Decius Junius Sila.n.u.s, whose opinion was first asked, spoke briefly, but strenuously and to the point, and as became the Consul elect, soon to be the first magistrate of that great empire. He declared for the capital punishment of all those named above, and of four others, Lucius Ca.s.sius, Publius Furius, Publius Umbrenus, and Quintus Annius, if they should be thereafter apprehended.

Several others of the high Patrician family followed on the same side; and no one had as yet ventured openly to urge the impunity of the parricides, although Tiberius Nero had recommended a delay in taking the question, and the casting of the prisoners meanwhile into actual incarceration under the safeguard of a military force.

But it had now come to the turn of Caius Julius Caesar, the great leader then of the Democratic faction, the great captain that was to be in after days, and the first Emperor of subjugated Rome.

An orator second, if second, to Cicero alone, ardent, impa.s.sioned, yet bland, clement, easy; liberal both of hand and council; averse to Cicero from personal pique, as well as from party opposition; an eager candidate for popular applause and favor, it was most natural that he should take side with the conspirators.

Still, his name having been coupled obscurely with their infamous designs, although Cicero had positively refused to suffer his accusation or impeachment, it required so much boldness, so much audacity indeed, to enable him to stand forward as their open champion, that many men disbelieved that he would venture on a step so hazardous.

The greatest possible anxiety was manifested, therefore, in the house, when that distinguished Senator arose, and began in low, deep, harmonious tones, and words which rolled forth like a gentle river in an easy and silvery flow.

"It were well," he said, "Conscript Fathers, that all men who debate on dubious matters, should be unbia.s.sed in opinion by hate or friendship, clemency or anger. When pa.s.sions intervene, the mind can rarely perceive truth; nor hath at one time any man obeyed his interests and his pleasures. The intellect there prevails, where most it is exerted. If pa.s.sion governs it, pa.s.sion hath the sole sway; reason is powerless. It were an easy task for me, Conscript Fathers, to quote instances in which kings and nations, impelled by enmity or pity, have taken unadvised and evil counsels; but I prefer to cite those, wherein our ancestors, defying the influence of pa.s.sion, have acted well and wisely. During the Macedonian war which we waged against King Perseus, the state of Rhodes, splendid then and stately, which had been built up by the aid and opulence of Rome, proved faithless to us, and a foe. Yet, when, the war being ended, debate was had concerning her, our fathers suffered her citizens to go unpunished, in order that no men might infer that Rome had gone to war for greed, and not for just resentment. Again, in all the Punic wars, although the Carthaginians repeatedly committed outrages against them, in violation both of truce and treaties, never once did they follow that example, considering rather what should seem worthy of themselves, than what might be inflicted justly on their foes.

"This same consideration you should now take, Conscript Fathers; having care that the crimes of Publius Lentulus and his fellows weigh not upon your minds with greater potency, than your own dignity and honor; and that ye obey not rather the dictates of resentment, than the teachings of your old renown. For if a punishment worthy their crimes can be discovered, I approve of it, of how new precedent soever; but if the enormity of their guilt overtop the invention of all men, then, I shall vote that we abide by the customs, prescribed by our laws and inst.i.tutions.

"Many of those who have already spoken, have dilated in glowing and set phrases on the perils which have menaced the republic. They have descanted on the horrors of warfare, on the woes which befall the vanquished. The rape of virgins; the tearing of children from parental arms; the ransacking of human homes and divine temples; the subjecting of matrons to the brutal will of the conquerors; havoc and conflagration, and all places filled with arms and corpses, with ma.s.sacre and misery-But, in the name of the immortal G.o.ds! to what do such orations tend? Do they aim at inflaming your wrath against this conspiracy? Vain, vain were such intent; for is it probable that words will inflame the mind of any one, if such and so atrocious facts have failed to inflame it? That is indeed impossible! Nor hath any man, at any period, esteemed his own injuries too lightly. Most persons, on the contrary, hold them more heavy than they are. But consequences fall not equally on all men, Conscript Fathers. They who in lowly places pa.s.s their lives in obscurity, escape the censure of the world, if they err on occasion under the influences of pa.s.sion. Their fortunes and their fame are equal. They who, endowed with high commands, live in exalted stations, perform every action of their lives in the full gaze of all men. Thus to the greatest fortunes, the smallest licence is conceded. The great man must in no case consult his affections, or his anger. Least of all, must he yield to pa.s.sion. That which is styled wrath in the lowly-born, becomes tyranny and cruel pride in the high and n.o.ble.

"I indeed think, with those who have preceded me, that every torture is too small for their atrocity and crime. But it is human nature's trick to remember always that which occurs the last in order. Forgetful of the criminal's guilt, the world dwells ever on the horror of his punishment, if it lean never so little to the side of severity. Well sure am I, that the speech of Decius Sila.n.u.s, a brave and energetic man, was dictated by his love for the republic-that in a cause so weighty he is moved neither by favor nor resentment. Yet his vote to my eyes appears, I say not cruel -for what could be cruel, inflicted on such men?-but foreign to the sense of our inst.i.tutions. Now it is clear, Sila.n.u.s, that either fear of future peril, or indignation at past wrong, impelled you to vote for an unprecedented penalty! Of fear it is needless to speak farther; when through the active energy of that most eminent man, our consul, such forces are a.s.sembled under arms! concerning the punishment of these men we must speak, however, as the circ.u.mstances of the case require. We must admit that in agony and wo death is no penalty, but rather the repose from sorrow. Death alone is the refuge from every mortal suffering-in death alone there is no place for joy or grief. But if this be not so, wherefore, in the name of the G.o.ds! have ye not added also to your sentence, that they be scourged before their execution? Is it, that the Porcian law forbids? That cannot be-since other laws as strenuously prohibit the infliction of capital punishment on condemned citizens, enjoining that they be suffered to go into exile. Is it, then, that to be scourged is more severe and cruel than to be slain? Not so-for what can be too severe or too cruel for men convicted of such crime. If on the other hand it be less severe, how is it fitting to obey that law in the lesser, which you set at naught in the greater article? But, you will ask me perchance, who will find fault with any punishment inflicted upon the parricides of the republic? Time-future days-fortune, whose caprice governs nations! True, these men merit all that can befall them; but do ye, Conscript Fathers, pause on the precedent which you establish against others? Never did bad example arise but from a good precedent-only when the reins of empire have fallen from wise hands into ignorant or wicked guidance, that good example is perverted from grand and worthy to base and unworthy ends. The men of Lacedemon, when they had conquered Athens, set thirty tyrants at the helm who should control the commonwealth. They at the first began to take off the guiltiest individuals, wretches hated by all, without form of trial. Thereat the people were rejoiced, and cried out that their deaths were just and merited. Ere long, when license had gained ground, they slew alike the virtuous and the guilty, and governed all by terror. Thus did that state, oppressed by slavery, rue bitterly its insane mirth. Within our memory, when victorious Sylla commanded Damasippus and his crew, who had grown up a blight to the republic, to be put to the sword's edge, who did not praise the deed? Who did not exclaim earnestly that men, factious and infamous, who had torn the republic by their tumults, were slain justly? And yet that deed was the commencement of great havoc. For, when one envied the city mansion or the country farm, nay, but the plate or garment of another, he strove with all his energy to have him on the lists of the proscription. Therefore, they who exulted at the death of Damasippus were themselves, ere long, dragged to execution; nor was there an end put to the ma.s.sacre, until Sylla had satiated all his men with plunder. These things, indeed, I fear not under Marcus Tullius, nor at this day; but in a mighty state there are many and diverse dispositions. It may be at another time, under another consul, who shall perhaps hold an army at his back, that the wrong shall be taken for the right. If it be so when-on this precedent, by this decree, of this Senate-that consul shall have drawn the sword, who will compel him to put it back into the scabbard, who moderate his execution? Our ancestors, O Conscript Fathers, never lacked either wisdom in design, or energy in action; nor did their pride restrain them from copying those inst.i.tutions of their neighbors, which they deemed good and wise. Their arms offensive and defensive they imitated from the Samnites-most of the ensigns of their magistracies they borrowed of the Tuscans. In a word, whatsoever they observed good and fitting, among their allies or their foes, they followed up with the greatest zeal at home. They chose to imitate, rather than envy, what was good. But in those days, after the fashion of the Greeks, they punished citizens with stripes; they took the lives of condemned criminals. As the republic grew in size, and party strife arose among its mult.i.tudinous citizens, innocent persons were taken off under the pretext of the law, and many wrongful deeds were committed with impunity. Then was the Porcian Law enacted, with others of like tenor, permitting convicts to depart into exile. This I esteem, O Conscript Fathers, the first great cause wherefore this novel penalty be not established as a precedent. The wisdom and the valor of our ancestors who from a small beginning created this vast empire, were greater far than we, who scarcely can retain what they won so n.o.bly. Would I have, therefore, you will ask, these men suffered to go at large, and so to augment the hosts of Catiline? Far from it. But I shall vote thus, that their property be confiscated, and they themselves detained in perpetual fetters, in those munic.i.p.alities of Italy which are the wealthiest and the strongest. That the Senate never again consider their case, or bring their cause before the people-and that whosoever shall speak for them, be p.r.o.nounced, of the Senate, an enemy to his country, and to the common good of all men."

This specious and artful oration, in which, while affecting to condemn what he dared not defend openly, he had more than insinuated a doubt of the legality of sentencing the traitors, was listened to by all present, with deep attention; and by the secret partizans of the conspiracy with joy and exultation. So sure did they esteem it that, in the teeth of this insidious argument, the Senate would not venture to inflict capital punishment on their friends, that they evinced their approbation by loud cheers; while many of the patrician party were shaken in their previous convictions; and many of those who perceived the fallacy of his sophistical reasoning, and detected his latent determination to screen the parricides of the state, felt the hazard and difficulty of proceeding as the exigencies of the case required.

Cicero's brow grew dark; as Sila.n.u.s avowed openly that he had altered his opinion, and should vote for the motion of Tiberius Nero, to defer judgment.

Then Cicero himself arose, and in the n.o.blest perhaps of all his orations, exerted himself strenuously to controvert the arguments and abolish the evil influence of the n.o.ble demagogue.

He did not, indeed, openly urge the death of the traitors; but he dwelt with tremendous force on the atrocious nature of the crimes, and on the consequence of their success. He showed the fallacy of Caesar's insinuation, that death was a less severe enactment than perpetual imprisonment. He pointed out the impossibility and injustice of compelling the munic.i.p.alities to take charge of the prisoners-the insecurity of those towns, as places of detention-the almost entire certainty, that the men would ere long be released, either by some popular tumult, or some party measure; and he concluded with a forcible and earnest peroration, appealing to the Senators, by their love of life, of their families, of their country, to take counsel worthily of themselves, and of their common mother; entreating them to decree firmly, and promising that he would execute their sentence, be it what it might, fearlessly.

As he sat down, the order was agitated like a sea in the tumultuous calm, which succeeds to the wrath and riot created by a succession of gales blowing from different quarters. Murmurs of approbation and encouragement were mixed with groans and loud evidences of displeasure.

The pa.s.sions of the great concourse were aroused thoroughly, and the debate waxed wild and stormy.

Senator arose after Senator, advocating some the death, some the banishment, and some, emboldened by Caesar's remarks, even proposing the enlargement of the conspirators.

At length, when all arguments appeared to be exhausted, and no hope left of anything like an unanimous decision being adopted, Marcus Portius Cato arose from his seat, stern, grave, composed, and awful from the severe integrity of his grand character.

The turbulent a.s.sembly was calm in a moment. All eyes were fixed on the harsh features of the stoic; all ears hung rivetted in expectation, on his deep guttural intonations, and short vigorous sentences. It was evident, almost ere he began to speak, that his opinion would sway the votes of the order.

"My mind is greatly different," he said, "Conscript Fathers, when I consider the perils of our case, and recall to my memory the speeches of some whom I have heard to-day. Those Senators, it seems to me, have descanted on the punishment of the men who have levied war against their country and their parents, against their healths and their altars. But the facts of the case require not punishment of their crimes, but defence from their a.s.saults.-Other crimes you may punish after their commission-unless you prevent this from being done, when it is done, vainly shall ye ask for judgment. The city stormed, nothing remains to the vanquished. Now, in the name of the immortal G.o.ds! I call upon you, _you_, who have always set more store on your mansions, your farms, your statues and your pictures, than on the interests of the state, if you desire to retain these things, be they what they may, to which you cling so lovingly, if you desire to give yourselves leisure for your luxuries, arouse yourselves, now or never, and take up the commonwealth! It is no question now of taxes! No question of plundering our allies! The lives, the liberties of every one of us, are hanging on your doubtful decision. Oftentimes, Conscript Fathers, have I spoken at length in this a.s.sembly. Oftentimes have I inveighed against the luxury and avarice of our citizens, and, therefore, have I many men my enemies. I, who have never pardoned my own soul even for any trivial error, could not readily excuse in others the l.u.s.ts which result in open criminality. But, although you neglected those crimes as matters of small moment, still the republic, by its stability and opulence, sustained the weight cast on it by your negligence. Now, however, we ask not whether we shall live, corrupt or virtuous; we ask not how we shall render Rome most great, and most magnificent; we ask this-whether we ourselves, and with ourselves all that we possess whatsoever, shall be yielded up to the enemy? Who here will speak to me of clemency and pity? Long, long ago have we cast away the true names of things; for now to be lavish of the goods of others is termed liberality; audacity in guilt is denominated valor. Into such extremity has the republic fallen. Let Senators, therefore, since such are their habitudes and morals, be liberal of the fortunes of our allies, be merciful to the pilferers of the treasury; but let them not be lavish in bestowing our blood upon them! Let them not, in pity for a few scoundrels, send all good citizens to perdition. Caius Caesar spoke a while since, eloquently and in set terms, in this house, concerning life and death; esteeming those things false, I presume, which are believed by most men of a future state that the wicked, I mean, journey on a different road from the righteous, and inhabit places aloof from them, dark, horrid, waste, and fearful.

"He hath declared his intent, therefore, to vote for the confiscation of their property; and the detention of themselves in the borough towns in close custody. Fearing, forsooth, that if they be kept in Rome, they may be rescued forcibly, either by the confederates in their plot, or by a hireling rabble. Just as if there were only rogues and villains in this city, and none throughout all Italy.-Just as if audacity cannot effect the greatest things there, where the means of defence are the smallest.

Wherefore his plan is absurd, if he fear peril from these men. And if he alone, in the midst of consternation so general, do not fear, the more need is there that you and I do fear them. Wherefore, when you vote on the fate of Publius Lentulus and the rest, hold this a.s.sured, that you are voting also on the fate of Catiline's army, on the fate of the whole conspiracy. With the more energy you act, the more will their courage fail them. If they shall see you falter but a little, all at once they will fall on fiercely. Be far from believing that our ancestors raised this republic from a small state to a great empire, by dint of arms alone. Had it been so, much greater should we have rendered it, who have much greater force than they, of citizens and of allies, of arms and of horses. But there were other things which made them great, which we lack altogether.

At home, industry, abroad justice! A mind free to take counsel, unbia.s.sed by crime or pa.s.sion. Instead of these things we possess luxury and avarice. Public need, private opulence. We praise wealth, and practice indolence. Between righteous and guilty we make no distinction. Ambition gains all the rewards of virtue. Nor is this strange, when separately every one of you takes counsel for himself alone. When at home, you are slaves to pleasure; here in the Senate house, to bribery or favor. Thence it arises that a general charge is made from all quarters against the helpless commonwealth.

"But this I will pa.s.s over.

"The n.o.blest of our citizens have conspired to put the torch to the republic. They have called to their aid, in open war, the Gallic nation most hostile to the name of Roman. The chief of your enemy is thundering above your very heads; and are you hesitating even now what you shall do with enemies taken within your very walls?-Oh! you had better pity them, I think-the poor young men have only erred a little, misled by ambition-you had better send them away in arms! I swear that, should they once take those arms, that clemency and mercifulness of yours will be changed into wo and wailing. Forsooth, it is a desperate crisis; and yet you fear it not. Yea, by the G.o.ds! but you do fear it vehemently. Yet, in your indolence and feebleness of mind, waiting the one upon the other, you hesitate, relying, I presume, on the protection of the Immortals, who have so many times preserved this republic in its greatest dangers. The aid of the G.o.ds is not gained by prayers or womanish supplication. To those who watch, who act, who take counsel, wisely, all things turn out successful.

Yield yourselves up to idleness and sloth, and in vain you shall implore the G.o.ds-they are irate and hostile.

"In the time of our forefathers, t.i.tus Manlius Torquatus during the Gallic war commanded his own son to be slain, because he had fought against orders; and that ill.u.s.trious youth suffered the penalty of his immoderate valor.-Do ye know this, and delay what ye shall decide against the cruellest parricides? Is it forsooth that the lives of these men are in their character repugnant to this guilt.-Oh! spare the dignity of Lentulus, if he have ever spared his own modesty, his own good report; if he have ever spared any man or any G.o.d! Oh! pardon the youth of Cethegus, if this be not the second time that he has waged war on his country. For wherefore should I speak of Gabinius, Statilius or Caeparius?-who if they ever felt any care for the republic, would never have taken these councils. To conclude, Conscript Fathers, if there were any s.p.a.ce for a mistake, I would leave you right willingly, by Hercules, to be corrected by facts, since you will not be warned by words! But we are hemmed in on all sides. Catiline with his army is at our very throats-others of our foes are within our walls in the bosom of the state. Nothing can be prepared, nor any counsel taken, so privately but they must know it.-Wherefore I shall vote thus, seeing that the republic is plunged into most fearful peril by the guilty plot of atrocious citizens, seeing that these men are convicted on the evidence of t.i.tus Volturcius, and of the amba.s.sadors of the Allobroges, and seeing that they have confessed the intent of murder, conflagration, and other foul and barbarous crimes, against their fellow citizens and native country-I shall vote, I say, that execution, according to the custom of our ancestors, be done upon them having thus confessed, as upon men manifestly convicted of capital treason."

The stern voice ceased. The bitter irony, which had stung so many souls to the quick, the cutting sarcasm, which had demolished Caesar's sophistry, the clear reasoning, which had so manifestly found the heart of the mystery, were silent. And, folding his narrow toga closely about him, the severe patriot resumed his seat, he alone unexcited and impa.s.sive.

But his words had done their work. The guilty were smitten into silence; even the daring eloquence and high heart of the ambitious Caesar, were subdued and mute.-The friends of their country were encouraged to shake off their apathy.

With one voice, unanimous, the consulars of Rome cried out for the question, applauding loudly the energy and fearlessness of Cato, and accusing one another of timidity and weakness.

A great majority of the Senate, likewise, exclaimed aloud that they required no more words, but were prepared to vote.

And convinced that the time had arrived for striking, Cicero put it to the vote, according to the regular form, requiring those who thought with Marcus Porcius Cato, to pa.s.s over to the right of the curule chair.

The question was not in doubt a moment; for above three-fourths of the whole body arose, as a single man, and pa.s.sed over to the right of the chair, and gathered about the seat of Cato; while very few joined themselves openly to Julius Caesar, who sat, somewhat crest-fallen and scarcely able to conceal his disappointment, immediately on the left of the consul.

Rallying, however, before the vote of the Senate had been taken, the factious n.o.ble sprang to his feet and loudly called upon the tribunes in general, and upon Lucius Bestia, in particular, a private friend of Catiline, and understood by all to be one of the conspirators, to interpose their VETO.

That was too much, however, even for tribunician daring. No answer was made from the benches of the popular magistrates, for once awed into patriotic silence.

But a low sneering laugh ran through the crowded ranks of the Patricians, and the vote was taken, now nearly unanimous; for many men disgusted by that last step, who had believed the measure to be unconst.i.tutional, pa.s.sed across openly from Caesar's side to that of Cato.

A decree of the Senate was framed forthwith, and committed to writing by the persons appointed, in presence of Marcus Porcius Cato and Decius Julius Sila.n.u.s, as authorities or witnesses of the act, empowering the consul to see execution done upon the guilty, where and when it should to him seem fitting.

Thus was it that Cicero and Cato for a while saved the commonwealth, and checked the future Dictator in his first efforts to subvert the liberties of Rome, happy for him and for his country if it had been his last.

CHAPTER XIV.

THE TULLIANUM.

To be, or not be, that is the question.

HAMLET.

Night was at hand.

The Roman Senate might not sit after the sun had set.

Although the Tribunes had failed, in the consternation of the moment, to respond to the call of Caesar, there was no doubt, that, if one night should intervene, those miscalled magistrates would check the course of justice.

Confined, apart one from the other, in free custody, the traitors had not failed to learn all that was pa.s.sing, almost ere it pa.s.sed.

Their hopes had been high, when the rabble were alert and thundering at the prison gates-nor when the charge of the knights had beaten back the mult.i.tude, did they despair; for simultaneously with those evil tidings, they learned the effect of Caesar's speech; and shortly afterward the news reached them that Cicero's reply had found few willing auditors.

Confined, apart one from the other, they had eaten and drunken, and their hearts were "jocund and sublime"; the eloquence of Caesar, the turbulence of the tribunes, were their predominant ideas. Confined, apart one from the other, one thought was common to them all,-immediate liberation, speedy vengeance.

And, in truth, immediate was the liberation; speedy the vengeance.