O ye immortal gods! is the error of those men
who have desired that law. For the meaner the condition of each judge
is, the greater will be the severity of judgment with which he will
seek to efface the idea of his meanness; and he will strive rather to
appear worthy of being classed in the honourable decuries, than to
have deservedly ranked in a disreputable one.
IX. Another law was proposed, that men who had been condemned of
violence and treason may appeal to the public if they please. Is this
now a law, or rather an abrogation of all laws? For who is there at
this day to whom it is an object that that law should stand? No one is
accused under those laws; there is no one whom we think likely to be
so accused. For measures which have been carried by force of arms will
certainly never be impeached in a court of justice. But the measure is
a popular one. I wish, indeed, that you were willing to promote any
popular measure; for, at present, all the citizens agree with one
mind and one voice in their view of its bearing on the safety of the
republic.
What is the meaning, then, of the eagerness to pass the law which
brings with it the greatest possible infamy, and no popularity at all?
For what can be more discreditable than for a man who has committed
treason against the Roman people by acts of violence, after he has
been condemned by a legal decision, to be able to return to that very
course of violence, on account of which he has been condemned? But why
do I argue any more about this law? as if the object aimed at were to
enable any one to appeal? The object is, the inevitable consequence
must be, that no one can ever be prosecuted under those laws. For
what prosecutor will be found insane enough to be willing, after the
defendant has been condemned, to expose himself to the fury of a
hired mob? or what judge will be bold enough to venture to condemn a
criminal, knowing that he will immediately be dragged before a gang of
hireling operatives? It is not, therefore, a right of appeal that is
given by that law, but two most salutary laws and modes of judicial
investigation that are abolished. And what is this but exhorting young
men to be turbulent, seditious, mischievous citizens?
To what extent of mischief will it not be possible to instigate the
frenzy of the tribunes now that these two rights of impeachment for
violence and for treason are annulled? What more? Is not this a
substitution of a new law for the laws
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