Caesar.—If all the difference between my ambition and Pompey’s was only, as you represent it, in a greater or less respect for the forms of the constitution, I think it was hardly becoming such a patriot as Cato to take part in our quarrel, much less to kill himself rather than yield to my power.
Scipio.—It is easier to revive the spirit of liberty in a government where the forms of it remain unchanged, than where they have been totally disregarded and abolished. But I readily own that the balance of the Roman constitution had been destroyed by the excessive and illegal authority which the people were induced to confer upon Pompey, before any extraordinary honours or commands had been demanded by you. And that is, I think, your best excuse.
Caesar.—Yes, surely. The favourers of the Manilian law had an ill grace in desiring to limit the commissions I obtained from the people, according to the rigour of certain absolute republican laws, no more regarded in my time than the Sybilline oracles or the pious institutions of Numa.
Scipio.—It was the misfortune of your time that they were not regarded. A virtuous man would not take from a deluded people such favours as they ought not to bestow. I have a right to say this because I chid the Roman people, when, overheated by gratitude for the services I had done them, they desired to make me perpetual consul and dictator. Hear this, and blush. What I refused to accept, you snatched by force.
Caesar.—Tiberius Gracchus reproached you with the inconsistency of your conduct, when, after refusing these offers, you so little respected the tribunitian authority. But thus it must happen. We are naturally fond of the idea of liberty till we come to suffer by it, or find it an impediment to some predominant passion; and then we wish to control it, as you did most despotically, by refusing to submit to the justice of the State.
Scipio.—I have answered before to that charge. Tiberius Gracchus himself, though my personal enemy, thought it became him to stop the proceedings against me, not for my sake, but for the honour of my country, whose dignity suffered with mine. Nevertheless I acknowledge my conduct in that business was not absolutely blameless. The generous pride of virtue was too strong in my mind. It made me forget I was creating a dangerous precedent in declining to plead to a legal accusation brought against me by a magistrate invested with the majesty of the whole Roman people. It made me unjustly accuse my country of ingratitude when she had shown herself grateful, even beyond the true bounds of policy and justice, by not inflicting upon me any penalty for so irregular a proceeding. But, at the same time, what a proof did I give of moderation and respect for her liberty, when my utmost resentment could impel me to nothing more violent than a voluntary retreat and quiet banishment of myself from the city of Rome! Scipio Africanus offended, and living a private man in a country-house at Liternum, was an example of more use to secure the equality of the Roman commonwealth than all the power of its tribunes.