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40But Cicero had now come back[50] from the exile into which he was driven by Clodius, and, relying on his great influence in the senate, had forcibly taken away and destroyed, in the absence of Clodius, the records of his tribuneship which Clodius had deposited on the Capitol. When the senate was convened to consider the matter, and Clodius made his denunciation, Cicero made a speech in which he said that, since Clodius had been made tribune illegally, all that had been done or recorded during his tribunate ought to be void and invalid. 2Cato contradicted Cicero while he was speaking, and finally rose and said that, although he was wholly of the opinion that there was nothing sound or good in the administration of Clodius, still, if everything which Clodius had done while tribune were to be rescinded, then all his own proceedings in Cyprus would be rescinded, and his mission there had not been legal, since an illegal magistrate had obtained it for him; but it had not been illegal, he maintained, for Clodius to be elected tribune after a transfer from patrician to plebeian rank which the law allowed,[51] and if he had been a bad magistrate, like others, it was fitting to call to an account the man who had done wrong, and not to vitiate the office which had suffered from his wrong doing. In consequence of this speech Cicero was angry with Cato, and for a long time ceased friendly intercourse with him; afterwards, however, they were reconciled.[52]
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