“That,” said Lælius, “is no excuse. What would you have done if he had ordered you to set the Capitol on fire?”
“Gracchus,” replied Blossius, “could never have given such an order.”
“But if he had?” insisted Lælius.
“Then,” said Blossius, “I would have done it.”
This bold partisan, however, was suffered to escape. Diophanes of Mytilene, another of the preceptors of Gracchus, was arrested by the consuls and put to death. Others also lost their lives, and some escaped death by exile. These whole proceedings were in violation of the laws of appeal; for the consuls had no legal power to try and condemn within the city.
It was not probably till the autumn of this year that Scipio celebrated his Numantian triumph. It was not gorgeous with spoils and a long train of captives, for the Numantians had buried themselves and their possessions beneath the ruins of their city. But the presence of Scipio, at this moment, was or might be pregnant with results; and as he passed in procession to the Capitol, many eyes turned to him with expectation. It might be thought that his approval of the death of Gracchus sufficiently indicated what part he intended to take. But it was possible for him to disapprove of the conduct of Gracchus without disapproving of his purpose. The countrymen of Latium and Italy had fought under him at Carthage and at Numantia. It was known that among the rest he had shown especial honour to a young soldier of Arpinum, of humble birth and rude manners. On one occasion he had invited this youth to supper, and placed him by his side; and when some flatterer asked where a general could be found to succeed him, “Perhaps here,” he said, laying his hand on the young soldier’s arm. This youth was C. Marius.
Whatever doubt might rest on Scipio’s intentions, he soon made it clear that he had no intention of holding out a hand to the civic populace. One of the partisans of Gracchus, by name C. Papirius Carbo, a man of ready wit, but in character turbulent, reckless, and unprincipled, hoped to raise himself to importance by means of this rabble. He was tribune for the year, and had carried a law for extending the use of the ballot into the legislative assemblies of the people. He now brought forward another bill, making it legal to re-elect a tribune to a second year of office. Scipio and Lælius opposed the measure, and the former spoke so warmly against it, that it was rejected by the tribes, though young C. Gracchus made his first public speech in its favour. It was then that Carbo publicly demanded of Scipio what he thought of the death of Gracchus. “That he was rightly put to death,” Scipio promptly replied. At these words an angry shout was raised. Scipio turned sternly to the quarter from which it came. “Peace,” he said, “ye stepsons of Italy; remember who it was that brought you in chains to Rome.”
[131-130 B.C.]
Early in the same year, however (131 B.C.), an incident occurred which also parted Scipio from Crassus. The consuls for the year were Crassus himself and L. Valerius Flaccus. The former was pontifex maximus, the latter was flamen of Mars. It happened that one Aristonicus, a bastard son of the last Eumenes, had raised an insurrection in the mountain districts near Pergamus, and matters had become so serious that a consular army was required. Both consuls were eager for command; but by reason of their sacred offices they were both legally unable to leave Italy, and Scipio’s tried skill in war pointed him out as the fittest man for command. Yet such was the popularity of Crassus, that out of thirty-five tribes, two only voted for Scipio and the rest for him. Considering a vote of the people as superior to the law, he completed his levies and set out for Pergamus, never to return. Scipio retired from Rome in disgust.
In this same year the censorship was held by Q. Metellus and Q. Pompeius—an event noted by all the historians as memorable, since now for the first time two men of plebeian blood were elected to the most august magistracy of the state. It is rather matter of wonder that an artificial distinction, which for all practical purposes was obsolete, should have been so long retained in the censorship, than that it should now have ceased.
If Crassus had returned, he might have taken more active steps to diminish the violence which the democratic leaders were beginning to encourage. But early in the year 130 B.C. he was defeated by Aristonicus in a pitched battle, and taken prisoner. The Roman statesman and jurist, deeming slavery intolerable, purposely struck the barbarian who had captured him in the face with his sword-belt, and was instantly cut down. His head was carried to Aristonicus, his body interred at Smyrna.