As, however, according to the earlier practice, the proconsul or propraetor had the right of entering on his provincial magistracy immediately after the termination of his consulship or praetorship, the successor of Caesar was to be nominated, not from the urban magistrates of 704, but from those of 705, and could not therefore enter before 1st Jan. 706. So far Caesar had still during the last ten months of the year 705 a right to the command, not on the ground of the Pompeio-Licinian law, but on the ground of the old rule that a command with a set term still continued after the expiry of the term up to the arrival of the successor. But now, since the new regulation of 702 called to the governorships not the consuls and praetors going out, but those who had gone out five years ago or more, and thus prescribed an interval between the civil magistracy and the command instead of the previous immediate sequence, there was no longer any difficulty in straightway filling up from another quarter every legally vacant governorship, and so, in the case in question, bringing about for the Gallic provinces the change of command on the 1st March 705, instead of the 1st Jan. 706. The pitiful dissimulation and procrastinating artifice of Pompeius are after a remarkable manner mixed up, in these arrangements, with the wily formalism and the constitutional erudition of the republican party. Years before these weapons of state-law could be employed, they had them duly prepared, and put themselves in a condition on the one hand to compel Caesar to the resignation of his command from the day when the term secured to him by Pompeius' own law expired, that is from the 1st March 705, by sending successors to him, and on the other hand to be able to treat as null and void the votes tendered for him at the elections for 706. Caesar, not in a position to hinder these moves in the game, kept silence and left things to their own course.
Debates As To Caesar's Recall
Gradually therefore the slow course of constitutional procedure developed itself. According to custom the senate had to deliberate on the governorships of the year 705, so far as they went to former consuls, at the beginning of 703, so far as they went to former praetors, at the beginning of 704; that earlier deliberation gave the first occasion to discuss the nomination of new governors for the two Gauls in the senate, and thereby the first occasion for open collision between the constitutional party pushed forward by Pompeius and the senatorial supporters of Caesar. The consul Marcus Marcellus introduced a proposal to give the two provinces hitherto administered by the proconsul Gaius Caesar from the 1st March 705 to the two consulars who were to be provided with governorships for that year. The long-repressed indignation burst forth in a torrent through the sluice once opened; everything that the Catonians were meditating against Caesar was brought forward in these discussions. For them it was a settled point, that the right granted by exceptional law to the proconsul Caesar of announcing his candidature for the consulship in absence had been again cancelled by a subsequent decree of the people, and that the reservation inserted in the latter was invalid. The senate should in their opinion cause this magistrate, now that the subjugation of Gaul was ended, to discharge immediately the soldiers who had served out their time. The cases in which Caesar had bestowed burgess-rights and established colonies in Upper Italy were described by them as unconstitutional and null; in further illustration of which Marcellus ordained that a respected senator of the Caesarian colony of Comum, who, even if that place had not burgess but only Latin rights, was entitled to lay claim to Roman citizenship,(17) should receive the punishment of scourging, which was admissible only in the case of non-burgesses.
The supporters of Caesar at this time--among whom Gaius Vibius Pansa, who was the son of a man proscribed by Sulla but yet had entered on a political career, formerly an officer in Caesar's army and in this year tribune of the people, was the most notable-- affirmed in the senate that both the state of things in Gaul and equity demanded not only that Caesar should not be recalled before the time, but that he should be allowed to retain the command along with the consulship; and they pointed beyond doubt to the facts, that a few years previously Pompeius had just in the same way combined the Spanish governorships with the consulate, that even at the present time, besides the important office of superintending the supply of food to the capital, he held the supreme command in Italy in addition to the Spanish, and that in fact the whole men capable of arms had been sworn in by him and had not yet been released from their oath.
The process began to take shape, but its course was not on that account more rapid. The majority of the senate, seeing the breach approaching, allowed no sitting capable of issuing a decree to take place for months; and other months in their turn were lost over the solemn procrastination of Pompeius. At length the latter broke the silence and ranged himself, in a reserved and vacillating fashion as usual but yet plainly enough, on the side of the constitutional party against his former ally. He summarily and abruptly rejected the demand of the Caesarians that their master should be allowed to conjoin the consulship and the proconsulship; this demand, he added with blunt coarseness, seemed to him no better than if a son should offer to flog his father. He approved in principle the proposal of Marcellus, in so far as he too declared that he would not allow Caesar directly to attach the consulship to the pro-consulship. He hinted, however, although without making any binding declaration on the point, that they would perhaps grant to Caesar admission to the elections for 706 without requiring his personal announcement, as well as the continuance of his governorship at the utmost to the 13th Nov.