Just as observant Romans recognized the case for land reform, they also saw that something would have to be done to quiet the allied communities and compensate them for their economic losses. One of these was Scipio Aemilianus, to whom allied landowners made representations. They objected to having a Roman commission interfere with their local property rights, and Scipio arranged for their cases to be considered by the consul; that official, however, knew what a thankless task he had been given and immediately went abroad to his province.
Scipio had already caused offense by his opposition to Tiberius Gracchus, and his sympathy for the allies only compounded his unpopularity with the urban mob, which saw no reason to make concessions to “foreigners.” His political enemies claimed that he was set on undoing Tiberius’s agrarian law and was plotting an armed massacre. With the city in this ill-tempered mood, few were surprised when, in 129, Scipio was found dead, his body unmarked. Intending to write a speech that night which he was due to deliver at a meeting of the Assembly, he had a notebook beside him.
The rumor mill got to work. Perhaps Cornelia, the mother of the Gracchi (as she now certainly was known), had killed Scipio to prevent a repeal of her son’s legislation. Very probably, word went, her daughter Sempronia had aided and abetted her; she was Scipio’s wife, but unloved because of her ugliness and her childlessness. Others claimed that Scipio had committed suicide in the realization that he could not accomplish what he had undertaken to do. Apparently, Scipio’s slaves were put to the torture (this was the rule when a paterfamilias was murdered). They confessed, it was said, that strangers had been brought into the back of the house and had strangled their master.
Scipio may have been murdered, but if the reports of how he was found and the appearance of his body are correct, it is more likely that he succumbed to a heart attack or a stroke. In any case, he was dead, and despite the distinction of his career public opinion would not allow him the honor of a state funeral.
FOR SOME YEARS after his brother’s killing, Gaius had stayed away from the Forum and the alarms of public life. But he disliked having nothing to do and was uninterested in the sexual promiscuity, drinking, and moneymaking practiced by many of his peers. He enjoyed army life but lost his temper when his commission as quaestor in Sardinia was unfairly extended. He sailed away to Rome in a rage. Charged with dereliction of duty, he easily cleared himself with a powerful speech in his defense. He had already served longer than the law required, he pointed out, and added, “I am the only man in the army who entered the campaign with a full purse, and left it with an empty one. My colleagues brought amphorae of wine with them which they drank on service, and then took back home with them, stuffed with silver and gold.”
Supporters of reform kept prompting him to stand for tribune, and conservative senators let it be seen how much they feared that he would. Tiberius was said to have appeared to Gaius in a dream and said, “However much you try to defer your destiny, you must die the same death that I suffered.” His mother was no ghost, and expressed her disapproval. A letter of hers has survived in which she tells her son, “Apart from those who killed Tiberius Gracchus, no enemy has caused me so many troubles and so many labors as you. As my only surviving son, you should have taken trouble and care that I should have the fewest anxieties in my old age.”
Gaius refused Cornelia’s pleas and bowed to the inevitable. He was elected tribune in 123.
In a sign that times were slowly changing, he had no trouble getting reelected for a second year and he introduced a far-reaching catalog of reforms. First of all, he appeased his brother’s spirit by introducing two new laws. The first banned anyone who had been deposed from public office from serving again in any capacity. This was obviously aimed at Octavius, but, according to Plutarch, Cornelia made representations and persuaded her son to withdraw it. This magnanimous gesture delighted public opinion.
Second, a bill was passed forbidding any capital trials without the Assembly’s approval. Anyone found to have deprived a citizen of his civic rights through execution or exile, as if he were an enemy of the state, was to be arraigned before the People. The prohibitions were retrospective, and the former consul who chaired the commission that persecuted Tiberius’s followers in 132 was driven into exile. It was not simply that revenge was sweet; reactionary senators needed to be reminded of the dangers they faced if they ignored the will of the People.
Gaius reaffirmed Tiberius’s land act but exempted some ager publicus from redistribution, perhaps so that it could be leased to non-Romans. He also announced the foundation of three coloniae in Italy and one in northern Africa, on the desolate site of Carthage. This last was to be named Junonia, or Juno’s Place (a tactful nod in the direction of the goddess?). It was a controversial project to countermand the recently dead Aemilianus’s curse and, in the event, the sheep pastures of Carthage were left undisturbed. Plans were commissioned for the building of new roads across Italy. All these measures would have the effect of alleviating unemployment.
The burgeoning city of Rome required reliable and copious supplies of grain, imported from Africa and Sicily. When harvests failed, famine followed. Food riots imperiled government. Gaius arranged permanent stockpiles of grain as an insurance policy against shortages and set a bargain price for its sale to citizens.
The tribune turned his attention to corruption in public life. He passed laws against fraud and theft by governors of provinces, and a special extortion court, quaestio de repetundis, heard cases in front of a jury of senators. The conviction rate was low, because the jurors were often friends of the defendants. Gaius decided to put this right by asking equites, originally Rome’s cavalry but now men possessing the next property qualification beneath that of senators, to share jury service. Then, on second thought, senators were barred altogether from serving on juries, which now consisted entirely of equites.
This was not all that Gaius did to the advantage of equites. The class had grown in economic importance in recent years. Some were country landowners uninterested in entering national politics, but a growing number were prosperous businessmen. The Republic had little in the way of a civil service, and indirect revenue collection (customs dues and the like) was contracted out to companies, or societates of equites; they also won commissions for public works, the construction of public buildings and roads, and the provision of military supplies. Of course, senators were not allowed to engage directly in trade, but provincial governors, proconsuls, and propraetors were responsible for the collection of direct taxes, a profitable opportunity for the practise of extortion. However, to ensure an adequate inflow to pay for his reforms, the tribune put the collection of direct taxes in the wealthy new province of Asia up for auction. This was a plum concession for commercial interests, as well as a vote of no confidence in senatorial probity.
These measures all served immediate, sometimes urgent purposes, but in the longer run Gaius probably intended to encourage the growth of a wealthy nonpolitical class as a counterweight to the aristocracy in the Senate, and if that was not his intention it was certainly the result.
Other constitutional and administrative changes were made. As ever, honesty and efficiency were the watchwords. Gaius had a larger and more all-embracing vision than his brother. His reforms were a comprehensive political program. In fact, when he was out and about in the Forum it was as if he were a government; Plutarch reports him as being “closely attended by a throng of contractors, technicians, ambassadors, officials, soldiers and literary men.” Although nowhere did he say this, it is clear that he was aiming to rebalance the constitution in the direction of popular sovereignty.