Jugurthine War (31-35)

" 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,[*] you have been a sport to the arrogance of an oligarchy; how dishonorably, and how utterly unavenged, your defenders

have perished;[*] 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,[*] 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,[*] 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,[*] will not submit to unjust commands from their masters; yet you, my fellow-citizens, who are born to empire, tamely endure oppression.

"But who are these that have thus taken the government into their hands ? Men of the most abandoned character, of blood-stained hands, of insatiable avarice, of enormous guilt, and of matchless pride; men by whom integrity, reputation, public spirit,[*] and indeed every thing, whether honorable or dishonorable, is converted to a means of gain. Some of them make it their defense that they have killed tribunes of the people; others, that they have instituted unjust prosecutions; others, that they have shed your blood; and thus, the more atrocities each has committed, the greater is his security; while your oppressors, whom the same desires, the same aversions, and the same fears, combine in strict union (a union which among good men is friendship, but among the bad confederacy in guilt), have excited in you, through your want of spirit, that terror which they ought to feel for their own crimes.

" But if your concern to preserve your liberty were as great as their ardor to increase their power of oppression, the state would not be distracted as it is at present; and the marks of favor which proceed from you,[*] would be conferred, not on the most shameless, but on the most deserving. Your forefathers, in order to assert their rights and establish their authority, twice seceded in arms to Mount Aventine ; and will not you exert yourselves, to the utmost of your power, in defense of that liberty which you received from them ? Will you not display

so much the more spirit in the cause, from the reflection that it is a greater disgrace to lose[*] what has been gained, than not to have gained it at all ?

"But some will ask me, 'What course of conduct, then, would you advise us to pursue ?' I would advise you to inflict punishment on those who have sacrificed the interests of their country to the enemy; not, indeed, by arms, or any violence (which would be more unbecoming, however, for you to inflict than for them to suffer), but by prosecutions, and by the evidence of Jugurtha himself, who, if he has really surrendered, will doubtless obey your summons; whereas, if he shows contempt for it, you will at once judge what sort of a peace or surrender it is, from which springs impunity to Jugurtha for his crimes, immense wealth to a few men in power, and loss and infamy to the republic.

"But perhaps you are not yet weary of the tyranny of these men; perhaps these times please you less than those[*] when kingdoms, provinces, laws, rights, the administration of justice, war and peace, and indeed every thing civil and religious, was in the hands of an oligarchy; while you, that is, the people of Rome, though unconquered by foreign enemies, and rulers of all nations around, were content with being alloyed to live; for which of you had spirit to throw off your slavery ? For myself, indeed, though I think it most disgraceful to receive an injury without resenting it, yet I could easily allow you to pardon these basest of traitors, because they are your fellow-citizens, were it not certain that your indulgence would end in your destruction. For such is their presumption, that to escape punishment for their misdeeds will have but little effect upon them, unless they be deprived, at the same time, of the power of doing mischief; and endless anxiety will remain for you, if you shall have to reflect that you must either be slaves or preserve your liberty by force of arms.

"Of mutual trust, or concord, what hope is there? They wish to be lords, you desire to be free; they seek to inflict injury,

you to repel it; they treat your allies as enemies, your enemies as allies. With feelings so opposite, can peace or friendship subsist between you ? I warn, therefore, and exhort you, not to allow such enormous dishonesty to go unpunished. It is not an embezzlement of the public money[*] that has been committed; nor is it a forcible extortion of money from your allies; offenses which, though great, are now, from their frequency, considered as nothing; but the authority of the senate, and your own power, have been sacrificed to the bitterest of enemies, and the public interest has been betrayed for money, both at home and abroad; and unless these misdeeds be investigated, and punishment be inflicted on the guilty, what remains for us but to live the slaves of those who committed them For those who do what they will with impunity are undoubtedly kings.[*]

"I do not, however, wish to encourage you, O Romans, to be better satisfied at finding your fellow-citizens guilty than innocent, but merely to warn you not to bring ruin on the good, by suffering the bad to escape. It is far better, in any government, to be unmindful of a service than of an injury ; for a good man, if neglected, only becomes less active; but a bad man, more daring. Besides, if the crimes of the wicked are suppressed,[*] the state will seldom need extraordinary support from the virtuous."

By repeating these and similar sentiments, Memmius prevailed on the people to send Lucius Cassius,[*] who was

then prætor, to Jugurtha, and to bring him, under guarantee of the public faith,[*] to Rome, in order that, by the prince's evidence, the misconduct of Scaurus and the rest, whom they charged with having taken bribes, might more easily be made manifest.

During the course of these proceedings at Rome, those whom Bestia had left in Numidia in command of the army, following the example of their general, had been guilty of many scandalous transactions. Some, seduced by gold, had restored Jugurtha his elephants; others had sold him his deserters; others had ravaged the lands of those at peace with us; so strong a spirit of rapacity, like the contagion of a pestilence, had pervaded the breasts of all.

Cassius, when the measure proposed by Memmius had been carried, and while all the nobility were in consternation, set out on his mission to Jugurtha, whom, alarmed as he was, and despairing of his fortune, from a sense of guilt, he admonished " that since he had surrendered himself to the Romans, he had better make trial of their mercy than their power." He also pledged his own word, which Jugurtha valued not less than that of the public, for his safety. Such, at that period, was the reputation of Cassius.

Jugurtha, accordingly, accompanied Cassius to Rome, but without any mark of royalty, and in the garb, as much as possible, of a suppliant;[*] and, though he felt great confidence on his own part, and was supported by all those through whose power or villainy he had accomplished his projects, he purchased, by a vast bribe, the aid of Caius Bæbius, a tribune of the people, by whose audacity he hoped to be protected against the law, and against all harm.

An assembly of the people being convoked, Memmius although they were violently exasperated against Jugurtha, (some demanding that he should be cast into prison, others that, unless he should name his accomplices in guilt, he should be put to death, according to the usage of their ancestors, as a public enemy), yet, regarding rather their character than their

resentment, endeavored to calm their turbulence and mitigate their rage ; and assured them that, as far as depended on him, the public faith should not be broken. At length, when silence was obtained, he brought forward Jugurtha, and addressed them. He detailed the misdeeds of Jugurtha at Rome and in Numidia, and set forth his crimes toward his father and brothers; and admonished the prince, " that the Roman people, though they were well aware by whose support and agency he had acted, yet desired further testimony from himself; that, if he disclosed the truth, there was great hope for him in the honor and clemency of the Romans; but if he concealed it, he would certainly not save his accomplices, but ruin himself and his hopes forever."

But when Memmius had concluded his speech, and Jugurtha was expected to give his answer, Caius Bæbius, the tribune of the people, whom I have just noticed as having been bribed, enjoined the prince to hold his peace;[*] and though the multitude, who formed the assembly, were desperately enraged, and endeavored to terrify the tribune by outcries, by angry looks, by violent gestures, and by every other act to which anger prompts,[*] his audacity was at last triumphant. The

people, mocked and set at naught, withdrew from the place of assembly; and the confidence of Jugurtha, Bestia, and the others, whom this investigation had alarmed, was greatly augmented.

There was at this period in Rome a certain Numidian named Massiva, a son of Gulussa and grandson of Masinissa, who, from having been, in the dissensions among the princes, opposed to Jugurtha, had been obliged, after the surrender of Cirta and the murder of Adherbal, to make his escape out of Africa. Spurius Albinus, who was consul with Quintus Minucius Rufus the year after Bestia, prevailed upon this man, as he was of the family of Masinissa, and as odium and terror hung over Jugurtha for his crimes, to petition the senate for the kingdom of Numidia. Albinus,being eager for the conduct of a war, was desirous that affairs should be disturbed,[*] rather than sink into tranquillity; especially as, in the division of the provinces, Numidia had fallen to himself, and Macedonia to Minucius.

When Massiva proceeded to carry these suggestions into execution, Jugurtha, finding that he had no sufficient support in his friends, as a sense of guilt deterred some, and evil report or timidity others, from coming forward in his behalf, directed Bomilcar, his most attached and faithful adherent, to procure by the aid of money, by which he had already effected so much, assassins to kill Massiva; and to do it secretly if he could; but, if secrecy should be impossible, to cut him off' in any way whatsoever. This commission Bomilcar soon found means to execute; and, by the agency of men versed in such service, ascertained the direction of his journeys, his hours of leaving home, and the times at which he resorted to particular places,[*] and, when all was ready, placed his assassins in ambush. One of their number sprung upon Massiva, though with too little caution, and killed him; but being himself caught, he made, at the instigation of many, and especially of Albinus the consul, a full confession. Bomilcar was accordingly committed for trial, though rather on the principles of reason and justice than

in accordance with the law of nations,[*] as he was in the retinue of one who had come to Rome on a pledge of the public faith for his safety. But Jugurtha, though clearly guilty of the crime, did not cease to struggle against the truth, until he perceived that the infamy of the deed was too strong for his interest or his money. For which reason, although, at the commencement of the proceedings,[*] he had given fifty of his friends as bail for Bomilcar, yet, thinking more of his kingdom than of the sureties, he sent him off privately into Numidia; for he feared that if such a man should be executed, his other subjects would be deterred from obeying him.[*] A few days after, he himself departed, having been ordered by the senate to quit Italy. But, as he was going from Rome, he is said, after frequently looking back on it in silence, to have at last exclaimed, "That it was a venal city, and would soon perish, if it could but find a purchaser !"[*]