XXIX. * * * * * Ti. Gracchus was vigilant for the interests of the people, but neglected the rights of the Latins and the treaties with the allies. If such customs and license should spread themselves wider, and our empire be changed from right to force, so that those who until now voluntarily obey us, should be ruled only by terror; although it has been vigilantly preserved for us, who are of the present age; yet I should be very solicitous about our posterity, and about the immortality of the republic, which might be perpetual, if the institutions and manners of our forefathers were preserved.
XXX. When Lælius had thus spoken, all present expressed themselves to have been very much delighted by him, but Scipio, among the rest, as if quite elated with pleasure, “many causes,” said he, “indeed Lælius, hast thou often defended, in such a manner that I can by no means compare our colleague Servius Galba to thee; whom when he lived thou preferredest to all; nor in truth any of the attic orators * * *
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XXXI. * * * * * Therefore that common interest, that is the commonwealth, who can recognize it when all are oppressed by the cruelty of one; when no bond of Law exists, nor that consent of congregated society, which constitutes a people. And this very condition of the Syracusans: a celebrated city, as Timæus says, the first among the Greeks, and the most beautiful of them all: its harbour embosomed within the walls, its canals running through the city: its broad streets, its porticoes, temples, fortifications, all these did not help to constitute a commonwealth, while Dionysius reigned. The people had no part in them, for the very people belonged to one man. Therefore where there is a tyrant, it is not a vitiated commonwealth, as I said yesterday, but reason compels us to declare plainly that no commonwealth at all exists.
XXXII. “Indeed” said Lælius, “you speak very clearly, and I already perceive the drift of your discourse.
S. You see therefore, that when every thing is in the power of a faction, neither can that be properly called a commonwealth.
L. I judge it plainly so.
S. And most rightly do you judge, for what was the condition of the Athenians, when after that great Pelopponesian war, thirty men were most unjustly placed in the command of that city? Did the ancient glory of the city, the admirable nature of its buildings, its theatre, gymnasia, its noble porticoes, its citadel, or the admirable works of Phidias, or the magnificent port of Piræus, did they constitute a commonwealth? “Not in the least” said Lælius, “because indeed the common interest was not thought of.”
S. How was it at Rome, when the Decemvirs existed without appeal, in that third year, when liberty itself had parted with its privileges?
L. Nothing was left to the people, and truly it was necessary to bring them to that point, that they might recover their rights.