17.
[38]
But why am I arguing against statements which it would seem to me might be
uttered with truth, if the people of Gades were speaking against me? for, if they were to demand
back Lucius Cornelius, I should reply, that the Roman people had enacted a
law with respect to giving the freedom of the city; and that there was no
occasion, nor was it usual for the entire people to ratify laws of this
sort; that Cnaeus Pompeius, in accordance with the advice of his council,
had given the freedom of the city to this man, and that the people of
Gades had no single law
whatever of the Roman people in their favour. Therefore, that nothing had
been sanctified by any peculiar solemnity, which appeared to be excepted
against by the law; that if there were, still there had been no provision
made in the treaty respecting anything but peace. That this clause also was
added, that they were bound to preserve our majesty unimpaired; which
certainly would be diminished, if it was unlawful either for us to avail
ourselves of the citizens of those nations as assistants in our wars, or if
we were to have no power whatever of rewarding them.
[39]
But, now, why should I speak against the people of Gades, when the very thing which I am
defending is sanctioned by their desire, by their authority, and by a
deputation which they have sent hither on purpose? For they, from the very
first beginning of their existence as a separate people, and of their
republic, have turned all their affections from zeal for the
Carthaginians and eagerness in their cause, to the upholding of our empire
and name. And accordingly, when the Carthaginians were waging most
tremendous wars against us, they excluded them from their city, they pursued
them with their fleets, they repelled them with their personal exertions,
and with all their resources and power. They have at all times considered
that phantom of a treaty made by Marcius as more inviolable than any
citadel; and by this treaty and by that of Catulus, and by the authority of
the senate, they have considered themselves as most intimately connected
with us. Their ambition, and our ancestors' wish, has been, that their
walls, their temples, their lands, should be the boundaries of the Roman
name and Roman empire, as Hercules wished them to be of his journeys and of
his labours.
[40]
They invoke as witnesses our deceased generals, whose memory and glory
survive for everlasting,—the Scipios, the Bruti, the Horatii, the
Cassii, the Metelli, and this man also, Cnaeus Pompeius whom you see before
you; whom when he was carrying on a great and formidable war far from their
walls, they assisted with supplies and money and at this very time they
invoke as witnesses the Roman people whom now, at a time of great dearness
of provisions they have relieved with a large supply of corn as they had
often done before. They call them, I say, to witness that they wish this to
be their privilege,—to have a place permitted to them and to their
children, whenever there are any of distinguished virtue in our camps and in
the tent of the general and among our standards; and in our line of battle;
and that by these steps they should have a power of rising up to the freedom
of the city.
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