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Gracchus still held an official position as a commissioner for colonies, if not for land-distribution and the making of roads, but none of these positions gave him the authority to approach the people or the power to offer effective legal resistance to the threatened measure; any further opposition might easily take the form of a breach of the peace by a private individual and give his enemies the opportunity for which they were watching; and it was therefore with good reason that Gracchus at first determined to adopt a passive attitude in the face of the proposal of the tribune Minucius Rufus for the repeal of the Rubrian law.

This Rubrian law might be attacked on the ground that it contravened the rules of religious right, the violation of which might render any public act invalid; and the stories which had been circulated of the evil omens that had attended the establishment of Junonia, were likely to cause the scruples of the senate to be supported by the superstition of the people.

The rights of Roman citizens and subjects are indifferently considered, and amongst the former those of the settlers who had journeyed to Africa in accordance with the promises of the Rubrian law are fully recognised.