Page:Roman Constitutional History, 753-44 B.C..djvu/272

258 Finally through Curio, he caused his ultimatum to be read in the senate on January 1. He demanded as a right the privilege of running for the consulship while proconsul, and he declared his willingness to resign at the same time as Pompeius; in any other case he would be compelled to vindicate his rights. The fact that Curio was accompanied by one of Caesar's officers made the threat of war plain enough.

The Senate Declares Martial Law. — Nevertheless, the resolute attitude of the new consuls, and the announcement that Pompeius was ready to help now or never, influenced the weak and timid majority, and against two votes the senate decreed that Caesar should be declared a public enemy unless he resigned before a certain day, perhaps July 1, 49. The tribunes Mark Antony and Q. Cassius Longinus, who were the agents of Caesar, interceded and legally annulled the decree. Discussion with these tribunes led to no results, and the senate therefore on January 7 declared martial law (by the senatus consultum ultimum), and authorized the consuls, the praetors, the proconsuls outside the city, and the loyal tribunes in case of necessity to use force against the interceding tribunes. Thereupon Antony and Cassius fled to Caesar at Ravenna, and presumably entreated him to protect their tribunician rights.

Legal and Moral Aspects of the Situation. — As proconsul Caesar had simply the right to petition the senate, but not to make demands and impose conditions. The senate had full legal authority to supersede him on March 1, 49, and it had the power to arm and protect itself against him, and was in duty bound to do so. Morally its position was weakened by the circumstance that it had granted Pompeius what it denied Caesar — in spite of the fact that the former originally obtained his governorship by the aid of the latter.

On the other hand, Caesar had now a yery serviceable