it was allowed to be done by
the treaty. Since, therefore, it pleases you that a distinction should
be made between what commanders do by public authority, and what on
their own suggestion, there was a treaty between us made by the consul
Lutatius; in which, though provision was made for the allies of both,
there is no provision made for the Saguntines, for they were not as
yet your allies. But in that treaty which was made with Hasdrubal, the
Saguntines are excepted; against which I am going to say nothing but
what I have learned from you. For you denied that you were bound by
the treaty which Caius Lutatius the consul first made with us, because
that it had neither been made by the authority of the senate nor the
command of the people; and another treaty was therefore concluded anew
by public authority. If your treaties do not bind you unless they are
made by your authority and your commands, neither can the treaty of
Hasdrubal, which he made without our knowledge, be binding on us.
Cease, therefore, to make mention of Saguntum and the Iberus, and let
your mind at length bring forth that with which it has long been in
labour." Then the Roman, having formed a fold in his robe, said, "Here
we bring to you peace and war; take which you please." On this speech
they exclaimed no less fiercely in reply: "he might give which he
chose;" and when he again, unfolding his robe, said "he gave war,"
they all answered that "they accepted it, and would maintain it with
the same spirit with which they accepted it."

19. This direct inquiry and denunciation of war seemed more consistent
with the dignity of the Roman people, both before and now, especially
when Saguntum was destroyed, than to cavil in words about the
obligation of treaties. For if it was a subject for a controversy of
words, in what was the treaty of Hasdrubal to be compared with the
former treaty of Lutatius, which was altered? Since in the treaty of
Lutatius, was expressly added, "that it should only be held good if
the people sanctioned it;" but in the treaty of Hasdrubal, neither was
there any such exception; and that treaty during its life had been so
established by the silence of so many years, that not even after the
death of its author was any change made in it. Although even were they
to abide by the former treaty, there had been sufficient provision
made for the Saguntines by excepting the allies of both states; for
neither was it added, "those who then were