This was the year of Cicero’s praetorship in which he had to serve as judge in the trial of Licinius Macer, a radical democrat, who was accused of misappropriation. Cicero mentions the case to Atticus immediately after the trial, remarking—though a judge had but little discretion in such matters—that he had been favorably disposed to the culprit in his management of the case, and had received much favorable comment from the people for his attitude.[7] A democratic attitude is again shown by Cicero in his defense of Cornelius the next year (65). Cornelius in his tribuneship had angered the senate by proposing several radical plebiscites and especially by his disregard of a tribunician veto. When the herald had been forbidden by a tribune to read the bill of Cornelius in question, Cornelius himself had read it to the assembly, thereby not only breaking an old law but also in a new manner putting into effect the Gracchan theory of the “recall” which would strip the senate of its power to interfere in legislation. When Cornelius was haled to court by some senators on the charge of _lese majesté_ Cicero undertook to defend him; in this defense Cicero confined himself to minimizing the charge of the actual breach of a law, but did not offer any apologies for the attempt of Cornelius to apply the radical theory of “recall.” Indeed he actually defended that part of the procedure by referring to the precedent set by Gabinius two years before.[8] Here then he accepted again the Gracchan theory of popular sovereignty. In the years 66-5 at least Cicero behaved like a confirmed democrat. In July of 65, about the time of his speech, Cicero wrote to Atticus that he had begun to think of his canvassing for the consulship and that he was certain of the support of all but the nobles, that is to say, he knew that the equestrian and democratic groups would vote for him. A few days later he still felt himself so closely allied with the democratic group that he was considering giving legal aid to Catiline. That however he did not do. A careful investigation into the merits of the case was probably enough to dissuade him.