CHAPTER XIII.

THE DOOM.

Without debatement further, more or less,

He should the bearers put to sudden death,

Not striving time allowed.

HAMLET.

The nones(11) of November were perilous indeed to Rome.

The conspirators, arrested two days previously, and fully convicted on the

evidence of the Gaulish ambassadors, of Titus Volturcius of Crotona, and

of Lucius Tarquinius,—convicted on the evidence of their own letters—and

lastly convicted by their own admissions, were yet uncondemned and in free

custody, as it was termed; under the charge of certain senators and

magistrates, whose zeal for the republic was undoubted.

There was still in the city a considerable mass of men, turbulent,

disaffected, ripe for tumult—there was still in the Senate a large party,

not indeed favorable to the plot, but far from being unfavorable to the

plotters,—Catiline was at the head of a power which had increased already

to nearly the force of two legions, and was in full march upon Rome.

Should the least check of the armies sent against him occur under such

circumstances, there was but little doubt that an eruption of the

Gladiators, and a servile insurrection, would liberate the traitors, and

perhaps even crown their frantic rashness with success.

Such was the state of things, on the morning of the nones; and the brow of

the great Consul was dark, and his heart heavy, as he entered the Senate,

convened on this occasion in the temple of Jupiter Stator, in order to

take the voice of that body on the fate of Lentulus and the rest.

But scarcely had he taken his seat, before a messenger was introduced,

breathless and pale, the herald of present insurrection.

The freedmen and clients of Lentulus were in arms; the gladiators and the

slaves of Cethegus were up already, and hurrying through the streets

toward the house of Quintus Cornificius, wherein their master was

confined.

Many slaves of other houses, and no small number of disaffected citizens

had joined them; and the watches were well nigh overpowered.

Ere long the roar of the mob might be heard even within those hallowed

precincts, booming up from the narrow streets about the Forum, like the

distant sound of a heavy surf.

Another, and another messenger followed the first in quick succession—one

manipule of soldiers had been overpowered, and driven into some houses

where they defended themselves, though hard set, with their missiles—the

multitude was thundering at the gates of the City Prisons; and, if not

quelled immediately, would shortly swell their numbers by the accession of

all the desperate criminals, convicted slaves, and reckless debtors, who

were crowded together in those abodes of guilt and wretchedness.

Then was it seen, when the howls of the rabble were echoing through the

arches of the sanctuary wherein they sate; when massacre and conflagration

were imminent, and close at hand; then was it seen, how much of real

majesty and power resided still in the Roman Senate.

Firm, as when Hannibal was thundering at their gates, solemn as when the

Gaul was ravaging their city, they sat, and debated, grave, fearless, and

unmoved.

Orders were issued to concentrate forces upon the spot where the tumult

was raging; the knights, who were collected under arms, in the whole force

of their order, without the gates of the Temple as a guard to the Senate,

were informed that the Fathers were sufficiently defended by their own

sanctity; and were requested to march down upon the forum, and disperse

the rioters.

The heavy tramp of their solid march instantly succeeded the transmission

of the order; and, in a short time after, the deep swell of their charging

shout rose high above the discordant clamors of the mob, from the hollow

of the Velabrum.

Still, not a Senator left his seat, or changed countenance; although it

might be seen, by the fiery glances and clinched hands of some among the

younger nobles, that they would have gladly joined the knights, in

charging their hereditary enemies, the Democratic rabble.

The question which was then debating was of more weight, however, than any

triumph over the mob; for by the decision of that question it was to be

determined whether the traitors and the treason should be crushed

simultaneously and forever, or whether Rome itself should be abandoned to

the pleasure of the rebels.

That question was the life or death of Lentulus, Cethegus, Gabinius,

Statilius, and Cæparius; all of whom were in separate custody, the last

having been brought in on the previous evening, arrested on his way to the

camp of Catiline and Manlius.

Should the Senate decree their death, the commonwealth might be deemed

safe—should it absolve them, by that weakness, the republic must be lost.

And on the turn of a die did that question seem to hang.

Decius Junius Silanus, 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 Cassius,

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 Cæsar, 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, impassioned, 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 unbiassed in opinion by hate or friendship,

clemency or anger. When passions 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

passion governs it, passion 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 passion, 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 institutions.

"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 massacre and misery—But, in the name of

the immortal Gods! 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 pass their lives in obscurity, escape the censure of the

world, if they err on occasion under the influences of passion. 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 passion. That which is styled wrath

in the lowly-born, becomes tyranny and cruel pride in the high and noble.

"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 Silanus, 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 institutions. Now it is clear, Silanus, 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 assembled under arms! concerning the punishment of these men we

must speak, however, as the circumstances 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 Gods! 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 massacre, 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 institutions

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

multitudinous 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 nobly. 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 municipalities 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 pronounced, 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 Silanus 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 noblest perhaps of all his orations,

exerted himself strenuously to controvert the arguments and abolish the

evil influence of the noble 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 Cæsar’s

insinuation, that death was a less severe enactment than perpetual

imprisonment. He pointed out the impossibility and injustice of compelling

the municipalities 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 passions 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 Cæsar’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 assembly 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 assaults.—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 Gods! 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 assembly. 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 lusts 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 Cæsar 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 assured, 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, unbiassed

by crime or passion. 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 pass over.

"The noblest 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 Gods! 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 Gods 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 Gods—they are irate and hostile.

"In the time of our forefathers, Titus Manlius Torquatus during the Gallic

war commanded his own son to be slain, because he had fought against

orders; and that illustrious 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 God! 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 Cæparius?—who if they

ever felt any care for the republic, would never have taken these

councils. To conclude, Conscript Fathers, if there were any space 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 Titus Volturcius, and of the

ambassadors 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 Cæsar’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 impassive.

But his words had done their work. The guilty were smitten into silence;

even the daring eloquence and high heart of the ambitious Cæsar, 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 pass 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 passed over to the right of the

chair, and gathered about the seat of Cato; while very few joined

themselves openly to Julius Cæsar, 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 noble 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 unconstitutional,

passed across openly from Cæsar’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 Silanus, 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.

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