These preparations having been thus made, in order that every thing that was
proper might be done before they commenced war, they send Quintus Fabius, Marcus
Livius, Lucius Aemilius, Caius Licinius, and Quintus Baebius, men of advanced
years, as ambassadors into Africa, to inquire of the Carthaginians if Hannibal
had laid siege to Saguntum by public authority; and if they should confess it,
as it seemed probable they would, and defend it as done by public authority,
to declare war against the people of Carthage. After the Romans arrived at Carthage,
when an audience of the senate was given them, and Quintus Fabius had addressed
no further inquiry than the one with which they had been charged, then one of
the Carthaginians replied: "Even your former embassy, O Romans, was precipitate,
when you demanded Hannibal to be given up, as attacking Saguntum on his own
authority: but your present embassy, though so far milder in words, is in fact
more severe. For then Hannibal was both accused, and required to be delivered
up: now both a confession of wrong is exacted from us, and, as though we had
confessed, restitution is immediately demanded. But I think that the question
is not, whether Saguntum was attacked by private or public authority, but whether
it was with right or wrong. For in the case of our citizen, the right of inquiry,
whether he has acted by his own pleasure or ours, and the punishment also, belongs
to us. The only dispute with you is, whether 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."
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