Another measure proposed, more harsh in appearance, possessed much less efficacy; one which ordered the patricians to assemble to elect an interrex; for by passing any resolution they judged, that those persons who convened the senate were magistrates of some kind or other, whilst the person who recommended that no decree of the senate should be passed, had thereby declared them private citizens.

When the cause of the decemvirs was now sinking, Lucius Cornelius Maluginensis, brother of Marcus Cornelius the decemvir, having been purposely reserved from among the consular men to close the debate, by affecting an anxiety about the war, defended his brother and his colleagues thus: saying, "he wondered by what fatality it had occurred, that those who had been candidates for the decemvirate, should attack the decemvirs, either as secondaries,[145] or as principals: or when no one disputed for so many months whilst the state was disengaged, whether legal magistrates had the management of affairs, why do they now sow discord, when the enemies are nearly at the gate; unless that in a state of confusion they think that what they are aiming at will be less seen through." But that it was not just that any one should prejudice so important a cause, whilst our minds are occupied with a more momentous concern.

It was his opinion, that the point which Valerius and Horatius urged, viz.

that the decemvirs had gone out of office before the ides of May, should be discussed in the senate, when the wars which are now impending are over, and the commonwealth has been restored to tranquillity: and that Appius Claudius should now prepare to take notice that an account is to be rendered by him of the comitia which he himself held for electing decemvirs, whether they were elected for one year, or until the laws which were wanting were ratified.

It was his opinion that all other matters should be laid aside for the present, except the war; and if they thought that the reports regarding it were propagated without foundation, and that not only the couriers, but the ambassadors of the Tusculans also had stated what was false, he thought that scouts should be despatched to bring back more certain information; but if credit were given both to the couriers and the ambassadors, that the levy should be held at the very earliest opportunity; that the decemvirs should lead the armies, whither it may seem proper to each; and that no other matter should take precedence.
[Footnote 145: The original here is rather obscure.