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They all emerged from the Sullan restoration with materially diminished rights, more especially the tribunician office, which appeared to the regent an instrument indispensable doubtless for senatorial government, but yet as generated by revolution and having a constant tendency to generate fresh revolutions in its turn requiring to be rigorously and permanently shackled.
To answer that question in the affirmative was to admit that the tribunician power was dead; to answer it in the negative was to invite the retort that the auxilium was only one form of the intercessio. The quick-witted southern crowd must have seen the difficulty at once, and Tiberius himself, usually so ready and bold in speech, could not face the dilemma.
The tribunician authority had arisen out of the right to annul the official acts of the magistrates by veto, and, eventually, to fine any one who should oppose that right and to take steps for his farther punishment; this was still left to the tribunes, excepting that a heavy fine, destroying as a rule a man's civil existence, was imposed on the abuse of the right of intercession.
This Trophy is erected by the Senate and People of Rome to the Emperor Caesar Augustus, son of the divine Julius, in the fourteenth year of his imperial Dignity, and in the eighteenth of his Tribunician Power, because under his command and auspices all the nations of the Alps from the Adriatic to the Tuscanian Sea, were reduced under the Dominion of Rome.
The dispute regarding the tribunician magistracy was opened as early as 678, immediately after the defeat of Lepidus, by the tribune of the people Lucius Sicinius, perhaps a descendant of the man of the same name who had first filled this office more than four hundred years before; but it failed before the resistance offered to it by the active consul Gaius Curio.
Then indeed the commons became enraged more at the inactivity of the tribunes than at the authority of the consuls: they declared there was an end of their liberty: that things had returned to their old condition: that the tribunician power had died along with Genucius and was buried with him; that other means must be devised and adopted, by which the patricians might be resisted: and that the only means to that end was for the people to defend themselves, since they had no other help: that four-and-twenty lictors waited on the consuls, and they men of the common people: that nothing could be more despicable, or weaker, if only there were persons to despise them; that each person magnified those things and made them objects of terror to himself.
The fortunes of the richer classes seemed now to be entrusted to one man, who combined in his own person the tribunician power and the imperium, whose jurisdiction must have seriously infringed that of the regular courts, and who was assisted in issuing his probably inappellable decrees by a father-in-law and a younger brother.
In particular, Marcius Coriolanus, an enemy to tribunician power, said: "If they desire corn at its old price, let them restore to the senators their former rights. Why do I, like a captive sent under the yoke, as if I had been ransomed from robbers, behold plebeian magistrates, and Sicinius invested with power? Am I to submit to these indignities longer than is necessary?
But in his family he could rely only upon his son Drusus, who had now become a serious and trustworthy man, and in the year 22 A.D. he asked the senate that it concede to his son the tribunician power; that is, that they make him his colleague.
It was revolution against the spirit of the constitution, when Gracchus submitted the domain question to the people; and revolution also against the letter, when he destroyed not only for the moment but for all time coming the tribunician veto the corrective of the state machine, through which the senate constitutionally got rid of interferences with its government by the deposition of his colleague, which he justified with unworthy sophistry.
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