November, B.C. 63.] None of the promising young gentlemen took Cicero's advice. Catiline went alone and joined Manlius, and had he come on at once he might perhaps have taken Rome. The army was to support an insurrection, and the insurrection was to support the army. Catiline waited for a signal from his friends in the city, and Lentulus, Cethegus, Autronius, and the rest of the leaders waited for Catiline to arrive. Conspirators never think that they have taken precautions enough or have gained allies enough; and in endeavoring to secure fresh support they made a fatal mistake. An embassy of Allobroges was in the city, a frontier tribe on the borders of the Roman province in Gaul, who were allies of Rome, though not as yet subjects. The Gauls were the one foreign nation whom the Romans really feared. The passes of the Alps alone protected Italy from the hordes of German or Gallic barbarians, whose numbers being unknown were supposed to be exhaustless. Middle-aged men could still remember the panic at the invasion of the Cimbri and Teutons, and it was the chief pride of the democrats that the State had then been saved by their own Marius. At the critical moment it was discovered that the conspirators had entered into a correspondence with these Allobroges, and had actually proposed to them to make a fresh inroad over the Alps. The suspicion of such an intention at once alienated from Catiline the respectable part of the democratic party. The fact of the communication was betrayed to Cicero. He intercepted the letters; he produced them in the Senate with the seals unbroken, that no suspicion might rest upon himself. Lentulus and Cethegus were sent for, and could not deny their hands. The letters were then opened and read, and no shadow of uncertainty any longer remained that they had really designed to bring in an army of Gauls. Such of the conspirators as were known and were still within reach were instantly seized.
[Sidenote: December 5, B.C. 63.] Cicero, with a pardonable laudation of himself and of the Divine Providence of which he professed to regard himself as the minister, congratulated his country on its escape from so genuine a danger; and he then invited the Senate to say what was to be done with these apostates from their order, whose treason was now demonstrated. A plot for a mere change of government, for the deposition of the aristocrats and the return to power of the popular party, it might be impolitic, perhaps impossible, severely to punish; but Catiline and his friends had planned the betrayal of the State to the barbarians; and with persons who had committed themselves to national treason there was no occasion to hesitate. Cicero produced the list of those whom he considered guilty, and there were some among his friends who thought the opportunity might be used to get rid of dangerous enemies, after the fashion of Sylla, especially of Crassus and Caesar. The name of Crassus was first mentioned, some said by secret friends of Catiline, who hoped to alarm the Senate into inaction by showing with whom they would have to deal. Crassus, it is possible, knew more than he had told the consul. Catiline's success had, at one moment, seemed assured; and great capitalists are apt to insure against contingencies. But Cicero moved and carried a resolution that the charge against him was a wicked invention. The attempt against Caesar was more determined. Old Catulus, whom Caesar had defeated in the contest for the pontificate, and Caius Calpurnius Piso,[15] a bitter aristocrat, whom Caesar had prosecuted for misgovernment in Gaul, urged Cicero to include his name. But Cicero was too honorable to lend himself to an accusation which he knew to be false. Some of the young lords in their disappointment threatened Caesar at the senate-house door with their swords; but the attack missed its mark, and served only to show how dreaded Caesar already was, and how eager a desire there was to make an end of him.
The list submitted for judgment contained the names of none but those who were indisputably guilty. The Senate voted at once that they were traitors to the State. The next question was of the nature of their punishment. In the first place the persons of public officers were sacred, and Lentulus was at the time a praetor. And next the Sempronian law forbade distinctly that any Roman citizen should be put to death without a trial, and without the right of appeal to the assembly.[16] It did not mean simply that Roman citizens were not to be murdered, or that at any time it had been supposed that they might. The object was to restrain the extraordinary power claimed by the Senate of setting the laws aside on exceptional occasions. Silanus, the consul-elect for the following year, was, according to usage, asked to give his opinion first. He voted for immediate death. One after the other the voices were the same, till the turn came of Tiberius Nero, the great-grandfather of Nero the Emperor. Tiberius was against haste. He advised that the prisoners should be kept in confinement till Catiline was taken or killed, and that the whole affair should then be carefully investigated. Investigation was perhaps what many senators were most anxious to avoid. When Tiberius had done, Caesar rose. The speech which Sallust places in his mouth was not an imaginary sketch of what Sallust supposed him likely to have said, but the version generally received of what he actually did say, and the most important passages of it are certainly authentic. For the first time we see through the surface of Caesar's outward actions into his real mind. During the three quarters of a century which had passed since the death of the elder Gracchus one political murder had followed upon another. Every conspicuous democrat had been killed by the aristocrats in some convenient disturbance. No constitution could survive when the law was habitually set aside by violence; and disdaining the suspicion with which he knew that his words would be regarded, Caesar warned the Senate against another act of precipitate anger which would be unlawful in itself, unworthy of their dignity, and likely in the future to throw a doubt upon the guilt of the men upon whose fate they were deliberating. He did not extenuate, he rather emphasized, the criminality of Catiline and his confederates; but for that reason and because for the present no reasonable person felt the slightest uncertainty about it, he advised them to keep within the lines which the law had marked out for them. He spoke with respect of Silanus. He did not suppose him to be influenced by feelings of party animosity. Silanus had recommended the execution of the prisoners, either because he thought their lives incompatible with the safety of the State, or because no milder punishment seemed adequate to the enormity of their conduct. But the safety of the State, he said, with a compliment to Cicero, had been sufficiently provided for by the diligence of the consul. As to punishment, none could be too severe; but with that remarkable adherence to _fact_, which always distinguished Caesar, that repudiation of illusion and sincere utterance of his real belief, whatever that might be, he contended that death was not a punishment at all. Death was the end of human suffering. In the grave there was neither joy nor sorrow. When a man was dead he ceased to be.[17]He became as he had been before he was born. Probably almost every one in the Senate thought like Caesar on this subject. Cicero certainly did. The only difference was that plausible statesmen affected a respect for the popular superstition, and pretended to believe what they did not believe. Caesar spoke his convictions out. There was no longer any solemnity in an execution. It was merely the removal out of the way of troublesome persons; and convenient as such a method might be, it was of graver consequence that the Senate of Rome, the guardians of the law, should not set an example of violating the law. Illegality, Caesar told them, would be followed by greater illegalities. He reminded them how they had applauded Sylla, how they had rejoiced when they saw their political enemies summarily despatched; and yet the proscription, as they well knew, had been perverted to the license of avarice and private revenge. They might feel sure that no such consequence need be feared under their present consul: but times might change. The worst crimes which had been committed in Rome in the past century had risen out of the imitation of precedents, which at the moment seemed defensible. The laws had prescribed a definite punishment for treason. Those laws had been gravely considered; they had been enacted by the great men who had built up the Roman dominion, and were not to be set aside in impatient haste. Caesar therefore recommended that the estates of the conspirators should be confiscated, that they themselves should be kept in strict and solitary confinement dispersed in various places, and that a resolution should be passed forbidding an application for their pardon either to Senate or people.
The speech was weighty in substance and weightily delivered, and it produced its effect.[18] Silanus withdrew his opinion. Quintus Cicero, the consul's brother, followed, and a clear majority of the Senate went with them, till it came to the turn of a young man who in that year had taken his place in the house for the first time, who was destined to make a reputation which could be set in competition with that of the gods themselves, and whose moral opinion could be held superior to that of the gods.[19]
Marcus Porcius Cato was born in the year 95, and was thus five years younger than Caesar and eleven years younger than Cicero. He was the