Gracchus felt that his popularity was shaken, and at the next assembly he thought it necessary to make a set speech to vindicate his conduct in deposing Octavius. The sum of his arguments amounts to a plea of necessity. It is true that the constitution of Rome provided no remedy against the abuse of power by an officer, except the shortness of time during which he held office and his liability to indictment at the close of that time. The tribunician authority, originally demanded to protect the people, might have turned against the people. But was it not open to Gracchus to propose a law by which the veto of a single tribune might be limited in its effect? Or might he not have waited for the election of new tribunes, and taken care that all were tried friends of his law? Instead of this he preferred a
The violent language of Nasica and his party made it plain that in the next year, when his person was no longer protected by the sanctity of the tribunician office, he would be vigorously assailed. He therefore determined to offer himself for re-election at the approaching assembly of the tribes. But his election was far from secure. Harvest-work occupied the country voters; many had grown cold; the mass of those who resided in the city were clients and dependents of the nobility. It was to regain and extend his popularity that he now brought forward three measures calculated to please all classes except the senatorial families. First, he proposed to diminish the necessary period of military service. Secondly, he announced a reform of the superior law courts, by which the juries were to be taken not from the senators only, but from all persons possessing a certain amount of property. Thirdly, he provided an appeal in all cases from the law courts to the assembly of the people.
These measures, which in altered forms were afterwards carried by his brother Caius, were only brought forward by Tiberius. But this was enough. His popularity returned in full tide.
When the day of the election came, the prerogative tribe gave its vote for Gracchus and his friends; so also the next. But it was objected that the same man could not be chosen in two successive years; and after a hot debate the assembly was adjourned till next day.
It wanted yet some hours of nightfall. Gracchus came forth into the Forum, clad in black, and leading his young son by the hand. In anticipation of his untimely end, he committed his precious charge to his fellow-citizens. All hearts were touched. The people surrounded him with eager gesticulations, and escorted him home, bidding him be of good cheer for the morrow. Many of his warmest adherents kept guard at his doors all night.
Roman Courtyard Fountain
“The father’s affection and the statesman’s bitter dismay,” says Beesly, “at finding the dearest object of his life about to be snatched from him by violence need not have been tinged with one particle of personal fear. A man of tried bravery, like Gracchus, might guard his own life indeed, but only as he regarded it as indispensable to a great cause. That evening he told his partisans he would give them a sign next day if he should think it necessary to use force at his election. It has been assumed that this proves he was meditating treason. But it proves no more than that he meant to repel force forcibly if, as was only too certain, force should be used, and this is not treason. No other course was open to him. The one weak spot in his policy was that he had no material strength at his back. Even Sulla would have been a lost man at a later time, if he had not had an army at hand to which he could flee for refuge, just as without the army Cromwell would have been powerless. But it was harvest-time now, and the Italian allies of Gracchus were away from home in the fields. The next day dawned, and with it occurred omens full of meaning to the superstitious Romans.”
The adjourned assembly met that morning upon the Capitol, and the area in front of the temple of Jupiter was filled chiefly by the adherents of Gracchus, among whom the tribune was himself conspicuous, in company with his Greek friend and preceptor Blossius of Cumæ. The senate also assembled hard by in the temple of Faith. Nasica rose and urged the presiding consul to stop the re-election. But Scævola declined.[77]