admiration and compassion, that now they could scarce believe him to
be the same Spurius Postumius who had been the author of so shameful a
peace; again lamenting, that such a man was likely to undergo, among
the enemy, a punishment even beyond that of others, through resentment
for annulling the peace. When all the members, extolling him with
praises, expressed their approbation of his sentiments, a protest was
attempted for a time by Lucius Livius and Quintus Maelius, tribunes of
the commons, who said, that "the people could not be acquitted of the
religious obligation by the consuls being given up, unless all things
were restored to the Samnites in the same state in which they had been
at Caudium; nor had they themselves deserved any punishment, for
having, by becoming sureties to the peace, preserved the army of the
Roman people; nor, finally, could they, being sacred and inviolable,
be surrendered to the enemy or treated with violence."
9. To this Postumius replied, "In the mean time surrender us as
unsanctified persons, which ye may do, without offence to religion;
those sacred and inviolable personages, the tribunes, ye will
afterwards deliver up as soon as they go out of office: but, if ye
listen to me, they will be first scourged with rods, here in the
Comitium, that they may pay this as interest for their punishment
being delayed. For, as to their denying that the people are acquitted
of the religious obligation, by our being given up, who is there so
ignorant of the laws of the heralds, as not to know, that those men
speak in that manner, that they themselves may not be surrendered,
rather than because the case is really so? Still I do not deny,
conscript fathers, that compacts, on sureties given, are as sacred as
treaties, in the eyes of all who regard faith between men, with the
same reverence which is paid to duties respecting the gods: but I
insist, that without the order of the people, nothing can be ratified
that is to bind the people. Suppose that, out of the same arrogance
with which the Samnites wrung from us the convention in question, they
had compelled us to repeat the established form of words for the
surrendering of cities, would ye, tribunes, say, that the Roman people
was surrendered? and, that this city, these temples, and consecrated
grounds, these lands and waters, were become the property of the
Samnites? I say no more of the surrender, because our having become
sureties is the point insisted on. Now, suppose we had become sureties
that the Roman people should quit this city; that they should set it
on fire; that they should have no magistrates, no senate, no laws;
that they should, in future, be ruled by kings: the gods forbid, you
say. But, the enormity of the articles lessens not the obligation of a
compact. If there is any thing in which the people can be bound, it
can in all. Nor is there any importance in another circumstance, which
weighs, perhaps, with some: whether a consul, a dictator, or a
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