Titus Livius (Livy), The History of Rome, Book 21
Rev. Canon Roberts, Ed.

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When these preparations were completed, the formalities necessary before entering upon war required that a commission should be despatched to Carthage. Those selected were men of age and experience-Q. Fabius, M. Livius, L. Aemilius, C. Licinius, and Q. Baebius. [2] They were instructed to inquire whether it was with the sanction of the government that Hannibal had attacked Saguntum, and if, as seemed most probable, the Carthaginians should admit that it was so and proceed to defend their action, then the Roman envoys were to formally declare war upon Carthage. [3] As soon as they had arrived in Carthage they appeared before the senate. [4] Q. Fabius had, in accordance with his instructions, simply put the question as to the responsibility of the government, when one of the members present said: "The language of your previous deputation was peremptory enough when you demanded the surrender of Hannibal on the assumption that he was attacking Saguntum on his own authority, but your language now, so far at least, is less provocative, though in effect more overbearing. [5] For on that occasion it was Hannibal whose action you denounced and whose surrender you demanded, now you are seeking to extort from us a confession of [6??] guilt and insist upon obtaining instant satisfaction, as from men who admit they are in the wrong. [7] I do not, however, consider that the question is whether the attack on Saguntum was an act of public policy or only that of a private citizen, but whether it was justified by circumstances or not. [8] It is for us to inquire and take proceedings against a citizen when he has done anything on his own authority; the only point for you to discuss is whether his action was compatible with the terms of the treaty. [9] Now, as you wish us to draw a distinction between what our generals do with the sanction of the State and what they do on their own initiative, you must remember that the treaty with us was made by your consul, C. Lutatius, and whilst it contained provisions guarding the interests of the allies of both nations, there was no such provision for the Saguntines, for they were not your allies at the time. [10] But, you will say, by the treaty concluded with Hasdrubal, the Saguntines are exempted from attack. I shall meet that with your own arguments. You told us that you refused to be bound by the treaty which your consul, C. Lutatius, concluded with us, because it did not receive the authorisation of either the senate or the Assembly. [11] A fresh treaty was accordingly made by your government. Now, if no treaties have any binding force for you unless they have been made with the authority of your senate or by order of your Assembly, [12??] we, on our side, cannot possibly be bound by Hasdrubal's treaty, which he made without our knowledge. Drop all allusions to Saguntum and the Ebro, and speak out plainly what has long been secretly hatching in your minds." [13] Then the Roman, gathering up his toga, said, "Here we bring you war and peace, take which you please." [14] He was met by a defiant shout bidding him give whichever he preferred, and when, letting the folds of his toga fall, he said that he gave them war, they replied that they accepted war and would carry it on in the same spirit in which they accepted it.