At all events by this process the two palladia of Roman freedom, the right of the citizens to appeal and the inviolability of the tribunes of the people, were once more established as practical rights, and the legal basis on which the democracy rested was adjusted afresh.

The democratic reaction manifested still greater vehemence in all personal questions, wherever it could and dared. Prudence indeed enjoined it not to urge the restoration of the estates confiscated by Sulla to their former owners, that it might not quarrel with its own allies and at the same time fall into a conflict with material interests, for which a policy with a set purpose is rarelya match; the recall of the emigrants was too closely connected with this question of property not to appear quite as unadvisable. On the other hand great exertions were made to restore to the children of the proscribed the political rights withdrawn from them (691), and the heads of the senatorial party were incessantly subjected to personal attacks. Thus Gaius Memmius set on foot a process aimed at Marcus Lucullus in 688. Thus they allowed his more famous brother to wait for three years before the gates of the capital for his well-deserved triumph (688-691). Quintus Rex and the conqueror of Crete Quintus Metellus were similarly insulted.

It produced a still greater sensation, when the young leader of the democracy Gaius Caesar in 691 not merely presumed to compete with the two most distinguished men of the nobility, Quintus Catulus and Publius Servilius the victor of Isaura, in the candidature for the supreme pontificate, but even carried the day among the burgesses. The heirs of Sulla, especially his son Faustus, found themselves constantly threatened with an action for the refunding of the public moneys which, it was alleged, had been embezzled by the regent. They talked even of resuming the democratic impeachments suspended in 664 on the basis of the Varian law[7].

The individuals who had taken part in the Sullan executions were, as may readily be conceived, judicially prosecuted with the utmost zeal. When the quaestor Marcus Cato, in his pedantic integrity, himself made a beginning by demanding back from them the rewards which they had received for murder as property illegally alienated from the state (689), it can excite no surprise that in the following year (690) Gaius Caesar, as president of the commission regarding murder, summarily treated the clause in the Sullan ordinance, which declared that a proscribed person might be killed with impunity, as null and void, and caused the most noted of Sulla's executioners, Lucius Catilina, Lucius Bellienus, Lucius Luscius to be brought before his jurymen and, partially, to be condemned.

Lastly, they did not hesitate now to name once more in public the long-proscribed names of the heroes and martyrs of the democracy, and to celebrate their memory. We have already mentioned how Saturninus was rehabilitated by the process directed against his murderer. But a different sound withal had the name of Gaius Marius, at the mention of which all hearts once had throbbed; and it happened that the man, to whom Italy owed her deliverance from the northern barbarians, was at the same time the uncle of the present leader of the democracy. Loudly had the multitude rejoiced, when in 686 Gaius Caesar ventured in spite of the prohibitions publicly to show the honoured features of the hero in the Forum at the interment of the widow of Marius. But when, three years afterwards (689), the emblems of victory, which Marius had caused to be erected in the Capitol and Sulla had ordered to be thrown down, one morning unexpectedly glittered afresh in gold and marble at the old spot, the veterans from the African and Cimbrian wars crowded, with tears in their eyes, around the statue of their beloved general; and in presence of the rejoicing masses the senate did not venture to seize the trophies which the same bold hand had renewed in defiance of the laws.

But all these doings and disputes, however much noise they made, were, politically considered, of but very subordinate importance. The oligarchy was vanquished; the democracy had attained the helm. That underlings of various grades should hasten to inflict an additional kick on the prostrate foe; that the democrats also should have their basis in law and their worship of principles; that their doctrinaires should not rest till the whole privileges of the community were in all particulars restored, and should in that respect occasionally make themselves ridiculous, as legitimists are wont to do - all this was just as much to be expected as it was matter of indifference. Taken as a whole, the agitation was aimless; and we discern in it the perplexity of its authors to find an object for their activity, for it turned almost wholly on things already essentially settled or on subordinate matters.

It could not be otherwise. In the struggle with the aristocracy the democrats had remained victors; but they had not conquered alone, and the fiery trial still awaited them - the reckoning not with their former foe, but with their too powerful ally, to whom in the struggle with the aristocracy they were substantially indebted for victory, and to whose hands they had now entrusted an unexampled military and political power, because they dared not refuse it to him. The general of the east and of the seas was still employed in appointing and deposing kings. How long time he would take for that work, or when he would declare the business of the war to be ended, no one could tell but himself; since like everything else the time of his return to Italy, or in other words the day of decision, was left in his own hands. The parties in Rome meanwhile sat and waited. The Optimates indeed looked forward to the arrival of the dreaded general with comparative calmness; by the rupture between Pompeius and the democracy, which they saw to be approaching, they could not lose, but could only gain. The democrats on the contrary waited with painful anxiety, and sought, during the interval still allowed to them by the absence of Pompeius, to lay a countermine against the impending explosion.

In this policy they again coincided with Crassus, to whom no course was left for encountering his envied and hated rival but that of allying himself afresh, and more closely than before, with the democracy. Already in the first coalition a special approximation had taken place between Caesar and Crassus as the two weaker parties; a common interest and a common danger tightened yet more the bond which joined the richest and the most insolvent of Romans in closest alliance.

While in public the democrats described the absent general as the head and pride of their party and seemed to direct all their arrows against the aristocracy, preparations were secretly made against Pompeius; and these attempts of the democracy to escape from the impending military dictatorship have historically a far higher significance than the noisy agitation, for the most part employed only as a mask, against the nobility.

It is true that they were carried on amidst a darkness, upon which our tradition allows only some stray gleams of light to fall; for not the present alone, but the succeeding age also had its reasons for throwing a veil over the matter. But in general both the course and the object of these efforts are completely clear. The military power could only be effectually checkmated by another military power. The design of the democrats was to possess themselves of the reins of government after the example of Marius and Cinna, then to entrust one of their leaders either with the conquest of Egypt or with the governorship of Spain or some similar ordinary or extraordinary office, and thus to find in him and his military force a counterpoise to Pompeius and his army.