his dignity, was binding Postumius, in a loose manner, Nay," said he, "draw the cord tight, that the surrender may be regularly performed." Then, when they came into the assembly of the Samnites, and to the tribunal of Pontius, Aulus Cornelius Arvina, a herald, pronounced these words: "Forasmuch as these men, here present, without orders from the Roman people, the Quirites, entered into surety that a treaty should be made, whereby they have rendered themselves criminal; now, in order that the Roman people may be freed from the crime of impiety, I here surrender these men into your hands."

On the herald saying thus, Postumius gave him a stroke on the thigh with his knee, as forcibly as he could, and said, with a loud voice, that "he was now a citizen of Samnium, the other, a Roman ambassador; that the herald had been by him violently ill-treated, contrary to the law of nations; and that the people he represented would therefore have the more justice on their side, in the war which they were about to wage.

Pontius then said, "Neither will I accept such a surrender, nor will the Samnites deem it valid. Spurius Postumius, if you believe that there are gods, why do you not undo all that has been done, or fulfil your agreement? The 'Samnite nation is entitled, either to all the men whom it had in its power, or, instead of them, to a peace. But why do I make a demand on you, who, with as much regard to faith as you are able to show, return yourself a prisoner into the hands of the conqueror ? I make the demand on the Roman people. If they are d'ssatisfied with the convention made at the Caudine forks, .et them replace the legions within the defile, where they were pent up. Let there be no deception, on either side. Let all that has been done, pass as nothing. Let them receive, again, the arms which they surrendered, by the convention let them return into their camp. Whatever they were in possession of, the day before the conference, let them possess again. Then, let war and resolute counsels be adopted. Then, let the convention and peace be rejected. Let us carry on the war, in the

same circumstances and situations in which we were, before peace was mentioned. Let neither the Roman people blame the convention of the consuls, nor us, the faith of the Roman people. Will you never want an excuse for violating the compacts which you make, on being defeated? You gave hostages to Porsena: you clandestinely got them back. You ransomed your state from the Gauls, for gold while they were receiving the gold, they were put to the sword. You concluded a peace with us, on condition of our restoring your captured legions that peace you now annul. In fine, you always spread over your fraudulent conduct some show of right.

:

"Do the Roman people disapprove of their legions being saved by an ignominious peace? Let them take back their peace, and return the captured legions to the conqueror. This would be conduct consistent with faith, with treaties, and with the laws of the heralds. But that you should, in consequence of the convention, obtain what you desired, the safety of so many of your countrymen, while I obtain not what I stipulated for, on sending you back those men, a peace; is this the law, which you, Aulus Cornelius, which you, heralds, prescribe to nations? But, for my part, I neither accept those men, whom you pretend to surrender, nor consider them as surrendered; nor do I hinder them from returning into their own country, which stands bound, under an actual convention, carrying with them the wrath of all the gods, whose authority is thus despised. Wage war, since Spurius Postumius has just now struck with his knee the herald, in character of ambassador. The gods are to believe that Postumius is a citizen of Samnium, not of Rome; and that a Roman ambassador has been violated by a Samnite; and that, therefore, you have just grounds for a war against us. That men of years and of consular dignity should not be ashamed to exhibit such mockery of religion, in the face of day! and should have recourse to such shallow artifices to palliate their breach of faith, as not even children would allow themselves ' Go, lictor, take off the bonds from those Romans

Let no proper."

one hinder them to depart, when they think

Accordingly, they returned, unhurt, from Caudium to the Roman camp, having acquitted certainly their own faith, and perhaps that of the public.

IMPEACHMENT OF PUBLIUS CORNELIUS SCIPIO, SURNAMED AFRICANUS, AND OF LUCIUS CORNELIUS SCIPIO, SURNAMED ASIATICUS.

BY LIVY.

LIVY, or Titus Livius, a Roman historian, was born in Padua, about sixty years before Christ. He removed to Rome, where he wrote, at least, by far the greater part of his Work.

The impeachment of the Scipios, for embezzlement of public money, took place in the year 565, after the building of Rome, or in the year 187, before the birth of Christ; consequently, about a century and a half before Livy wrote its account. The following extract is from the translation of George Baker.

THE two Petilii, as Valerius Antias writes, instituted a prosecution against Publius Scipio Africanus. This proceeding was variously construed, according to people's different dispositions; some blamed, not the plebeian tribunes, but the public in general, that could suffer such a process to be carried on. They observed, that "the two greatest States in the world proved, nearly at the same time, ungrateful to their chief commanders: but Rome, the more ungrateful of the two, because Carthage was subdred, when she sent the vanquished Hannibal into exile; whereas Rome, when victorious, was for banishing Africanus, who procured her the victory.' Others asserted, that " no one citizen ought to stand so high above the rest, as not to be made answerable to the laws, for his conduct; for nothing contributed so much towards maintaining the equipoise of liberty, as that the most powerful might be brought to trial. For how could any charge, especially the administration of government, be safely intrusted to any man, if he were not liable to be called tc

an account?

If there were any, who could not endure an equality of rights, against such, force might justly be employed." Such were the common topics of conversation, until the day of trial came. Never was either any other person, or Scipio himself, when Consul or Censor, escorted to the forum by more numerous multitudes, of all kinds, than he was, on that day, when he appeared to answer to the charge against him. When ordered to make his defence, without taking any notice of the facts laid to his charge, he delivered a speech, in which he set forth his own exploits in such splendid terms, that it was universally agreed, that no man's praises had been ever represented, either to more advantage or with more truth : for he spoke with the same ardent spirit and powerful genius, which had ever animated his conduct in discharging the duties of his office; nor did his speech excite any disgust in the hearers, as it arose from the peril of his situation, not from motives of ostentation.

The plebeian tribunes, in order to procure credit to their present accusations, introduced the old imputations, of his luxurious style of living, in his Winter-quarters at Syracuse, and the tumult raised by Pleminius, at Locri. They then brought forward, against him, the charge of receiving money, which they grounded on suspicions, not on proofs. They alleged, that "his son, being taken prisoner, was restored without ransom; and that, in every other instance, Antiochus paid his court to him, as if peace and war with Rome were at his sole disposal. He had acted towards the Consul, in his Province, as Dictator, not as lieutenant-general; nor had he gone thither with any other view, than to propagate in Greece and Asia, and among all the kings and nations eastward, the same opinion, which, at the same time, prevailed in Spain, Gaul, Sicily, and Africa, that he, alone, was the head and pillar of the Roman empire; that a State, which was mistress of the world, lay sheltered under the shade of Scipio; and that his nods were equivalent to decrees of the Senate, and orders of the people." Finding him invulnerable, against all attacks on his honor, they assailed him with the shafts of envy. The pleading having lasted