescence. The Scipios had been a power in Rome in spite of the n.o.bility. They were used because they were needed, not because they were loved, and the necessary man was never in much favour with the senate.

Although there was no tie of blood between Aemilia.n.u.s and the elder Scipio, they were much alike both in fortune and in temperament. They had both been called upon to save military situations that were thought desperate; their reputation had been made by successful war; and though neither was a mere soldier, they lacked the taste and the patience for the complicated political game, which alone made a man a power amidst the n.o.ble circles and their immediate dependants at Rome.

But the last generation had seen in Tiberius Gracchus a man whose political influence had been vast, a n.o.ble with but scant respect for the indefeasible rights of the n.o.bility and as stern as Cato in his animadversions on the vices of his order, a man whose greatest successes abroad had been those of diplomacy rather than of war, one who had established firm connections and a living memory of himself both in West and East, whose name was known and loved in Spain, Sardinia, Asia and Egypt. It would have been too much to hope that this honest old aristocrat would attempt to grapple with the evils which had first become manifest during his own long lifetime; but it was not unnatural that people should look to a son of his for succour, especially as this son represented the blood of the Scipios as well as of the Gracchi. The marriage of the elderly Gracchus with the young Cornelia had marked the closing of the feud, personal rather than political, which had long separated him from the elder Scipio: and a further link between the two families was subsequently forged by the marriage of Semp.r.o.nia, a daughter of Cornelia, to Scipio Aemilia.n.u.s. The young Tiberius Gracchus may have been born during one of his father's frequent absences on the service of the State.[301] Certainly the elder Gracchus could have seen little of his son during the years of his infancy. But the closing years of the old man's life seem to have been spent uninterruptedly in Italy, and Tiberius must have been profoundly influenced by the genial and stately presence that Rome loved and feared. But he was little more than a boy when his father died, and the early influences that moulded his future career seem to have been due mainly to his mother. Cornelia would have been the typical Roman matron, had she lived a hundred years earlier; she would then have trained sons for the battlefield, not for the Forum. As it was, the softening influences of Greek culture had tempered without impairing her strength of character, had subst.i.tuted rational for purely supernatural sanctions, and a wide political outlook for a rude sense of civic duty. Herself the product of an education such as ancient civilisations rarely bestowed upon their women, she wrote and spoke with a purity and grace which led to the belief that her sons had learnt from her lips and from her pen their first lessons in that eloquence which swayed the ma.s.ses and altered the fortunes of Rome.[302]

But her gifts had not impaired her tenderness. Her sons were her ”Jewels,” and the successive loss of nine of the children which she had borne to Gracchus must have made the three that remained doubly dear.

The two boys had a narrow escape from becoming Eastern princes: for the hand of the widow Cornelia was sought in marriage by the King of Egypt.[303] Such an alliance with the representative of the two houses of the Gracchi and the Scipios might easily seem desirable to a protected king, although the attractions of Cornelia may also have influenced his choice. She, however, had no aspirations to share the throne of the Lagidae, and the h.e.l.lenism of Tiberius and of his younger brother Caius, though deep and far-reaching, was of a kind less violent than would have been gained by transportation to Alexandria. They were trained in rhetoric by Diophanes an exile from Mitylene, and in philosophy by Blossius of c.u.mae, a stoic of the school of Antipater of Tarsus.[304] Many held the belief that Tiberius was spurred to his political enterprise by the direct exhortation of these teachers; but, even if their influence was not of this definite kind, there can be little doubt that the teaching of the two Greeks exercised a powerful influence on the political cast of his mind. Ideals of Greek liberty, speeches of Greek statesmen who had come forward as champions of the oppressed, stories of social ruin averted by the voice and hand of the heaven-sent legislator, pictures of self-sacrifice and of resigned submission to a standard of duty--these were lessons that may have been taught both by rhetorician and philosopher. Nor was the teaching of history different. In the literary environment in which the Gracchi moved, ready answers were being given to the most vital questions of politics and social science. Every one must have felt that the approaching struggle had a dual aspect, that it was political as well as social. For social conservatism was entrenched behind a political rampart: and if reform, neglected by the senate, was to come from the people, the question had first to be asked, Had the people a legal right to initiate reform? The historians of that and of the preceding generation would have answered this question unhesitatingly in the affirmative. The _de facto_ sovereignty of the senate had not even received a sanction in contemporary literature, while to that of the immediate past it was equally unknown. The Roman annalists from the time of the Second Punic War had revealed the sovereignty of the people as the basis of the Roman const.i.tution,[305] and the history of the long struggle of the Plebs for freedom made the protection of the commons the sole justification of the tribunate. From the lips of Polybius himself Tiberius may have heard the impression which the Roman polity made on the mind of the educated Greek: and the fact that this was a Greek picture did not lessen its validity; for the Greek was moulding the orthodox history of Rome, and the victims of his genius were the best Roman intellects of the day. He might have learnt how in this mixed const.i.tution the people still retained their inalienable rights, how they elected, ratified, and above all how they punished.[306] He might have gathered that the identification of the tribunate with the interests of the n.o.bility was a perversion of its true and vital function: that the tribune exists but to a.s.sist the commons and can be subject to no authority but the people's will, whether expressed directly by them or indirectly through his colleagues.[307] The history of the Punic wars did indeed reveal, in the fate of a Varro or a Minucius, how popular insubordination might be punished, when its end was wrong. Polybius's own voice was raised in prophetic warning against a possible demagogy of the future.[308] But that history showed the healthy discipline of a healthy people--a people that had vanquished genius through subordination, a peasant cla.s.s whose loyalty and tenacity were as great as those of its leaders, and without whom those leaders would have been helpless. Where was such a cla.s.s to be found now? Change the subject or turn the page, and the Greek statesman and historian could point to the dreadful reverse of this picture.[309] He could show a Greek nation, gifted with political genius but doomed to political decay--a nation whose sons acc.u.mulated money, lived in luxury with little forethought for the future, and refused to beget children for the State: a nation with a wealthy and cultured upper cla.s.s, but one that was literally peris.h.i.+ng for the lack of men.[310] Was this the fate in store for Rome? A temperament that was merely vigorous and keen might not have been affected by such reflections. One that was merely contemplative might have regarded them only as a subject for curious study. But Tiberius's mind ran to neither of these two extremes. He was a thoughtful and sensitive man of action. Sweet in temper, staid in deportment, gentle in language, he attracted from his dependants a loyalty that knew no limits, and from his friends a devotion that did not even shrink from death on his behalf. Even in his pure and polished oratory pa.s.sion revealed itself chiefly in appeals to pity, not in the harsher forms of invective or of scorn. His mode of life was simple and restrained, but apparently with none of the pedantic austerity of the stoic. In an age that was becoming dissolute and frivolous he was moral and somewhat serious.[311] But his career is not that of the man who burdens society with the impression that he has a solemn mission to perform. Such men are rarely taken as seriously as they take themselves; they do not win aged men of experience to support their cause; the demeanour that wearies their friends is even likely to be found irksome by the mob.

Roman society must have seen much promise in his youth, for honours came early. A seat at the augural board was regarded as a tribute to his merit rather than his birth;[312] and indeed the Roman aristocrats, who dispensed such favours, were too clever to be the slaves of a name, when political manipulation was in question and talent might be diverted to the true cause. His marriage was a more important determinant in his career. The bride who was offered him was the daughter of Appius Claudius Pulcher, a man of consular and censorian rank and now Princeps of the senate,[313] a clever representative of that brilliant and eccentric house, that had always kept liberalism alive in Rome. Appius had already displayed some of the restless individuality of his ancestors. When the senate had refused him a triumph after a war with the Sala.s.si, he had celebrated the pageant at his own expense, while his daughter, a vestal, walked beside the car to keep at bay the importunate tribune who attempted to drag him off.[314] A similar unconventionality was manifested in the present betrothal. The story runs that Appius broached the question to Tiberius at an augural banquet. The proposition was readily accepted, and Appius in his joy shouted out the news to his wife as he entered his own front door. The lady was more surprised than annoyed. ”What need for all this haste,” she said, ”unless indeed you have found Tiberius Gracchus for our girl?” [315] Appius, hasty as he was, was probably in this case not the victim of a sudden inspiration.

The restless old man doubtless pined for reform; but he was weighed down by years, honours and familiarity with the senate. He could not be the protagonist in the coming struggle; but in Tiberius he saw the man of the future.

The chances of the time favoured a military even more than a political career; the chief spheres of influence were the province and the camp, and it was in these that the earliest distinctions of Tiberius were won.

When a lad of fifteen he had followed his brother-in-law Scipio to Africa, and had been the first to mount the walls of Carthage in the vain a.s.sault on the fortress of Megara.[316] He had won the approval of the commander by his discipline and courage, and left general regret amongst the army when he quitted the camp before the close of the campaign. But an experience as potent for the future as his first taste of war, must have been those hours of leisure spent in Scipio's tent.[317] If contact with the great commander aroused emulation, the talk on political questions of Scipio and his circle must have inspired profound reflection. Here he could find aspirations enough; all that was lacking was a leader to translate them into deeds. The quaestors.h.i.+p, the first round of the higher official ladder, found him attached to the consul Mancinus and destined for the ever-turbulent province of Spain.

It was a fortunate chance, for here was the scene of his father's military and diplomatic triumphs. But the sequel was unexpected. He had gone to fulfil the duties of a subordinate; he suddenly found himself performing those of a commander-in-chief or of an accredited representative of the Roman people. The Numantines would treat only with a Gracchus, and the treaty that saved Roman lives but not Roman honour was felt to be really his work. In a moment he was involved in a political question that agitated the whole of Rome. The Numantine treaty was the topic of the day. Was it to be accepted or, if repudiated, should the authors of the disaster, the causes of the breach of faith, be surrendered in time-honoured fas.h.i.+on to the enemy as an expiation for the violated pledge? On the first point there was little hesitation; the senate decided for the nullity of the treaty, and it was likely that this view would be accepted by the people, if the measures against the ratifying officials were not made too stringent. For on this point there was a difference of opinion. The poorer cla.s.ses, whose sons and brothers had been saved from death or captivity by the treaty, blamed Mancinus as the cause of the disaster, but were grateful to Tiberius as the author of the agreement. Others who had less to lose and could therefore afford to stand on principle, would have enforced the fullest rigour of the ancient rules and have delivered up the quaestor and tribunes with the defaulting general.[318] It was thought that the influence of Scipio, always great with the agricultural voters, might have availed to save even Mancinus, nay that, if he would, he might have got the peace confirmed.[319] But his efforts were believed to have been employed in favour of Tiberius. The matter ended in an illogical compromise. The treaty was repudiated, but it was decreed that the general alone should be surrendered.[320] A breach in an ancient rule of religious law had been made in favour of Tiberius.

But, in spite of this mark of popular favour, the experience had been disheartening and its effect was disturbing. Although it is impossible to subscribe to the opinion of later writers, who, looking at the matter from a conservative and therefore unfavourable aspect, saw in this early check the key to Tiberius's future action,[321] yet anger and fear leave their trace even on the best regulated minds. The senate had torn up his treaty and placed him for the moment in personal peril. It was to the people that he owed his salvation. If circ.u.mstances were to develop an opposition party in Rome, he was being pushed more and more into its ranks. And a coolness seems to have sprung up at this time between him and the man who had been his great _exemplar_. Tiberius took no counsel of Scipio before embarking on his great enterprise; support and advice were sought elsewhere. He may have already tested Scipio's lack of sympathy with an active propaganda; shame might have kept back the hint of a plan that might seem to imply a claim to leaders.h.i.+p. But it is possible that there was some feeling of resentment against the warrior now before Numantia, who had done nothing to save the last Numantine treaty and the honour of the name of Gracchus.

His reticence could scarcely have been due to ignorance of his own designs; for his brother Caius left it on record that it was while journeying northward from Rome on his way to Numantia that Tiberius's eyes were first fully opened to the magnitude of the malady that cried aloud for cure.[322] It was in Etruria, the paradise of the capitalist, that he saw everywhere the imported slave and the barbarian who had replaced the freeman. It was this sight that first suggested something like a definite scheme. A further stimulus was soon to be found in sc.r.a.ps of anonymous writing which appeared on porches, walls and monuments, praying for his succour and entreating that the public land should be recovered for the poor.[323] The voiceless Roman people was seeking its only mode of utterance, a tribune who should be what the tribune had been of old, the servant of the many not the creature of the few. To Gracchus's mother his plans could hardly have been veiled. She is even said to have stimulated a vague craving for action by the playful remark that she was still known as the mother-in-law of Scipio, not as the mother of the Gracchi.[324]

But there was need of serious counsel. Gracchus did not mean to be a mere demagogue, coming before the people with a half-formed plan and stirring up an agitation which could end merely in some idle resolution.

There were few to whom he could look for advice, but those few were of the best. Three venerable men, whose deeds and standing were even greater than their names, were ready with their support. There was the chief pontiff, P. Licinius Cra.s.sus Mucia.n.u.s, the man who was said to combine in a supreme degree the four great blessings of wealth, birth, eloquence and legal lore;[325] there was the brother of Cra.s.sus, P.

Mucius Scaevola,[326] the greatest lawyer of his age and already destined to the consuls.h.i.+p for the following year; lastly there was Tiberius's father-in-law, the restless Appius, now eagerly awaiting the fulfilment of a cherished scheme by the man of his own choice.[327]

Thus fortified, Tiberius Gracchus entered on his tribunate, and formulated the measure which was to leave large portions of the public domain open for distribution to the poor. In the popular gatherings with which he opened his campaign, he dwelt on the nature of the evils which he proposed to remedy. It was the interest of Italy, not merely of the Roman proletariate, that was at stake.[328] He pointed out how the Italian peasantry had dwindled in numbers, and how that portion of it which still survived had been reduced to a poverty that was irremediable by their own efforts. He showed that the slave gangs which worked the vast estates were a menace, not a help, to Rome. They could not be enlisted for service in the legions; their disaffection to their masters was notorious; their danger was being proved even now by the horrible condition of Sicily, the fate of its slave-owning landlords, the long, difficult and eventful war which had not even yet been brought to a close.[329] Sometimes the language of pa.s.sion replaced that of reason in his harangues to the crowds that pressed round the Rostra. ”The beasts that prowl about Italy have holes and lurking-places where they may make their beds. You who fight and die for Italy enjoy but the blessings of air and light. These alone are your heritage. Homeless, unsettled, you wander to and fro with your wives and children. Our generals are in the habit of inspiring their soldiers to the combat by exhorting them to repel the enemy in defence of their tombs and ancestral shrines. The appeal is idle and false. You cannot point to a paternal altar, you have no ancestral tomb. No! you fight and die to give wealth and luxury to others. You are called the masters of the world; yet there is no clod of earth that you can call your own.” [330]

The proposal, which was ushered in by these stirring appeals, seemed at first sight to be of a moderate and somewhat conservative character. It professed to be the renewal of an older law, which had limited the amount of domain land which an individual might possess to five hundred _jugera_;[331] it professed, that is, to reinforce an injunction which had been persistently disobeyed, for this enactment restricting possession had never been repealed. The extent to which a proposal of this kind is a re-enactment, in the spirit as well as in the letter, depends entirely on the length of time which has elapsed since the original proposal has begun to be violated. A political society, which recognises custom as one of the bases of law, must recognise desuetude as equally valid. A law, which has not been enforced for centuries, would, by the common consent of the courts of such nations as favour progressive legislation, be regarded as no law at all. Again, the age of an ordinance determines its suitability to present conditions. It may be justifiable to revive an enactment that is centuries old; but the revival should not necessarily dignify itself with that name. It must be regarded as a new departure, unless the circ.u.mstances of the old and the new enactment can be proved to be approximately the same. Our attempts to judge the Gracchan law by these considerations are baffled by our ignorance of the real date of the previous enactment, the stringency of whose measures he wished to renew. If it was the Licinian law of the middle of the fourth century,[332] this law must have been renewed, or must still have continued to be observed, at a period not very long anterior to the Gracchan proposal; for Cato could point his argument against the declaration of war with Rhodes by an appeal to a provision attributed to this measure[333]--an appeal which would have been pointless, had the provision fallen into that oblivion which persistent neglect of an enactment must bring to all but the professed students of law. We can at least a.s.sert that the charge against Gracchus of reviving an enactment so h.o.a.ry with age as to be absurdly obsolete, is not one of the charges to be found even in those literary records which were most unfriendly to his legislation.[334]

The general principle of the measure was, therefore, the limitation to five hundred _jugera_ of the amount of public land that could be ”possessed” by an individual. The very definition of the tenure immediately exempted large portions of the State's domain from the operation of this rule.[335] The Campanian land was leased by the State to individuals, not merely possessed by them as the result of an occupation permitted by the government; it, therefore, fell outside the scope of the measure;[336] but, as it was technically public land and its owners.h.i.+p was vested in the State, it would have been hazardous to presume its exemption; it seems, therefore, to have been specifically excluded from the operation of the bill, and a similar exception was probably made in favour of many other tracts of territory held under a similar tenure.[337] Either Gracchus declined to touch any interest that could properly describe itself as ”vested,” even though it took merely the form of a leasehold, or he valued the secure and abundant revenue which flowed into the coffers of the State from these domains. There were other lands strictly ”public” where the claim of the holders was still stronger, and where dispossession without the fullest compensation must have been regarded as mere robbery. We know from later legislation that respect was had to such lands as the Trientabula, estates which had been granted by the Roman government at a quit rent to its creditors, as security for that portion of a national debt which had never been repaid. It is less certain what happened in the case of lands of which the usufruct alone had been granted to communities of Roman citizens or Latin colonists. Owners.h.i.+p in this case still remained vested in the Roman people, and if the right of usufruct had been granted by law, it could be removed by law. In the case of Latin communities, however, it was probably guaranteed by treaty, which no mere law could touch: and so similar were the conditions of Roman and Latin communities in this particular, that it is probable that the land whose use was conferred on whole communities by these ancient grants, was wholly spared by the Gracchan legislation. In the case of those commons which were possessed by groups of villagers for the purposes of pasturage (_ager compascuus_),[338] it is not likely that the group was regarded as the unit: and therefore, even in the case of such an aggregate possessing over five hundred _jugera_, their occupation was probably left undisturbed.

All other possessors must vacate the land which exceeded the prescribed limit. Such an ordinance would have been harsh, had no compensation been allowed, and Gracchus proposed certain amends for the loss sustained. In the first place, the five hundred _jugera_ retained by each possessor were to be increased by half as much again for each son that he might possess: although it seems that the amount retained was not to exceed one thousand _jugera_.[339] Secondly, the land so secured to existing possessors was not to be held on a merely precarious tenure, and was not to be burdened by the payment of dues to the State; even if owners.h.i.+p was not vested in its holders, they were guaranteed gratuitous undisturbed possession in perpetuity.[340] Thirdly, the bill as originally drafted even suggested some monetary compensation for the land surrendered.[341] This compensation was probably based on a valuation of stock, buildings, and recent permanent improvements, which were to be found on the territory now reverting to the State. It must have applied for the most part only to arable land, and practically amounted to a purchase by the State of items to which it could lay no legal claim; for it was the soil alone, not the buildings on the soil, over which its lords.h.i.+p could properly be a.s.serted.

The object of reclaiming the public land was its future distribution amongst needy citizens. This distribution might have taken either of two forms. Fresh colonies might have been planted, or the acquired land might merely be a.s.signed to settlers who were to belong to the existing political organisations. It was the latter method of simple a.s.signation that Gracchus chose. There was felt to be no particular need for new political creations; for the pacification of Italy seemed to be accomplished, and the new farming cla.s.s would perform their duty to the State equally well as members of the territory of Rome or of that of the existing municipia and coloniae of Roman citizens. There is some evidence that the new proprietors were not all to be attached to the city of Rome itself, but that many, perhaps most, were to be attributed to the existing colonies and municipia, in the neighbourhood of which their allotments lay.[342] The size of the new allotments which Gracchus projected is not known; it probably varied with the needs and status of the occupier, perhaps with the quality of the land, and there is some indication that the maximum was fixed at thirty _jugera_.[343] This is an amount that compares favourably with the two, three, seven or ten _jugera_ of similar a.s.signments in earlier times, and is at once a proof of the decrease in the value of land--a decrease which had contributed to the formation of the large estates--and of the large amount of territory which was expected to be reclaimed by the provisions of the new measure. The allotments thus a.s.signed were not, however, to be the freehold property of their recipients. They were, indeed, heritable and to be held on a perfectly secure tenure by the a.s.signees and their descendants; but a revenue was to be paid to the State for their use: and they were to be inalienable--the latter provision being a desperate expedient to check the land-hunger of the capitalist, and to save the new settlers from obedience to the economic tendencies of the times.[344]

It is doubtful whether the social object of Gracchus could have been fully accomplished, had he confined his attention wholly to the existing citizens of Rome. The area of economic distress was wider than the citizen body, and it was the salvation of Italy as a whole that Gracchus had at heart.[345] There is much reason for supposing that some of the Italian allies were to be recipients of the benefits of the measure.[346] In earlier a.s.signations the Latins had not been excluded, and it is probable that at least these, whether members of old communities or of colonies, were intended to have some share in the distribution. There could be no legal hindrance to such partic.i.p.ation.

With respect to rights in land, the Latins were already on a level with Roman citizens, and their exclusion from the new allotments would have been due to a mere political prejudice which is not characteristic either of Gracchus or his plans.

The ineffectiveness of laws at Rome was due chiefly to the apathy of the executive authority. Gracchus saw clearly that his measure would, like other social efforts of the past, become a mere pious resolution, if its execution were entrusted to the ordinary officials of the State.[347]

But a special commission, which should effectually carry out the work which he contemplated, must be of a very unusual kind. The magnitude of the task, and the impossibility of a.s.signing any precise limit of time to its completion, made it essential that the Triumvirate which he established should bear the appearance of a regular but extraordinary magistracy of the State. The three commissioners created by the bill were to be elected annually by the Comitia of the Tribes.[348]

Re-election of the same individuals was possible, and the new magistracy was to come to an end only with the completion of its work. Its occupants, perhaps, possessed the Imperium from the date of the first inst.i.tution of the office; they certainly exercised it from the moment when, as we shall see, their functions of a.s.signment were supplemented by the addition of judicial powers. Gracchus was doubtless led to this new creation purely by the needs of his measure; but he showed to later politicians the possibility of creating a n

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