23.
[52]
You have before you the interpretation put upon the law and upon treaties by
the most consummate generals, by the wisest men and the most illustrious
citizens. I will add now that given by the judges who presided at this
investigation; I will add that of the whole Roman people; I will add the
most conscientious and sensible decision of the senate. When the judges were
stating openly and were explaining without any disguise what they intended
to decide with respect to the Papian law in the case of Marcus Crassus, when
the Mamertines claimed him back as a citizen of theirs, the Mamertines,
though they had commenced the cause under the sanction of the public
authority of their state abandoned it.
[53]
Many men who had been admitted to the freedom of this city from the free
states, or the federate cities, were released from all apprehension on the
subject. No one was ever prosecuted on account of his rights as a citizen,
either because his own state had not ratified his admission, or because his
right to change his city was hindered by any treaty. I will venture also to
assert even this, that no one ever lost his action who was proved to have
been presented with the freedom of the city by any one of our generals.
Listen now to the decision of the Roman people given on many different
occasions, and approved of in the most important causes, in consequence both
of the facts of the case, and of precedent. Who is there that
does not know that a treaty was made with all the Latins in the consulship
of Spurius Cassius and Postumus Cominius?
[54]
Which, indeed, we recollect to have been in existence till quite lately,
engraved and written on a brazen column at the back of the rostra. How then was Lucius Cossinius, a man of
Tibur, the father of our
present Roman knight of the same name, a most excellent and most
accomplished man, after Titus Caelius had been condemned; and how was Titus
Coponius, of the same city, he also being a citizen of the very greatest
virtue and dignity, (his grandsons Titus and Caius Coponius you are all
acquainted with,) after Caius Masso had been condemned, made a Roman
citizen? Are we going to affirm that the path to the freedom of the city is
open to eloquence and genius, but shall not be open to courage and virtue?
Was it lawful for the federate states to acquire spoils from us, and shall
it not be lawful for them to carry them off from the enemy? Or shall it be
impossible for them to acquire by fighting what they are enabled to acquire
by speaking? Or did our ancestors intend that the rewards of a prosecutor
should be greater than those of a warrior?
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