After this they brought other accusations and writs against him, for exciting insurrection amongst the allies, and being engaged in the conspiracy that was discovered about Fregellae. But having cleared himself of every suspicion, and proved his entire innocence, he now at once came forward to ask for the tribuneship; in which, though he was universally opposed by all persons of distinction, yet there came such infinite numbers of people from all parts of Italy to vote for Caius, that lodgings for them could not be supplied in the city;and the Field being not large enough to contain the assembly, there were numbers who climbed upon the roofs and the tilings of the houses to use their voices in his favour. However, the nobility so far forced the people to their pleasure and disappointed Caius's hope, that he was not returned the first, as was expected, but the fourth tribune. But when he came to the execution of his office, it was seen presently who was really first tribune, as he was a better orator than any of his contemporaries, and the passion with which he still lamented his brother's death made him the bolder in speaking. He used on all occasions to remind the people of what had happened in that tumult, and laid before them the examples of their ancestors, how they declared war against the Faliscans, only for giving scurrilous language to one Genucius, a tribune of the people; and sentenced Caius Veturius to death, for refusing to give way in the forum to a tribune;"Whereas," said he, "these men did, in the presence of you all, murder Tiberius with clubs, and dragged the slaughtered body through the middle of the city, to be cast into the river. Even his friends, as many as could be taken, were put to death immediately, without any trial, notwithstanding that just and ancient custom, which has always been observed in our city, that whenever any one is accused of a capital crime, and does not make his personal appearance in court, a trumpeter is sent in the morning to his lodging, to summon him by sound of trumpet to appear; and before this ceremony is performed, the judges do not proceed to the vote; so cautious and reserved were our ancestors about business of life and death."Having moved the people's passion with such addresses (and his voice was of the loudest and strongest), he proposed two laws. The first was, that whoever was turned out of any public office by the people, should be thereby rendered incapable of bearing any office afterwards;the second, that if any magistrate condemn a Roman to be banished without a legal trial, the people be authorized to take cognizance thereof.
One of these laws was manifestly levelled at Marcus Octavius, who, at the instigation of Tiberius, had been deprived of his tribuneship. The other touched Popilius, who, in his praetorship, had banished all Tiberius's friends; whereupon Popilius, being unwilling to stand the hazard of a trial, fled out of Italy. As for the former law, it was withdrawn by Caius himself, who said he yielded in the case of Octavius, at the request of his mother Cornelia. This was very acceptable and pleasing to the people, who had a great veneration for Cornelia, not more for the sake of her father than for that of her children; and they afterwards erected a statue of brass in honour of her, with this inscription, Cornelia, the mother of the Gracchi. There are several expressions recorded, in which he used her name perhaps with too much rhetoric, and too little self-respect, in his attacks upon his adversaries. "How," said he, "dare you presume to reflect upon Cornelia, the mother of Tiberius?"And because the person who made the reflections had been suspected of effeminate courses, "With what face," said he, "can you compare Cornelia with yourself? Have you brought forth children as she has done? And yet all Rome knows that she has refrained from the conversation of men longer than you yourself have done." Such was the bitterness he used in his language; and numerous similar expressions might be adduced from his written remains.
Of the laws which he now proposed, with the object of gratifying the people and abridging the power of the senate, the first was concerning the public lands, which were to be divided amongst the poor citizens; another was concerning the common soldiers, that they should be clothed at the public charge, without any diminution of their pay, and that none should be obliged to serve in the army who was not full seventeen years old; another gave the same right to all the Italians in general, of voting at elections, as was enjoyed by the citizens of Rome; a fourth related to the price of corn, which was to be sold at a lower rate than formerly to the poor; and a fifth regulated the courts of justice, greatly reducing the power of the senators. For hitherto, in all causes, senators only sat as judges, and were therefore much dreaded by the Roman knights and the people.
But Caius joined three hundred ordinary citizens of equestrian rank with the senators, who were three hundred likewise in number, and ordained that the judicial authority should be equally invested in the six hundred. While he was arguing for the ratification of this law, his behaviour was observed to show in many respects unusual earnestness, and whereas other popular leaders had always hitherto, when speaking, turned their faces towards the senate-house, and the place called the comitium, he, on the contrary, was the first man that in his harangue to the people turned himself the other way, towards them, and continued after that time to do so. An insignificant movement and change of posture, yet it marked no small revolution in state affairs, the conversion, in a manner, of the whole government from an aristocracy to a democracy, his action intimating that public speakers should address themselves to the people, not the senate.
