34.62
When
Masinissa saw that the Carthaginians were falling into bad odour with Rome
and at variance amongst themselves -the leaders of the Barcine party
suspected by the senate owing to their interviews with Aristo, and the senate
suspected by the people in consequence of the notice which Aristo had put
up -he thought it a good opportunity for attacking them. The coastal district
which skirts the Lower Syrtis is called Emporia. It is a very fertile country
and there is one city in it -Leptis -which alone paid Carthage tribute to the
extent of a talent a day. This district Masinissa overran and ravaged from
end to end and occupied parts of it, so that it appeared doubtful whether it
belonged to him or to the Carthaginians. On learning that they had sent
envoys to Rome to meet the charges which had been made against them, and
also to complain of his conduct, he too sent a deputation to strengthen the
suspicions against Carthage and also to question the right of that
government to exact tribute from the district which he had invaded. The
Carthaginians were received in audience first, and their account of the Tyrian
stranger made the senate feel anxious lest they should be involved in war
with both Antiochus and Carthage at the same time. What strengthened their
suspicions most of all was the fact that after deciding to arrest Aristo and
send him to Rome they had neglected to keep either him or his ship under
guard. Then came the argument with Masinissa's representatives as to the
territory in dispute. The Carthaginians rested their case on the adjudication
of Scipio, as the district lay within the frontiers of what, after his victory, he
declared to be Carthaginian territory, and they also relied on Masinissa's own
admission. When Aphthires was a fugitive from his kingdom and was
roaming with a body of Numidians in the neighbourhood of Cyrenae,
Masinissa who was pursuing him asked permission to traverse that district,
showing thereby that he had no doubt as to its belonging to Carthage.
The Numidians contended that false statements had been made as
to Scipio's delimitation. If the origin of any rights they claimed was inquired
into, what ground in all Africa really belonged to the Carthaginians? When
they landed on its shores and sought a settlement they were granted as much
land on which to build their city as they could enclose within an ox-hide cut
into strips. Whatever ground they had gained outside Bursa they had gained
by violence and robbery. As to the territory in question, it was impossible for
them to prove that it had been in their possession from the beginning or even
for any considerable length of time. The Carthaginians and the kings of
Numidia laid alternate claims to it as opportunity offered; it always became
the possession of those who for the time being were the strongest in arms.
They begged the senate to let matters remain in the same state in which they
were before Carthage became the enemy or Masinissa the friend and ally of
Rome, and not to prevent him who was able to hold it from doing so. The
reply given to both parties was to the effect that the senate would send a
commission to Africa to settle the dispute on the spot. The commissioners
were P. Scipio Africanus, C. Cornelius Cethegus and M. Minucius Rufus.
After surveying the locality and hearing both sides they decided for neither
of them and left the whole question in abeyance. Whether they did this of
their own motion or whether they had received instructions to do so is
uncertain. What is certain is that under the circumstances it was a matter of
expediency that the question should remain unsettled. Had it not been so
Scipio, either through his knowledge of the facts or his personal influence
with both the contending parties, could have settled it by a nod.
End of Book 34