Lastly, it is not to be forgotten, that the aristocracy was just then intoxicated by its recent victory and the democracy deeply humbled, and that the aristocracy was led by the pedantically stiff and half-witless Cato, and the democracy by the supple master of intrigue, Caesar.
Rupture Between Pompeius And The Aristocracy
Such was the state of parties amidst which the emissary sent by Pompeius appeared. The aristocracy not only regarded the proposals which he announced in favour of Pompeius as a declaration of war against the existing constitution, but treated them openly as such, and took not the slightest pains to conceal their alarm and their indignation. With the express design of combating these proposals, Marcus Cato had himself elected as tribune of the people along with Nepos, and abruptly repelled the repeated attempts of Pompeius to approach him personally. Nepos naturally after this found himself under no inducement to spare the aristocracy, but attached himself the more readily to the democrats, when these, pliant as ever, submitted to what was inevitable and chose freely to concede the office of general in Italy as well as the consulate rather than let the concession be wrung from them by force of arms. The cordial understanding soon showed itself. Nepos publicly accepted (Dec. 691) the democratic view of the executions recently decreed by the majority of the senate, as unconstitutional judicial murders; and that his lord and master looked on them in no other light, was shown by his significant silence respecting the voluminous vindication of them which Cicero had sent to him. On the other hand, the first act with which Caesar began his praetorship was to call Quintus Catulus to account for the moneys alleged to have been embezzled by him at the rebuilding of the Capitoline temple, and to transfer the completion of the temple to Pompeius. This was a masterstroke. Catulus had already been building at the temple for fifteen years, and seemed very much disposed to die as he had lived superintendent of the Capitoline buildings; an attack on this abuse of a public commission--an abuse covered only by the reputation of the noble commissioner--was in reality entirely justified and in a high degree popular. But when the prospect was simultaneously opened up to Pompeius of being allowed to delete the name of Catulus and engrave his own on this proudest spot of the first city of the globe, there was offered to him the very thing which most of all delighted him and did no harm to the democracy--abundant but empty honour; while at the same time the aristocracy, which could not possibly allow its best man to fall, was brought into the most disagreeable collision with Pompeius.
Meanwhile Nepos had brought his proposals concerning Pompeius before the burgesses. On the day of voting Cato and his friend and colleague, Quintus Minucius, interposed their veto. When Nepos did not regard this and continued the reading out, a formal conflict took place; Cato and Minucius threw themselves on their colleague and forced him to stop; an armed band liberated him, and drove the aristocratic section from the Forum; but Cato and Minucius returned, now supported likewise by armed bands, and ultimately maintained the field of battle for the government. Encouraged by this victory of their bands over those of their antagonist, the senate suspended the tribune Nepos as well as the praetor Caesar, who had vigorously supported him in the bringing in of the law, from their offices; their deposition, which was proposed in the senate, was prevented by Cato, more, doubtless, because it was unconstitutional than because it was injudicious. Caesar did not regard the decree, and continued his official functions till the senate used violence against him. As soon as this was known, the multitude appeared before his house and placed itself at his disposal; it was to depend solely on him whether the struggle in the streets should begin, or whether at least the proposals made by Metellus should now be resumed and the military command in Italy desired by Pompeius should be procured for him; but this was not in Caesar's interest, and so he induced the crowds to disperse, whereupon the senate recalled the penalty decreed against him. Nepos himself had, immediately after his suspension, left the city and embarked for Asia, in order to report to Pompeius the result of his mission.
Retirement Of Pompeius
Pompeius had every reason to be content with the turn which things had taken. The way to the throne now lay necessarily through civil war; and he owed it to Cato's incorrigible perversity that he could begin this war with good reason. After the illegal condemnation of the adherents of Catilina, after the unparalleled acts of violence against the tribune of the people Metellus, Pompeius might wage war at once as defender of the two palladia of Roman public freedom-- the right of appeal and the inviolability of the tribunate of the people--against the aristocracy, and as champion of the party of order against the Catilinarian band. It seemed almost impossible that Pompeius should neglect this opportunity and with his eyes open put himself a second time into the painful position, in which the dismissal of his army in 684 had placed him, and from which only the Gabinian law had released him. But near as seemed the opportunity of placing the white chaplet around his brow, and much as his own soul longed after it, when the question of action presented itself, his heart and his hand once more failed him. This man, altogether ordinary in every respect excepting only his pretensions, would doubtless gladly have placed himself beyond the law, if only he could have done so without forsaking legal ground. His very lingering in Asia betrayed a misgiving of this sort. He might, had he wished, have very well arrived in January 692 with his fleet and army at the port of Brundisium, and have received Nepos there. His tarrying the whole winter of 691-692 in Asia had proximately the injurious consequence, that the aristocracy, which of course accelerated the campaign against Catilina as it best could, had meanwhile got rid of his bands, and had thus set aside the most feasible pretext for keeping together the Asiatic legions in Italy.