make prisoners of the hostile army—­the whole force which for the moment the Roman community could bring into action—­with both its commanders-in-chief.  In that case the way to Campania and Latium would have stood open; and in the then existing state of feeling, when the Volsci and Hernici and the larger portion of the Latins would have received him with open arms, the political existence of Rome would have been in serious danger.  But instead of taking this course and concluding a military convention, Gavius Pontius thought that he could at once terminate the whole quarrel by an equitable peace; whether it was that he shared that foolish longing of the confederates for peace, to which Brutulus Papius had fallen a victim in the previous year, or whether it was that he was unable to prevent the party which was tired of the war from spoiling his unexampled victory.  The terms laid down were moderate enough; Rome was to raze the fortresses which she had constructed in defiance of the treaty—­Cales and Fregellae—­and to renew her equal alliance with Samnium.  After the Roman generals had agreed to these terms and had given six hundred hostages chosen from the cavalry for their faithful execution—­besides pledging their own word and that of all their staff-officers on oath to the same effect —­the Roman army was dismissed uninjured, but disgraced; for the Samnite army, drunk with victory, could not resist the desire to subject their hated enemies to the disgraceful formality of laying down their arms and passing under the yoke.

But the Roman senate, regardless of the oath of their officers and of the fate of the hostages, cancelled the agreement, and contented themselves with surrendering to the enemy those who had concluded it as personally responsible for its fulfilment.  Impartial history can attach little importance to the question whether in so doing the casuistry of Roman advocates and priests kept the letter of the law, or whether the decree of the Roman senate violated it; under a human and political point of view no blame in this matter rests upon the Romans.  It was a question of comparative indifference whether, according to the formal state law of the Romans, the general in command was or was not entitled to conclude peace without reserving its ratification by the burgesses.  According to the spirit and practice of the constitution it was quite an established principle that in Rome every state-agreement, not purely military, pertained to the province of the civil authorities, and a general who concluded peace without the instructions of the senate and the burgesses exceeded his powers.  It was a greater error on the part of the Samnite general to give the Roman generals the choice between saving their army and exceeding their powers, than it was on the part of the latter that they had not the magnanimity absolutely to repel such a suggestion; and it was right and necessary that the Roman senate should reject such an agreement.