Chapter XII: The Collapse of the Coalition
The coalition formed to combat the Barcids had been marvellously successful in its initial and main goal, combating and defeating the Barcids. Uniting the democrats and the conservative republicans against a single enemy, it had been able to not only oust the most powerful family in the Mediterranean from the city but defy their army and navy and maintain control, setting up an interim government with Hamilcar serving as suffet from the initial ousting of the Barcids in early 139 until their final defeat in April 138 with the intention being, it seemed, to allow him to serve on until proper elections could be held the following year. This would give Hamilcar time to reestablish the old republic of Carthage. But, with the defeat of the Barcids, the narrow alliance between the democratic lower class and the republican/oligarchic aristocrats proved shaky to say the least. This was a problem that stemmed initially from the very Barcid domination that the coalition had been formed to overthrow, for one the political repression under the Barcids as well as their influence in fostering the democratic movement abroad had created a politicised lower class, one that would no longer settle for a form of government that was dominated by an elite few. For another, the aristocratic class had been devastated over the last 40 years as the Barcids destroyed enemies, opened up the senate to others, thus weakening the genealogical source of prestige for the aristocracy, and many of those in the senate had been pro-Barcids who were purged in political and treason trials throughout 139 and 138 BCE. As such, Hamilcar found himself representing a drastically outnumbered aristocracy now besieged by an increasingly politicised lower class demanding democratic features in government along the lines of Rome.
From April through to June, this became a serious source of tension within the city as the aristocracy maintained the mercenaries that had been hired to combat the Barcids, ostensibly to defend the city and maintain law and order in the wake of a civil war. For Hamilcar, this seemed the only military protection the aristocracy had against the now-armed people rising up against them as well and instituting a radical form of democracy as existed in Rome. At the same time, however, the presence of mercenaries seemed eerily similar to many within the democratic movement who saw resemblances to the Barcid mercenaries and their abuses as well as to the political bodyguards of the last 40 years and may have, in the Hannonids, have seen a potential second Barcid family. Dialogue between the democratic movement's leaders and the Hannonid-led aristocrats grew ever more tense as Hamilcar continued to defend that the coup had been to restore the republic, not to institute a democracy along lines that had never before existed in Carthage whilst the democratic movement expressed the the peoples' demands for greater representation. This became all the more fierce as the political debate was surrounded by what amounted to two armies, one of mercenaries who, whilst better trained and equipped were certainly outnumbered, and one of a politically charged lower class populace. By June, the governance of the city had split in two, with the aristocrats forming their government in the wealthy Byrsa district and reestablishing the Carthaginian Senate and the democrats meeting in the forum to establish an assembly. The first real political clash between these two governments had been a running debate ever since the victory over the Barcids, the right to try political prisoners. The trials had been continuing since the initial ousting of the Barcids but, with the preoccupation with the war, had only really picked up in April 138. These were mostly corruption or treason charges, not just of pro-Barcid aristocrats but accomplices of all kinds from all across the city right down to corrupt tax and toll officials. The problem was that for the higher cases, the aristocrats believed that only the Senate should be allowed to try other major aristocrats and that the people at large should be exempt from such trials as they didn't possess the status to try such men. This had been mitigated by sheer practicality during the time of war, Hamilcar couldn't afford any breaches in his coalition and as such had established a joint body of both aristocrats and lower class democrats for any and all trials in the city. But, with the governments now split between the Senate and the Assembly, the right of jurisdiction was also split.
On one hand, the Senate defended that they alone should be allowed to try aristocrats but would compromise by allowing the Assembly to try lower officials whilst the democrats claimed that they should have equal jurisdiction but would accept a similar compromise as had been reached beforehand with a joint body to try any and all prisoners. This was worsened by suspicions amongst the democrats that the Senate might allow some aristocrats to go free so as to bolster their numbers and strengthen their political hand in the face of determined political opposition and by fears amongst the Senate that the people might turn and try to use the law courts to bring down their government by prosecuting their members as well. So too, this was also exacerbated by the well known fact that few of those who now sat in the Senate were by any means free of the blame of colluding with the Barcids, many of them were simply those who had joined the coalition at the right time. Should they allow the people a say in prosecuting high-level aristocrats, then that would set a precedent for those same people to prosecute them. In short, the Assembly saw the Senate as potentially corrupt whilst the Senate saw the Assembly as representing a palpable threat to their authority and legal rights. Things came to a head when a prisoner being escorted to the Byrsa to stand trial was set upon by armed forces working for the Assembly who tried to take him away to a trial in the forum, in the ensuing struggle multiple people were killed on both sides including the prisoner himself. Almost immediately dialogue broke down between the democrats and Hamilcar, both sides blaming one another for not respecting their right to try political prisoners in their own form of government. Determined to seize the prisoners for themselves, both sides fell to fighting all throughout the city, killing hundreds over the rest of the week as individual skirmishes broke out between the democrats and the oligarchs throughout much of the city. Realising the very real risks of this fighting devolving into another civil war, representatives from both the Senate and the Assembly met in late June in the forum to discuss a truce and general disarmament to prevent further outbreaks of violence pending an actual resolution to the difficulties between the two. On one hand, the aristocrats agreed to disband the mercenaries and remove them from the city whilst, on the other, the Assembly agreed to disarm the people and try certain individuals who had committed especially egregious acts of assault or murder. For the most part, the truce proved an important victory for both sides. For the first time in just over a week, the sense of a city under siege in many areas now dissipated and the fears of civil war that had built up began to dissipate. Aristocrats from the Byrsa were now able to reach the cothon once again and a modicum of trade, industry and business began to start up once more as the truce persisted.
But the truce failed in so far as the disputes between the Byrsa Senate and the Assembly went unsolved and the two governments remained separated. But, drastically outnumbered and unable to rely upon mercenaries any more, the aristocrats found their ability to impose their will upon the negotiations severely curtailed and in early July Hamilcar would make an important concession. Namely, this was to agree to a joint body for the trial of political prisoners of all kinds, from tax inspectors to senators, reinstating the Council of 104 to serve as the main court for such political trials for the time being. For its makeup, the Senate and Assembly would both nominate half its members to sit on the Council for the trials, thus, in theory, giving them equal weight in prosecutions of political prisoners. As normal business resumed, the trials were divided up amongst lower courts with the most important trials, those of high-ranking aristocrats, taking place in the Council and those of lower magistrates and officials in lower courts, almost all of which were staffed by magistrates from the Assembly as the Senate had neither the resources nor the manpower to staff these courts themselves. Thus, by the end of 138 BCE, most of the judicial system had come into the hands of the Assembly, all lower trials took place in courts staffed by people appointed by the Assembly and they held an equal weight in higher trials such as those in the Council which now took over the responsibility for almost all major trials as neither the Senate nor the Assembly would be acceptable. In return, the Assembly relented to dropping any charges against previous collaborators in the Senate government, thus allowing Hamilcar to retain his political strength which would have been destroyed had the Assembly been allowed to prosecute most of the Senate.
But this did nothing to solve the inherent and deepening dispute between the Assembly and the Senate, namely that of executive and legislative powers within the city. Traditionally, both had been wielded largely by the suffets elected by and with recourse to, the Senate who would vote on proposals put forward by the suffets. This was no longer acceptable to the Assembly, now the people wanted a greater say than simply resolving disputes between suffets or between suffets and the Senate, rather they now wanted the right to be prime in and of themselves in the executive and legislative spheres. Indeed, the Assembly coming to control much of the law courts in 138 only worsened the latter as it fell to members of the Assembly to actually enforce the workings of the law in many cases and thus a dispute between the Senate and the Assembly over legislation could lead to a very real divide between the Senate and the judiciary which could, in turn, jeopardise the workings of the law within the city. One of the biggest problems in this entire dispute was that the Senate and Assembly effectively had contrary aims and concerns, even on the same matters. For instance, the Assembly had been advocating for land redistribution in the vein of Rome or Kroton but the aristocrats saw that as a threat to themselves and sought to maintain their own control of the land. One particularly vicious dispute here was the nature of the lands confiscated from the Barcids or from pro-Barcid Senators and politicians during the trials. The Assembly believed it should be distributed to the people and feared that the aristocrats might end up distributing it amongst themselves, thereby increasing their own wealth whilst the poor citizenry continued to lack land and income. With control over most of the lower city, the Assembly had precluded this by issuing a document stating their intention to distribute the land amongst members of the landless poor which, in turn, was challenged by the Senate as presuming an authority which was not that of the Assembly's to wield. Rather, the Senate demanded that issues of land reform be dealt with in the Senate which, as with the treason trials, the Assembly would never accept. This was similar to disputes taking place all the time throughout the city, with the control of Carthage as a whole at stake. Should either side emerge triumphant, they would have the majority of executive and legislative powers but until one did, the two governments would remain in competition and division.
Throughout the city, people deferred to one or the other governments, often divided by wealth and class with the richest in society deferring to the Byrsa Senate and the poor masses deferring instead to the Assembly. Thus, Carthage was divided, street by street, area by area into groups of people supporting either the Assembly or the Senate as the rightful government. The main strength of the Assembly lay in their numbers, there were far more poor or disenfranchised citizens throughout the city than rich aristocrats in the Senate, whilst the Senate appealed to those who were the richer or more influential in society and those who served to lose a lot of political influence in a democratic system as well as basing much of their argument upon the dangers of mob rule and the political traditions of Carthage. The July concession made by Hamilcar had had much wider consequences than many had expected, now the Assembly could no longer be denied as a rightful force in the city at large and the Senate lost its chance to actually put down the Assembly and restore their own undisputed control because, either way, the Assembly now dominated the law courts and so any matters of legislation, if they were to ever be effectively put into action, would have to be referred to the Assembly anyway. By making the concession in July, Hamilcar had effectively sealed the fate of the Assembly, even if it did not now rise to become the main or sole government in the city, it would certainly become a much more influential part of the city's government, one that could not be denied. But the disputes continued, raging throughout the remainder of 138 BCE and continuing on into 137 which was kick started with another huge political issue when Hamilcar's time came to an end and he (and Hannibal, the other suffet who was far less notable than his counterpart) stepped down as suffet. Once again, the divides between the Senate and the Assembly became apparent. From 139 to the end of 138, Hamilcar and Hannibal had been accepted by both the Assembly and the Senate as the rightful suffets, in turn a huge bonus for the Senate who had the backing of an uncontested leader. At the very least, the democrats had had a hand in choosing the suffets so they couldn't contest that they were rightful suffets which, at the very least had provided a stabilising influence as the Assembly and Senate, whilst fighting one another, accepted that the chosen suffets were chosen correctly. It had been Hamilcar's influence, for instance, that had allowed the June truce and he had pushed the Senate to accepting the July concession as well. The problem was one of sustaining control in a city riven by turmoil, the Assembly simply wouldn't accept the overall authority of the Senate and vice versa, thus Hamilcar and Hannibal, whilst accepted as suffets had their authority greatly weakened as the Assembly and Senate would rarely, if ever, accept any decisions passed through or by their rival.
Now came the trouble of electing two new suffets and the time of an uncontested suffet in charge of Carthage had now passed, since both the Senate and the Assembly had had a hand in choosing Hamilcar and Hannibal as suffets, there was now no question of having the two new suffets be entirely chosen by the Senate and when they took it upon themselves to elect two new suffets in early 137 BCE, the Assembly was quick to reject their choices and elected two new suffets of their own, both from amongst the Assembly itself. This was abhorrent to the aristocratic Senators, allowing the Assembly to vote upon new suffets would undermine a vital privilege of theirs, the right to choose the suffets for the upcoming year to the Assembly. Not to mention, the suffets voted into power by the Assembly did not and, if they took power, would not consult the Senate but would continue to consult the Assembly itself. This served only to further exacerbate the divide between the two governments, whilst a joint judicial system had been worked out with the July concession, all other aspects of government had become divided between the Assembly and the Senate with two sets of competing suffets vying for power in the city. This, in turn, led to a dangerous divide in the law courts, the lower law courts followed without exemption the laws set down, not by the Senate, but by the Assembly but within the Council of 104, the entire system became divided with the Senatorial members refusing to accept legal matters instituted by the Assembly and vice versa, thus creating a dangerous split down the middle of the council. At the height of the problems, this made the Council almost completely frozen by divisions and completely unable to continue important trials, threatening to force a division into two further competing courts, one under the auspices of the Assembly and the other under the Senate, thus completely unravelling the July concession and completing the divide between the two governments. In effect, the Council became the last thread tying the two together and, should it snap, the governments would become entirely separate entities vying for control of the city and her government, in short it would be grounds for another civil war. The chief element preventing this was the terms of the June truce, under which neither the Senate nor the Assembly had an armed force at its disposal and both feared the ability of the other to raise an army against themselves. Within the law courts, the incapacitated Council found itself with little option but to defer more and more cases to lower and subsidiary courts at risk of being overwhelmed by cases as they began to drag out more and more, riven by divisions and chaos. Thus, over the course of 137, the rights and powers of the lower Assembly-run courts continued to grow as more and more important cases were deferred to them, giving them an increasing grip over the workings of the legal system.
This created a stalemate for the two governments, the Senate couldn't risk trying to oust the Assembly from the legal system for, if they failed, they would have broken the terms of the July concession and opened themselves up to being attacked and prosecuted by the Assembly which would cripple their power. At the same time, neither could the Assembly use the law courts to defeat the Senate without risking the very terms upon which their authority had been built. should the July concession break down then the Senate would likely establish a separate court and reject the rights of the Assembly to try important cases once again, thus returning to the very same problems they had had before the concession had been made. In turn, the dispute became one of recognition, whichever government was more widely recognised as the main government of Carthage would be the more widely powerful government as it would have more of the city following its decisions, its government and its suffets. With neither side willing to concede government, wide recognition as the rightful government became the prime determinant of power within the system. To this end, the Assembly had a huge step up under the July concession, as the Council became more impotent and the power of the lower courts grew, the legal decisions undertaken by the Assembly became more and more influential throughout the city. Thus, by the end of 137 BCE, the Assembly had de facto control over the legislative organ of the state as the Senate's ability to actually enforce their legal decisions declined. It was a game of numbers, the poorer elements of society who would gain from a more powerful Assembly outnumbered the rich aristocratic Senators. Those who were not rich or had not the lineage to serve in the Senate, that being a large portion of the population, gained from a more powerful Assembly whilst those who could serve and sit within the Senate gained from a more powerful Senate but their numbers had been devastated by the civil wars and purges under the Barcids. Under this current lay those who would be disenfranchised from either government, they were not native Carthaginian or they were women or children and thus would lack the same political rights. This made appealing to them for either government a lot more difficult and their acceptance of a government tended to be based not so much on ideology but on de facto control. Thus the writing was on the wall for the Senatorial government in the Byrsa, their actual control over the city was in steady decline through 137, they couldn't impose their laws whilst the law courts remained unified but they couldn't risk dividing them, thus under this system the Assembly became ever more powerful and their suffets much more widely accepted than their counterparts in the Byrsa.
This created a dilemma for the Senate, to them there seemed only a few ways out of their predicament, either to reach an accord with the Assembly in which they would undoubtedly lose a lot of their influence within the politics of the city and quite possibly have to accept the Assembly's right to at least influence the choice of suffets or even accept the legal decisions reached by the suffets of the Assembly, thus in part legitimising them. Another option was to break the July concession, establish a separate Senate-controlled system of law courts and reject those of the Assembly before trying to impose their own legal system across the city and a third, but very much extreme option advocated for by some in the Senate was to rearm, use their wealth to hire mercenaries and retake the city by force. All they would, in theory, need was to get a single messenger out of the city to round up a few thousand mercenaries with whom they could destroy the Assembly and reassert their control. To many, this third option was unthinkable, even if they should arrest and massacre the Assembly, they risked provoking a civil war, turning the democratic movement violent as had happened in Rome and, if they lost, they would face a very similar fate. The second option also caused problems, whilst strictly possible, trying to reassert their control over a city that was used to following the legal precedents of the Assembly would be an uphill battle for the Senate. Once again, as well, if they completely denounced the courts of the Assembly and their legal decisions, they risked splitting government completely which would make any accommodation harder in the future and also risked entrenching the loyalties of various groups. For instance, if they split the government entirely then the populace would remain divided between the Senate and the Assembly but the complete division might make loyalties to one or the other ever more fierce with violence yet again being a potential outcome. Neither side wanted civil war, if just because neither side was assured of a victory and both faced potentially brutal trials and executions for treason should they lose, this wasn't a war that would be fought by pitched armies in a field, it would be brutal, urban warfare and it would kill thousands and devastate the homes and livelihoods of people on both sides of the dispute, neither the leaders of the Assembly nor the Senate had any desire to create that situation for themselves.
As debates raged in both the Senate and the Assembly as to what their next move should be, the control of the Assembly over the law courts became more and more entrenched and normalised as time went by, thus the chances for the Senate to retake legal control grew ever slimmer and their options became less and less open to them. Without a universally recognised pair of suffets in charge, dialogue proved hard to maintain and frequently broke down into chaos and arguments between the two governments and legal trials in the Council became disputes between the Assembly and Senate with a number of trials being cancelled or deferred to lower courts as the Council became impotent, fighting amongst themselves as to whose law codes should be followed. Finally, a culmination was reached, in part due to Hamilcar's continued powerful influence in the Senate, dialogue was reopened in November 137 and a second concession made between the two governments. Sensing the risk of the July concession being broken, the Assembly and the Senate set about to agree upon a singular law code that both would abide by, such that not only the Council but the lower courts would follow as well, under this new concession, any changes to the law codes would go through both the Assembly and the Senate although either could propose a change. The July and November concessions would set the tone for the legal system in the post-Barcid Carthage, it set about the decline of the suffets as a legislative authority and moved the power to enact and change laws primarily to the Senate and the Assembly, either of which could now propose laws but both of which were needed for laws to pass. Furthermore, it effectively halted the splitting of the two governments at the seams, uniting the law courts along a singular law code agreed by both the Senate and the Assembly, whilst neither set of suffets was universally accepted, now neither the Senate nor the Assembly could deny the influence of the other in making legislation, thus empowering both at the expense of the suffets.
With this, the divides could now begin to heal. The Assembly continued to control the lower courts and the appointment of lower magistrates would remain a province of the Assembly whilst the Council of 104, now mostly a legal body as had occurred by necessity after the July concession, remained evenly split between Assembly and Senatorial members. This left the right to executive powers as the main divide between the two governments, inherently both saw themselves as the rightful government of Carthage and believed it was their prerogative to govern the city. But the decline of the suffets and the November concession now showed an obvious way forward, if the suffets were no longer such an important figure in the politics of the day, then the executive government could be split between the Assembly and the Senate. This came with a plethora of its own problems, for one if the power was evenly split between the two bodies then it opened the way for new disputes and an impotent government, one in which neither body could overrule the other but both bodies would be split by ideological or simply practical differences. An accommodation had been made easier but it was still far off, especially as forming a new executive body remained unacceptable to the Senate who, outnumbered, would lose the majority of their influence should one be formed. Simply put, the empowerment of the Assembly and the Senate meant that only one of them could really rule, the other would have to take a subsidiary role. This problem wouldn't be resolved until the next year with what had been known as, given the convention of the previous two agreements, the February concession. After another dispute in which both the Assembly and the Senate elected separate suffets, dialogue was once again opened between the two. The experience of the previous two negotiations had made this easier and both sides were now much more willing to make concessions, especially as both now held equal legislative power. Under the February concession, both the Assembly and the Senate agreed to recognise a single suffet from the other body. This, in turn, solved the problem of executive powers.
The July, November and February concessions, formed from 138 to 136 would become the basis of the new constitution of the post-Barcid Carthage. Not democratic in the same way as the Italian and Latin democracies, the Carthaginian government has been described as pseudo-democratic. The Assembly was a democratic body, open to any citizen whilst the Senate remained exclusive albeit more opened up after the Barcids and was entitled only to those of a certain wealth category and, to prevent abuses, one could only sit in either the Senate or the Assembly but not both. Thus, as the new constitution was formed over the next few years, the government became based around 3 separate entities. The Suffets were elected separately by the Assembly and the Senate and held the main executive powers in Carthage with the requirement that major decisions would go through both the Senate and the Assembly prior to being passed. Legislative powers were devolved, in turn, to the Assembly and the Senate, both of which could propose legislation but neither of which could enforce it without the other providing its consent. Within the law courts, the power largely resided within the Assembly who retained the power to appoint lower magistrates as well as 52 of the 104 Councillors in the highest Carthaginian court (the Council) whilst the appointment of various other magistrates (such as tax collectors) would also largely go to the Assembly. Meanwhile the appointment of many other higher positions such as generals as well as powers with foreign policy and diplomacy remained with the Senate as it had done before. Thus, in effect, most domestic affairs became the domain of the Assembly, from the majority of the law courts to other areas such as tax collection and even infrastructure developments whilst the Senate became the main power for foreign policy, electing generals and making the main decisions of diplomacy as well as largely retaining a powerful hand in state religion. In this environment, the power of the suffets would continue to decline. True, in name they held the executive authority in the city as per the February concession. But that proved more of a stop-gap, it couldn't reverse the slow decline of the suffets but it had allowed the Senate and the Assembly to invest a body acceptable to both with executive powers. In truth, both suffets had become more and more reliant on their respective bodies during the period of divided government as the tumultuous political environment had meant that their position had relied heavily upon continued support from their respective bodies. As such, it would have been unacceptable for the suffets to try to overrule either the Senate or the Assembly on any decision or to impose any real independent political will, thus their influence would continue to decline, their powers moving more and more to the two bodies of government.
This wasn't a constitution destined to last but it was a constitution that served its purpose. It reunified a divided city under one government and it provided the political base from which further changes would occur. Its biggest success was getting the people to accept and recognise a single government, even if it failed to entirely address the divisions between the Assembly and the Senate. The problems I mentioned before of two equally powerful bodies vying for dominance hadn't been solved, but it would no longer take place between two separate governments but between two organs of a unified government.