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life, rather than be executed by your order, because he had not tamely yielded himself a victim to his rage. But if none of you are of this opinion, the proper question is not whether Clodius was killed ; for that we grant : But whether justly or unjustly. Ifit appears that Milo was the aggressor, we ask no faror ; but if Clodius, vou will then acquit him of the crime that has been laid to his charge.
What method, then, can we take to prove that Clodi. us lay in wait for Milo? It is sufficient, considering what an audacious abandoned wretch he was, to show that he lay under a strong temptation to it, that he formed great hopes, and proposed to himself great advantages, from Milo's death. By Milo's death, Clodius would not only have gained his point of being praetor, without that restraint which his adversary's power as consul would bave laid upon his wicked designs, but likewise that of being praetor under those cousuls, by whose connivance, at least, if not assistance, he hoped he should be able to betray the state into the mad schemes he had been forining ; persuading himself, that, as they thought themselves under so great an obligation to him, they would have no inclination to oppose any of his attempts, even if they should have it in their power ; and that if they
were inclined to do it, they would, perhaps, be scarce | able to control the most profligate of all men, who had s been confirmed and hardened in iis audaciousness, by a long series of villanies.
Milo is so far from receiving any benefit from Clodius death, that he is really a sufferer by it. But it may be said, that hatred prevailed, that anger
and resentment urged him on, that he avenged his own wrongs and redressed his own grievances. Now, if all these particulars may be applied, not merely with greater propriety to Clodius than to Milo, but with the utmost propriety to the one, and not the least to the other; what more
can you desire ? For why should Milo bear any other ha#tred to Clodius, who furnished him with such a rich har
vest of glory, but that which every patriot must bear to
all bad men : As to Clodius, he had motives enough for u bearing ill will to Milo ; first, as my protector and guard
ian : then, as the opposer of his mal schemes, and the controller of his armed force; and, lastiy, as bis accuser.
Every circunstance, 'ny Lords, concurs to prove, that it was for Milo's interest, Clodius should live ; that, on the contrary, Milo's death was a most desirable event for answering the purposes of Clodius ; that on the one side, there was a most implacable haired; on the other, not the least ; that the one had been continually employ. ing himself in acis of violence, the other only in opposing them ; that the life of Miio was threatened, and his death publicly foretold by Clodius; whereas nothing of that kind was ever.liçard froin Milo ; that the day fixed for Milo's journey, was well known by his adversary; while Milo knew not when Clodius was to return; that Milo's journey was necessary, but that of Clodius rather the contrary ; t at the ove openly declared his intention of leaving me that day, while the other concealed his intention of returning ; that Milo made vo alteration in his measures, but that Clodius reigned an excuse for altering his ; that if Bilo had designed to waylay Clodi. us, he wouid have waited for him near the city, tillit was dark; but that Clodius, even if he had been under no apprehensions from Milo, ought to have been afraid of coming to town so late at night.
Let us now consider, whether the place where they encountered, was most favorable to Milo, or to Clodius. But can there, my Lords, be any room for doubt, or deliberation upon that? It was near the estate of Clodius, where at least a thousand able bodied men were employed in his mad schemes of building. Did Milo think he should have any advantage by attacking from an eminence, and did he, for this reason, pitch upon that spot. for the engagement ; or, was he not rather expected in that place by his adversary, who hoped the situation would favor his assault? The thing, my Lords, speaks for itself, which must be allowed to be of the greatest importance in determining the question. Were the affair to be represented only by painting, instead of being ex: pressed by words, it would even then clearly appear which was the traitor, and which was free from all mischievous designs; when the one was sitting in his chariot,muffled
up in his cloak, and his wife along with him. Which of these circumstances was not a very great incuinbrance !--the dress, the chariot, or the companion ? How could he be worse equipped for an engagement, when he was wrapped up in a cloak, embarrassed with a char. iot, and alniost fettered by his wife ? Observe the other, now, in the first place, sallying out on a sudden from his seat : for what reason? In the evening, what urged him ?
-Late, to what purpose, especially at that season ? He calls at Pompey's seat; With what view ? To see Pompey? He knew he was at Alsium : To see his house! He had been at it a thousand times. What, then, could be the reason of his loitering and shifting about? He wanted to be on the spot when Milo came up.
But if, my Lords, you are not yet convinced, though the thing shines out with such strong and full evidence, that Milu returned to Rome with an innocent mind, ug. stained with guilt, undisturbed with fear, and free from the accusations of conscience; call to mind, I beseech you, by the immortal gods, the expedition with which he came back, his entrance into the forum while the senate house was in flames, the greatness of soul he discovered, the look he assumed, the speech he made on the occasion. lle delivered himself up tot only to the people, but even to the senate: nor to the senate alone, but even to guards appointed for the public security ; nor merely to them, but even to the authority of him whom · the senate had entrusted with the care of the whole re. public; to whom he never would have delivered bimself, it he had not been confident of the goodness of his
What now remains, but to bescech and adjure you, my Lords, to extend that compassion to a brave man, which be disdains to implore, but which I, even against his consent, implore and earnestly entreat. Though you have not seen him shed a single tear, while all are weeping around him, though he has preserved the same steady countevance, the same firuiness of voice and language, do not on this account withhold it from him.
On you, on you, I cail, ve heroes, who have lost so kuch blood in the service of your coutry! To you, ye
centurions, ye soldiers, I appeal, in this hour of danger to the best of men, and bravest of citizens! While you are looking on, while you stand here with arms in your hands, and guard this tribunal, shall virtue like this be expelled, exterminated, cast out with dishonor? By the immortal gods, I wish, (pardon me, O my country! for I fear, what I shall say, out of a pious regard for Milo, may be deemed impiety against thee) that Clodius not only lived, but were praetor, consul, dictator, rather than be witness to such a scene as this. Shall this man then, who was born to save his country, die,any where but in his country ? Shall he not, at least, die in the service of his country? Will you retain the memorials of his gallant soul, and deny his body a grave in Italy? Will ang person give his voice for banishing a man from this city, whom every city on earth would be proud to receive within its walls. Happy the country that shall receive hin' Upgrateful this, it it shall banish him! Wretched if it should lose him! But I must conclude-my tears will not allow ine to proceed, and Milo forbids tears to be employed in his defence. You, my Lords, I beseech and arljure that, in your decision, you would dare to act as you think. Trust me, your fortitude, your justice, your fidelity, will more especially be approved of by him (Pompey,) who, in his choice of judges, has raised to the bench, the bravest, the wisest, and the best of men.
SPEECHES ON VARIOUS SUBJECTS.
1.-Romulus, to the People of Rome, after building the
City. If all the strength of cities lay in the heighth of their ra.nparts, or the depth of their ditches, we should have great reason to be in fear for that which we have Duw built.
But are there in reality any walls too high to be scaled by a valiant enemy? And of what use are ramparts in intestine divisions ? They may serve for a defence against sudden incursions from abroad; but it is by courage and prudence, chiefly, that the invasions of foreign enemies are repelled ; and by unanimity, sobriety and justice, that domestic seditions are prevented. Cities fortified by the strongest bulwarks, have been often seen to yield to force from without, or to tumults from within. An exact military discipline, and a steady observance of civil polity, are the surest barriers against these evils.
But there is still another point of great importance to be considered. The prosperity of some rising colonies and the speedy ruin of others, have, in a great measure been owing to their form of government:
Were there but one manner of ruling states and cities, that could make them happy, the choice would not be difficult. But I have isarnt, that of the various forms of govern- :ment among the Greeks and barbarians, there are three which are highly estulled by those who have experieneed them; and yet, that no one of these is in all respects perfect, but each of them has some innate and incurable Telect. Choose you, then, in what manner this city shall je governed. Shall it be by one man i Shall it be by a elect number of the wisest among us? Or shall the leg. slative power be in the people ? As for me, I shall subnit to whatever form of administration, you shall