HKB
and it becomes us to indulge neither partiality nor aversion, but least of all animosity; for what in others is called resentment, is in the powerful termed violence and cruelty.
I am indeed of opinion, Conscript Fathers, that the utmost degree of torture is inadequate to punish their crime; but the generality of mankind dwell on that which happens last, and, in the case of malefactors, forget their guilt, and talk only of their punishment, should that punishment have been inordinately severe. I feel assured, too, that Decimus Silanus, a man of spirit and resolution, made the suggestions which he offered, from zeal for the state, and that he had no view, in so important a matter, to favor or to enmity; such I know to be his character, and such his discretion.[243] Yet his proposal appears to me, I will not say cruel (for what can be cruel that is directed against such characters?), but foreign to our policy. For assuredly, Silanus, either your fears, or their treason, must have induced you, a consul elect, to propose this new kind of punishment. Of fear it is unnecessary to speak, when by the prompt activity of that distinguished man our consul, such numerous forces are under arms; and as to the punishment, we may say, what is indeed the truth, that in trouble and distress, death is a relief from suffering, and not a torment;[244] that it puts an end to all human woes; and that, beyond it, there is no place either for sorrow or joy.
But why, in the name of the immortal gods, did you not add to your proposal, Silanus, that, before they were put to death, they should be punished with the scourge? Was it because the Porcian law[245] forbids it? But other laws[246] forbid condemned citizens to be deprived of life, and allow them to go into exile. Or was it because scourging is a severer penalty than death? Yet what can be too severe, or too harsh, toward men convicted of such an offense? But if scourging be a milder punishment than death, how is it consistent to observe the law as to the smaller point, when you disregard it as to the greater?
But who it may be asked, will blame any severity that shall be decreed against these parricides[247] of their country? I answer that time, the course of events,[248] and fortune, whose caprice governs nations, may blame it. Whatever shall fall on the traitors, will fall on them justly; but it is for you, Conscript Fathers, to consider well what you resolve to inflict on others. All precedents productive of evil effects,[249] have had their origin from what was good; but when a government passes into the hands of the ignorant or unprincipled, any new example of severity,[250] inflicted on deserving and suitable objects, is extended to those that are improper and undeserving of it. The Lacedaemonians, when they had conquered the Athenians,[251] appointed thirty men to govern their state. These thirty began their administration by putting to death, even without a trial, all who were notoriously wicked, or publicly detestable; acts at which the people rejoiced, and extolled their justice. But afterward, when their lawless power gradually increased, they proceeded, at their pleasure, to kill the good and the bad indiscriminately, and to strike terror into all; and thus the state, overpowered and enslaved, paid a heavy penalty for its imprudent exultation.