The coalition between Pompeius and the constitutional party was thus formally declared; sentence too was already evidently passed on Caesar, and the term of its promulgation was simply postponed. The elections for the following year proved thoroughly adverse to him.

During these party manoeuvres of his antagonists preparatory to war, Caesar had succeeded in getting rid of the Gallic insurrection and restoring the state of peace in the whole subject territory.

As early as the summer of 703, under the convenient pretext of defending the frontier[19] but evidently in token of the fact that the legions in Gaul were now beginning to be no longer needed there, he moved one of them to North Italy. He could not avoid perceiving now at any rate, if not earlier, that he would not be spared the necessity of drawing the sword against his fellow-citizens; nevertheless, as it was highly desirable to leave the legions still for a time in the barely pacified Gaul, he sought even yet to procrastinate, and, well acquainted with the extreme love of peace in the majority of the senate, did not abandon the hope of still restraining them from the declaration of war in spite of the pressure exercised over them by Pompeius.

He did not even hesitate to make great sacrifices, if only he might avoid for the present open variance with the supreme governing board. When the senate (in the spring of 704) at the suggestion of Pompeius requested both him and Caesar to furnish each a legion for the impending Parthian war[20] and when agreeably to this resolution Pompeius demanded back from Caesar the legion lent to him some years before, so as to send it to Syria, Caesar complied with the double demand, because neither the opportuneness of this decree of the senate nor the justice of the demand of Pompeius could in themselves be disputed, and the keeping within the bounds of the law and of formal loyalty was of more consequence to Caesar than a few thousand soldiers. The two legions came without delay and placed themselves at the disposal of the government, but instead of sending them to the Euphrates, the latter kept them at Capua in readiness for Pompeius; and the public had once more the opportunity of comparing the manifest endeavours of Caesar to avoid a rupture with the perfidious preparation for war by his opponents.

For the discussions with the senate Caesar had succeeded in purchasing not only one of the two consuls of the year, Lucius Aemilius Paullus, but above all the tribune of the people Gaius Curio, probably the most eminent among the many profligate men of parts in this epoch[21]; unsurpassed in refined elegance, in fluent and clever oratory, in dexterity of intrigue, and in that energy which in the case of vigorous but vicious characters bestirs itself only the more powerfully amid the pauses of idleness; but also unsurpassed in his dissolute life, in his talent for borrowing - his debts were estimated at 60,000,000 sesterces (600,000 pounds) - and in his moral and political want of principle. He had previously offered himself to be bought by Caesar and had been rejected; the talent, which he thenceforward displayed in his attacks on Caesar, induced the latter subsequently to buy him up - the price was high, but the commodity was worth the money.

Curio had in the first months of his tribunate of the people played the independent republican, and had as such thundered both against Caesar and against Pompeius. He availed himself with rare skill of the apparently impartial position which this gave him, when in March 704 the proposal as to the filling up of the Gallic governorships for the next year came up afresh for discussion in the senate; he completely approved the decree, but asked that it should be at the same time extended to Pompeius and his extraordinary commands. His arguments - that a constitutional state of things could only be brought about by the removal of all exceptional positions, that Pompeius as merely entrusted by the senate with the proconsulship could still less than Caesar refuse obedience to it, that the one-sided removal of one of the two generals would only increase the danger to the constitution - carried complete conviction to superficial politicians and to the public at large; and the declaration of Curio, that he intended to prevent any onesided proceedings against Caesar by the veto constitutionally belonging to him, met with much approval in and out of the senate.

Caesar declared his consent at once to Curio's proposal and offered to resign his governorship and command at any moment on the summons of the senate, provided Pompeius would do the same; he might safely do so, for Pompeius without his Italo-Spanish command was no longer formidable. Pompeius again for that very reason could not avoid refusing; his reply - that Caesar must first resign, and that he meant speedily to follow the example thus set - was the less satisfactory, that he did not even specify a definite term for his retirement. Again the decision was delayed for months; Pompeius and the Catonians, perceiving the dubious humour of the majority of the senate, did not venture to bring Curio's proposal to a vote. Caesar employed the summer in establishing the state of peace in the regions which he had conquered, in holding a great review of his troops on the Scheldt, and in making a triumphal march through the province of North Italy, which was entirely devoted to him; autumn found him in Ravenna, the southern frontier-town of his province.

The vote which could no longer be delayed on Curio's proposal at length took place, and exhibited the defeat of the party of Pompeius and Cato in all its extent. By 370 votes against 20 the senate resolved that the proconsuls of Spain and Gaul should both be called upon to resign their offices; and with boundless joy the good burgesses of Rome heard the glad news of the saving achievement of Curio. Pompeius was thus recalled by the senate no less than Caesar, and while Caesar was ready to comply with the command, Pompeius positively refused obedience. The presiding consul Gaius Marcellus, cousin of Marcus Marcellus and like the latter belonging to the Catonian party, addressed a severe lecture to the servile majority; and it was, no doubt, vexatious to be thus beaten in their own camp and beaten by means of a phalanx of poltroons. But where was victory to come from under a leader, who, instead of shortly and distinctly dictating his orders to the senators, resorted in his old days a second time to the instructions of a professor of rhetoric, that with eloquence polished up afresh he might encounter the youthful vigour and brilliant talents of Curio?

The coalition, defeated in the senate, was in the most painful position. The Catonian section had undertaken to push matters to a rupture and to carry the senate along with them, and now saw their vessel stranded after a most vexatious manner on the sandbanks of the indolent majority. Their leaders had to listen in their conferences to the bitterest reproaches from Pompeius; he pointed out emphatically and with entire justice the dangers of the seeming peace; and, though it depended on himself alone to cut the knot by rapid action, his allies knew very well that they could never expect this from him, and that it was for them, as they had promised, to bring matters to a crisis. After the champions of the constitution and of senatorial government had already declared the constitutional rights of the burgesses and of the tribunes of the people to be meaningless formalities[22], they now found themselves driven by necessity to treat the constitutional decision; of the senate itself in a similar manner and, as the legitimate government would not let itself be saved with its own consent, to save it against its will. This was neither new nor accidental; Sulla[23] and Lucullus[24] had been obliged to carry every energetic resolution conceived by them in the true interest of the government with a high hand irrespective of it, just as Cato and his friends now proposed to do; the machinery of the constitution was in fact utterly effete, and the senate was now - as the comitia had been for centuries - nothing but a worn-out wheel slipping constantly out of its track.