Oration Against Leocrates. Gentlemen, you have heard the witnesses. It may well be that what I now declare will rouse your indignation and your scorn of this Leocrates. Not content to abscond alone with his wretched self and his money, he must needs drag with him the ancestral faith, today become your law because your ancestors kept it, the establishment of the fathers and the heritage of him their child, drag this to Megara, filch it from the land. He hallowed not that sacred name of old, would tear it from its home, make it forsake with him the temples and the country once its own, as if in the land of the stranger it could rise again, for him. Athena, with no Athens there! in Megara! their land and their laws to be here! Why did your fathers give to the land her name? Because her land was here. In the name of Athena did they put their trust; she abandons not her own. Leocrates, recreant to law and tradition and religion, took from us all, as far as in him lay, the help that is ours from on high. And not content with all these grievous wrongs, he took the capital he had withdrawn here and with it made shipments of grain from Cleopatra in Epirus into Leucas and from there into Corinth; this in violation of your law which lays so severe a penalty on any man of Athens who shall ship grain to any port but ours. Here then is your man; traitor in war; lawbreaker in business; false to the faith and the land and the law. Here he is in your jurisdiction: shall not his doom be death? shall he not serve warning to others? If not, then ye must be some listless men, whose wrath no crime can rouse.

And now in what strains did Homer voice this theme? To your fathers he was such a noble poet that they passed a law that at every pan-Athenian festival, as the five years came round, his epics alone should be delivered; thus bearing witness to the world of Greece that the greatest of works were the works for them. A salutary measure. Brevity is the nature of the law. It may not instruct; it must simply command. To the poets it must refer the life of man, to portray the human spirit in its loftiest achievement, and with the resistless argument of art our souls are swayed. It is Hector who speaks rousing the Trojans in their country’s name:

When ye have reached the ships, fight onward, ceaselessly striving:
What though the stroke of fate shall call some man to his glory?
Where is the sting of death when a hero falls for his country?
Wife and child and home are safe in the hour that the Argives
Take to the ships once more and sail for the land of their fathers.

With strains like these, men of Athens, ringing in the ears of your sires, they could emulate the deeds of old; rising to such heights of valor that not for their own native State alone, but for all Hellas as a common fatherland, they stood ready to offer up their lives. There on Marathon they went into line in the face of the barbarians, bore down all Asia in arms, the stake their lives alone, winning security for Greece at large; not puffed up with the pride of renown, but glad their work was worthy of its fame; of Greece the champions, masters of the heathen worlds; letting their deeds proclaim aloud with glory. Such was the strenuous life they led in Athens in the great days of old that once when the Lacedaemonians, valiant of men, were at war with the Messinians, the god vouchsafed them a response that bade them take a leader from our people, and then they should conquer their enemies. If then divine judgment declared in favor of our leadership, even for the children of Hercules, lords for all time in Sparta, are we not justified in our faith that once Athenian valor was peerless? Who that is Greek does not know that they took one Tyrtaeus for their general? And with him they overthrew their enemies. And when the immediate peril was past, they (with an admirable wisdom) turned the episode to the advantage of their youth for all time. For when Tyrtaeus left them, his elegiacs were still theirs. While other poets have had no vogue among them, for him their enthusiasm has been so great that they passed a law that whenever a campaign was to open, all the man should be called to the tent of the king to hear the strains of Tyrtaeus. Nothing else, they thought, could make their men so ready to lay down their lives for their country. And now the day is come when we ourselves may need the sound of those elegiacs which could make their way to the souls of Spartans:

Blest is the brave: how glorious is his prize,
When at his country’s call he dares and dies.
And sad the sight when, envious of the dead,
The man without a country begs his bread.
His poor old parents feebly toil along,
And little children who have done no wrong.
Spurned by the glance he meets at every turn,
He learns how hot the beggar’s brand can burn.
His name is shame: the human form divine
Shows in its fall the soul’s dishonored shrine.
Deeds in the dust of ages swiftly root,
And children’s children reap the bitter fruit.
Strike for our country, comrades: on, ye brave!
Where is the man that dreads a patriot grave?
And ye, my younger brethren, side by side,
Shoulder to shoulder stand, whate’er betide.
The surging thrill ye feel before your foe
Swept o’er your father’s heart-strings long ago.
To those whose days are longer in the land
Lend in the pride of youth the helping hand.
For shame to see an old man fall in front
When young men leave him there to bear the brunt:
Low in the dust the hoary hair is trailed;
And last is quenched a soul that never quailed,
Youth in its bloom should pluck the glowing bough
Whose leaves in glory wreathe a hero’s brow.
Welcome to man, and fair in woman’s eye,
The manly form that living dares to die.
Fate hangs apoise, with gloom and triumph fraught:
Up, hearts! and in the balance count we our lives as naught.

Noble sentiments, gentlemen, that sway the soul of him that hath ears to hear. The Spartans could hear them, and receive such an impulse into manhood that they engaged with us in a struggle for the hegemony. It was nature’s rivalry; for the noblest achievements have been wrought on either side. Our ancestors had overthrown the barbarian who had set the first hostile foot upon Attic soil; in them was made manifest a manhood that no money could corrupt, a valor no host countervail. In Thermopylae the Lacedaemonians made their stand; and though the fate they met was not like ours, yet there the ideals of human devotion became reality.

And thus on the borne of life we can see the memorials of the valor of our race graven with the chisel of truth unto all Greek blood:

For Theirs:

Go stranger, tell the Spartans where we lie,
True to the land that taught her sons to die.

For Yours:

On Marathon when Athens fought alone,
Down to the dust the golden East was thrown.

These great memories, Athenians, are the glory of the men who bequeathed them and of Athens the undying renown. Not in this wise was Leocrates wrought. The fair fame of the city, flower of the ages, deliberately hath he defiled. If then he meet death at your hands, all Greece will feel the abhorrence in which you hold such acts. If not, then are the fathers of their ancient fame bereft by the same fell stroke that wounds your brothers in citizenship. They who revere not the men of old will follow the footsteps of this man, quick to descry the path that shall lead them to favor with our enemies, quick to perceive that shamelessness, treachery, cowardice, need only a verdict from you to prove their native worth.

One word more and I am done. To your sovereign chastisement I commit the man who stands for Athenian annihilation. On your own honor and in the presence of the gods you are to give Leocrates his due. On the head of the criminal lies the crime; but in a miscarriage of justice the jurors delinquent become participant of guilt. Gentlemen, ye cast the secret ballot now; but be not deceived: not one man among you can deposit a vote that the eye of heaven does not see. In my opinion, gentlemen, your verdict today reaches all the greatest and most fearful crimes at once: we behold them in the person of Leocrates; treason, for he abandoned the city to subjugation by the enemy; apostasy, for he played a coward’s part in freedom’s cause; sacrilege for the groves might be felled, the temples razed, as far as he was concerned; abomination, for the memorials of our fathers might be swept away and the hallowed observance abolished; desertion, for the nidering did not report for duty in the line. Where then is the man who will vote to clear him? Who is he that will show his sympathy with crime that shows malice aforethought? Is there a man so bereft of sense that he will set Leocrates free and so place his own security at the mercy of men who would abandon him? that out of pity for Leocrates he will take no pity on himself, when his choice may mean death at the hands of the foe? that by extending clemency to a traitor he will lay himself open to the retribution of heaven?

In support of our country, religion and laws I have pleaded this case, in righteousness and in fairness, indulging in no irrelevant abuse of the man and making no charges extraneous to the case. You must all be convinced that a vote for the acquittal of Leocrates is a vote for the conviction of the country; for in the life of nations subjugation is the death. Here stand the two urns; one for your undoing, one for your redemption: vote there for the disruption of the country, vote here for her security and prosperity. Think, men of Athens: the land and the trees are pleading, the harbors, the walls are entreating, the temples and shrines are in prayer. Save them. Make of Leocrates an example. One final declaration of my confidence: this pity that fills your hearts for the tears you look upon can never avail to pervert your loyalty to the law of the land, your devotion to the people of Athens.

 

aeschines

Aeschines, best known as an opponent of Demosthenes, was, in fact, a gallant solider, a man of much ability, and a really great orator. He was born in Attica, 389 b. c., five years before the birth of his famous rival, and died 314 b. c. His eloquence was of a high order, but his renown was tarnished by his defeat of Demosthenes in the contest on the proposition of Ctesiphon that Demosthenes should be awarded a golden crown for his patriotic services to the state. The speech delivered by Aeschines on that occasion was in many respects able, but he committed the grievous error of abusing his adversary and thus exposing his animosity.

Against Crowning Demosthenes. You see, Athenians, what preparations are on foot, what forces are arrayed, what appeals to the Assembly are being made by certain persons to prevent the proper and ordinary course of justice from having its effect in the city. For myself I came before you, first, with a firm belief in the immortal gods, next, with an abiding confidence in the laws and in you, convinced that intrigues will not more avail with you than these laws and the cause of justice.

I could indeed have fain desired that both in the Council of Five Hundred and in the Assembly the presiding officers had compelled conformity to established rules of debate, and that the laws had been enforced concerning the orderly deportment of public speakers which were laid down by Solon. It should thus have been permitted to the oldest citizens, as the laws prescribe, to ascend the platform decorously, and without tumult or annoyance, according to their experience, express their opinions upon what they regarded most advantageous to the city. Afterwards, each citizen in order of seniority should have in turn presented his independent views upon every question.

In this way it seems to me would the affairs of the city have been best conducted, and prosecutions have been reduced within the smallest compass. Since, however, the old recognized rules of procedure have been swept away, and certain men recklessly introduce illegal propositions, and certain others put them to the vote—men who have managed to secure the presidency, not by just and proper means, but taking possession of it by contrivance—it is brought to pass that if any other senator shall succeed in reaching the first place in due course of law and shall then attempt to obtain the result of your votes properly, such an one is denounced and impeached by the men who regard our government as no longer a common inheritance but as their own peculiar property. And when in this way, by reducing private citizens to servitude and by securing absolute power themselves, they have overthrown established legal judgments and have passed decrees according to the dictates of their passions, there shall be heard no longer that most beautiful and proper invitation of the herald, “Who desires to express his opinion, of citizens of fifty years of age and upwards, and afterwards, of all other in rotation?”

Thus neither the laws, nor the senators, nor the presidents, nor the presiding tribe itself a tenth part of the city, can control the indecent conduct of these orators.

Such being the case, and such the position in which the city is placed—and you must be convinced that this is so,—one part at least of the constitution, if I know anything of the matter, still survives—the right of prosecution for proposing unconstitutional measures. Should you destroy this right, or surrender it to those who will destroy it, I prophesy that you will have unconsciously given away to a few men almost our entire form of government. For you must surely know, Athenians, that but three forms of government exist, monarchy, oligarchy, and democracy: the two former are administered according to the feeling and opinions of those who are at the head of affairs, but republics repose upon the authority of law. Let no one of you, therefore, forget, but on the contrary let him lay it carefully to heart, that when he enters this tribunal for the trial of such an issue, on that day he is called upon to cast his vote upon his own right of free speech. Therefore was it that our old lawgivers placed in the forefront of the juror’s oath these words, “I will render a verdict according to law,” knowing well that when the laws were jealously observed by the city free institutions were safe.

Wherefore is it that, bearing these things in mind, you should hold in abhorrence all who commit unconstitutional acts, and that you should look upon no infraction of the constitution as small or unimportant, but treat all as of the gravest nature. Nor should you suffer any man to deprive you of this most vital right—neither the persuasions of the generals who for a long time past have been at work with certain of our orators to overthrow the constitution, nor the solicitations of strangers when those whose administration has been illegal have brought up hither to screen them from justice—but as each one of you would blush to quit the ranks in which he was stationed on the day of battle, so you should now blush at the thought of abandoning the post in which you are placed by the laws which are today the guardians of our institutions.

You must further bear in mind that your fellow citizens have now entrusted to your keeping the city itself in thus confiding the constitution to your charge; not only those of them who are here present intent upon the course of this trial, but those also who are necessarily absent upon their private business. If, therefore, holding in due regard these your fellow citizens, and remembering the oaths you have sworn and the laws you are living under, you should convict Ctesiphon for having introduced an unconstitutional bill false in terms and injurious to the city, overturn, Athenians, such unconstitutional enactments, confirm our free institutions, and punish the men who have been advising against the law and against the interests both of the State and of yourselves. If in this frame of mind you listen to the words which are about to be spoken, I well know that your verdict will be in accordance with justice and right, and that it will redound to the credit of yourselves and of the whole community.

I have thus far spoken about the general nature of this prosecution, and, I hope, with sufficient fairness. I now desire to speak briefly about the laws which have been passed in regard to persons who are accountable to the state, against which the decree of Ctesiphon offends.

In former times it happened that men who had exercised the highest employment and had been entrusted with the management of the public revenues, although guilty therein of the grossest corruption, would, by conniving with certain orators both in the Senate and the General Assembly, anticipate all examination into their accounts by means of votes of condemnation and proclamations of thanks in their behalf. Not only were citizens who attempted to bring them to justice for the state of their accounts in this way much perplexed, but the jurors themselves who were to try the cause were reduced to a grave dilemma. And many of these officials, although clearly proved to have embezzled public moneys in the most flagrant way, were yet permitted to leave the judgment-seat unpunished. And not unreasonably. For the jurors were ashamed, it seems to me, that it should appear the same man in the same city, and perchance in the very same year, who had been proclaimed in the Assemblies as worthy of being honored with a golden crown by the people for his virtue and uprightness, should a short time afterwards be brought to trial, and go forth from our courts of justice convicted of fraud in his accounts. So that the jurors were compelled, as it were, to give their verdict not so much upon the crime which was proven, as in regard to the honor of the city itself. And hence it was that one of our lawgivers provided for this very emergency by propounding a law—and a most admirable one it was—by which the coronation of all persons liable to account was distinctly forbidden. Notwithstanding the passage of this law, evasions of it more efficacious than the law itself have been invented, in ignorance of which, unless they be explained to you, you would be entirely deceived. This decree for the crowning of officials while they were still liable to account were introduced contrary to law by men not ill disposed by nature—if any one can be well-disposed who thus acts illegally—and by way of a slave to propriety they added to the propositions the words, “after they shall have rendered a correct account of their administration.” The city, however, was injured in the same way by this evasion, since the accounting was equally forestalled by the panegyrics and votes of crowns; and the propounder of the decree, by thus qualifying it, admitted to his discredit that at the time of its proposal he was conscious of an intended infraction of the law. But this fellow Ctesiphon, men of Athens, at one bound clears both law and qualification; for by his decree he asks that Demosthenes, while actually in office, before he has furnished any explanations or delivered in any accounts, shall be crowned by the people! . . .

You have just heard, Athenians, that the law directs the proclamation of one who is crowned by the people to be made in the Pnyx at an Assembly of the people, and nowhere else. Ctesiphon, however, not only transgresses the law by directing it to be done in the theatre, thus changing the place from that where the Athenians hold their Assembly, but he commands it to take place, not before the people alone, but in presence of the assembled Greeks, that they may see along with us what manner of man it is whom we then honor. . . .

Since, then, it is directed that those honored with a crown by the Senate shall be proclaimed in the Senate Chamber, and those crowned by the people in the Assembly, and it is interdicted to those crowned by the tribes or demes to be so proclaimed in the theatre, that no one by mean solicitations for crowns and proclamations should thereby obtain a spurious honor, and it is moreover forbidden by the law that proclamation shall be made by any one unless by the Senate, the people, the tribes, and the demes; if all these be excepted, what remains but the case of crowns conferred by foreign states? That this is manifestly so, I shall convince you by the laws themselves. . . .

Besides it is enjoined by law that the crown of gold which shall be proclaimed in the theatre in behalf of any one shall be taken from him and consecrated to Athens. Who would dare, however, from this, to accuse the people of Athens of a sordid economy? Never was there a city, never an individual, so destitute of generosity, as in the same moment to proclaim, take away, and consecrate a crown of their own bestowal! This consecration is doubtless directed to be made because the crown has been conferred by strangers, that no man may estimate a foreign honor as of greater value than his country, and may not be tempted in consequence to fail in his devotion to her. The crown conferred by the people and proclaimed in the Assembly is never consecrated, but on the contrary is permitted to be enjoyed, not only by its recipient, but by his descendants, that by preserving this memorial in their family they may never become ill-disposed to their country. And this is the reason why the lawmaker has prohibited the proclamation in the theatre of a crown conferred by strangers unless authorized by a decree of the people; the foreign city which may desire so to honor one of your citizens shall first through an embassy demand it of the people; and thus he who is crowned shall owe higher debt of gratitude to you who have permitted the proclamation than to those who have presented him with the crown itself. . . .

I may here foretell the part that he will play when he sees that you are in earnest in your endeavor to hold him to his true course. Ctesiphon will introduce that arch-impostor, that plunderer of the public, who has cut the constitution into shreds; the man who can weep more easily than others laugh, and from whom perjury flows in ready words!

He can, I doubt not, change his tone, and pass from tears to gross abuse, insult the citizens who are listening outside, and cry out that the partisans of oligarchical power, detested by the hand of truth, are pressing round the prosecutor to support him, while the friends of the constitution are rallying round the accused. And when he dares to speak so, answer thus his seditious menaces: “What, Demosthenes, had the heroes who brought back our fugitive citizens from Phyle been like you, our democratic form of government had ceased to exist! Those illustrious men saved the state exhausted by great civil disorders in pronouncing that wise and admirable sentence ‘oblivion of all offenses.’ But you, more careful of your rounded periods than of the city’s safety, are willing to reopen all her wounds.”

When this perjurer shall seek for credit by taking refuge in his oaths, remind him that to the foresworn man who asks belief in them from those he has deceived so often, of two things one is needful, neither of which exists for Demosthenes; he must either get new gods, or an audience not the same. And to his tears and wordy lamentations, when he shall ask, “Whither shall I fly, Athenians should you cast me out, I have not where to rest,” reply “Where shall the people seek refuge, Demosthenes; what allies, what resources, what reserve have you prepared for us? We all see what you have provided for yourself. When you have left the city, you shall not stop, as you would seem, to dwell in Piraeus, but, quickly thence departing, you shall visit other lands with all the appointments for your journey provided through your corruption from Persian gold or public plunder.”

But why at all these tears, these cries, this voice of lamentation? Is it not Ctesiphon who is accused, and even for him may not the penalty be moderated by you? Thou pleadest not, Demosthenes, either for thy life, thy fortune, or thy honor! Why is he then so disquieted? About crowns of gold and proclamations in the theatre against the laws: the man who, were the people so insensate or so forgetful of the present as to wish to crown him in this time of public distress, should himself step forth and say, “Men of Athens, while I accept the crown, I disapprove the proclamation of the honor at a time like this: it should not be in regard to things for which the state is now mourning and while it is in the depth of grief.” Would not a man whose life was really upright so speak out; only a knave who assumes the garb of virtue would talk as you do?

Let none of you, by Hercules, be apprehensive lest this high-souled citizen, this distinguished warrior, from loss of this reward should on his return home take his life. The man who rates so low your consideration as to make a thousand incisions on that impure and mortgaged head which Ctesiphon proposes against all law to honor with a crown, makes money of his wounds by bringing actions for the effects of his own premeditated blows. Yes, that crown of his so often battered, that perhaps even now it bears upon it the marks of Meidias’ anger, that crown which brings its owner in an income, serves both for revenue and head! . . .

And can it be that he whom you have thought worthy by your decree, of the honor of this crown, is so unknown to the public which has been so largely benefited by him that you must procure assistance to speak in his behalf? Ask of the jurors whether they know Chabrias, Iphicrates and Timotheus, and learn from them why they have honored and erected statues to them? Will they not proclaim with one voice that they rendered honor to Chabrias for his naval victory near Naxos; to Iphicrates for having cut off a Spartan corps; to Timotheus for his expedition to Corcyra; to other heroes for their many glorious achievements? Ask them now why Demosthenes is to be rewarded. Is it for his venality, for his cowardice, for his base desertion of his post in the day of battle? In honoring such an one will you not dishonor yourselves and the gallant men who have laid down their lives for you in the field? whose plaintive remonstrances against the crowing of this man you may almost seem to hear. Strange, passing strange, does it seem, Athenians, that you banish from the limits of the state the stocks and stones the senseless implements which have unwittingly caused death by casualty; that the hand which has inflicted the wound of self-destruction is buried apart from the rest of the body; and that yet you can render honor to this Demosthenes, by whose counsels this last fatal expedition in which your troops were slaughtered and destroyed was planned! The victims of this massacre are thus insulted, in their graves, and the survivors outraged and discouraged when they behold the only reward of patriotic valor to be an unremembered death and a disregarded memory! And last and most important of all consequences, what answer shall you make to your children when they ask you after what examples they shall frame their lives? Is it not, men of Athens—you know it well—is it not the palaestra, the seminary, or the study of the liberal arts alone, which form and educate our youth. Of vastly greater value are the lessons taught by these honors publicly conferred. If a man proclaimed and crowned in the theatre for virtue, courage, and patriotism when his irregular and vicious life belies the honor, the young who witness this are perverted and corrupted! In a profligate and a pander, such as Ctesiphon, sentenced and punished, an instructive lesson is given to the rising generation. Has a citizen voted in opposition to justice and propriety, and does he, on his return to his house, attempt to instruct his son; disobedience surely follows, and the lesson is justly looked upon as importunate and out of place. Pronounce your verdict then, not as simple jurors, but as guardians of the State, whose decision can be justified in the eyes of their absent fellow citizens who shall demand a strict account of it. Know ye not, Athenians, that the people is judged by the ministers whom it honors; will it not be disgraceful, then, that you shall be thought to resemble the baseness of Demosthenes, and not the virtues of your ancestors?

How, then, is this reproach to be avoided? It must be to distrusting the men who usurp the character of upright and patriotic citizens, which their entire conduct gainsays. Good will and zeal for the public interest can be readily assumed in name: oftentimes those who have the smallest pretensions to them by their conduct seize upon and take refuge behind these honorable titles. When you find, then, an orator desirous of being crowned by strangers and of being proclaimed in presence of the Greeks, let him, as the law requires in other cases, prove the claim which he asserts by the evidence of a life free from reproach, and a wise and blameless course. If he be unable to do this, do not confirm to him the honors which he claims, and try at least to preserve the remnant of that public authority which is fast escaping from you. Even now, strange as it should seem, are not the Senate and the people passed over and neglected, and despatches and deputations received by private citizens, not from obscure individuals, but from the most important personages of Europe and Asia? Far from denying that for which under our laws the punishment is death, it is made the subject of open public boast; the correspondence is exhibited and read; and you are invited by some to look upon them as the guardians of the constitution, while others demand to be rewarded as the saviors of the country. The people, meanwhile, as if struck with the decrepitude of age and broken down by their misfortunes, preserve the republic only in name and abandon to others the reality of authority. You thus retire from the Assembly, not as from a public deliberation, but as from an entertainment given at common cost where each guest carries away with him a share of the remnants of the feast. That I speak forth the words of truth and soberness, hearken to which I am about to say.

It distresses me to recur so often to our public calamities, but when a private citizen undertook to sail only to Samos to get out of the way, he was condemned to death on the same day by the Council of Areopagus as a traitor to his country. Another private citizen, unable to bear the fear which oppressed him, and sailing in consequence to Rhodes, was recently denounced for this and escaped punishment by an equal division of the votes. Had a single one been cast on the other side, he would have been either banished or put to death. Compare these instances with the present one. An orator, the cause of all our misfortunes, who abandons his post in time of war and flies from the city, proclaims himself worthy of crowns and proclamations. Will you not drive such a man from your midst as the common scourge of Greece; or will you not rather seize upon and punish him as a piratical braggart who steers his course through our government by dint of phrases?

Consider, moreover, the occasion on which you are called upon to record your verdict. In a few days the Pythian Games will be celebrated, and the assembled Greeks will all be reunited in your city. She has already suffered much disparagement from the policy of Demosthenes: should you now crown him by your votes you will seem to share the same opinion as the men who wish to break the common peace. By adopting the contrary course you will free the state from any such suspicion.

Let your deliberations, then, be in accord with the interests of the city: it is for her, and not a foreign community, you are now to decide. Do not throw away your honors, but confer them with discernment upon high-minded citizens and deserving men. Search with both eyes and ears as to who they are among you who are today standing forth in Demosthenes’ behalf. Are they the companions of his youth who shared with him the manly toils of the chase or the robust exercises of the palaestra? No, by the Olympian Jove, he has passed not his life in hunting the wild boar or in the preparation of his body for fatigue and hardship, but in the exercise of chicane at the cost of the substance of men of wealth!

Examine well his vainglorious boasting when he shall dare to say that by his embassy he withdrew the Byzantines from the cause of Philip; that by his eloquence he detached from him the Acarnanians, and so transported the Thebans as to confirm them upon your side. He believes indeed that you have reached such a point of credulity that you are ready to be persuaded by him of anything he may choose to utter, as if you had here in your midst the goddess Persuasion herself, and not an artful demagogue.

And when, at the close of his harangue, Demosthenes shall invite the partakers of his corruption to press round and defend him, let there be present in your imagination upon the platform from which I am now speaking the venerable forms of the ancient benefactors of the state, arrayed in all their virtue, to oppose these men’s insolence. I see among them the wise Solon, that upright lawgiver who founded our popular government upon the soundest principles of legislation, gently advising you with his native moderation not to place your oaths and the law under the control of this man’s discourse. And Aristides, by whose equity the imposts upon the Greeks were regulated, whose daughters, left in poverty through his incorruptible integrity, were endowed by the state, Aristides is seen complaining of this outrage upon justice, and demanding whether the descendants of the men who fought worthy of death and actually banished from their city and country Arthmius the Zelian, then living in their midst and enjoying the sacred rights of hospitality for merely bringing Persian gold into Greece, are now going to cover themselves with disgrace by honoring with a crown of gold the man who has not simply brought higher the stranger’s money, but is enjoying here the price of his treason. And Themistocles and the men who fell at Marathon and Plataea, think you that they are insensible to what is taking place? Do not their voices cry out from the very tombs in mournful protests against this perverse rendering of honor to one who has dared to proclaim his union with the barbarians against the Greeks?

As for me, O Earth and Sun, O Virtue, and thou, Intelligence, by whose light we are enabled to discern and to separate good from evil, as for me, I have directed my efforts against this wrong. I have lifted up my voice against this injustice! If I have spoken well and loftily against this crime, I have spoken as I should have wished; but if my utterances have been feeble and ill-directed, still they have been according to the measure of my strength. It is for you, men of Athens and jurors, to weigh carefully both what has been spoken and what has been left unsaid, and to render such a decision as shall not only be upright but for the advantage of the State.

 

demosthenes

Demosthenes, considered the greatest of the Greek orators, and consequently the greatest orator in the history of the world, as oratory flourished nowhere as it did in Greece between 500 and 300 b. c., was born about 383 b. c., and died by poison administered to himself, after being captured by Macedonian troops, 322 b. c.

“He [Demosthenes] seems to have lacked by nature all the physical qualifications of a great orator, and to have acquired them solely by indefatigable self-discipline and training. At about the age of thirty he made his first appearance as a politician; he continued to practice as a logographer (speech-writer) until he was about forty, by which time he had made a fortune sufficient to enable him to devote himself exclusively to political life until he died, at the age of sixty-one.”

Demosthenes studied under Isaeus and profited by the work previously done by the great rhetoricians and orators, Lysias, Isocrates, Antiphon, and others. Demosthenes’ political morality was of the highest, and this was one of the main sources of his great strength.

Speech of Demosthenes in Defense of Ctesiphon, Commonly known as the “Oration on the Crown.” I begin, men of Athens, by praying to every god and goddess that the same good-will, which I have ever cherished toward the commonwealth and all of you, may be requited to me on the present trial. I pray likewise—and this specially concerns yourselves, your religion, and your honor—that the gods may put it in your minds not to take counsel of my opponent touching the manner in which I am to be heard—that would, indeed, be cruel!—but of the laws and of your oath; wherein (besides the other obligations) it is prescribed that you shall hear both sides alike. This means, not only that you must pass no precondemnation, not only that you must extend your good-will equally to both, but also that you must allow the parties to adopt such order and course of defense as they severally choose and prefer.

Many advantages hath Aeschines over me on this trial; and two especially, men of Athens. First, my risk in the contest is not the same. It is assuredly not the same for me to forfeit your regard, as for my adversary not to succeed in his indictment. To me—but I will say nothing untoward at the outset of my address. The prosecution, however, is play to him. My second disadvantage is, that natural disposition of mankind to take pleasure in hearing invective and accusation, and to be annoyed by those who praise themselves. To Aeschines is assigned the part which gives pleasure; that which is (I may fairly say) offensive to all, is left for me. And if, to escape from this, I make no mention of what I have done, I shall appear to be without defense against his charges, without proof of my claims to honor; whereas, if I proceed to give an account of my conduct and measures, I shall be forced to speak frequently of myself. I will endeavor then to do so with all becoming modesty; what I am driven to by the necessity of the case will be fairly chargeable to my opponent, who has instituted such a prosecution.

I think, men of the jury, you will all agree that I, as well as Ctesiphon, am a party to this proceeding, and that it is a matter of no less concern to me. It is painful and grievous to be deprived of anything, especially by the act of one’s enemy; but your good-will and affection are the heaviest loss, precisely as they are the greatest prize to gain.

Such being the matters at stake in this cause, I conjure and implore you all alike, to hear my defense to the charge in that fair manner which the laws prescribe—laws, to which their author, Solon, a man friendly to you and to popular rights, thought that validity should be given, not only by the recording of them, but by the oath of you, the jurors; not that he distrusted you, as it appears to me, but, seeing that the charges and calumnies, wherein the prosecutor is powerful by being the first speaker, cannot be got over by the defendant, unless each of you jurors, observing his religious obligation, shall work with like favor receive the arguments of the last speaker, and lend an equal and impartial ear to both, before he determines upon the whole case.

As I am, it appears, on this day to render an account both of my private life and my public measures, I would fain, as in the outset, call upon the gods to my aid; and in your presence I implore them, first, that the good-will which I have ever cherished toward the commonwealth and all of you may be fully requited to me on the present trial; next, that they may direct you to such a decision upon this indictment as will conduce to your common honor, and to the good conscience of each individual.

Had Aeschines confined his charge to the subject of the prosecution, I, too, would have proceeded at once to my justification of the decree. But since he has wasted now fewer words in the discussion of other matters, in most of them calumniating me, I deem it both necessary and just, men of Athens, to begin by shortly adverting to these points, that none of you may be induced by extraneous arguments to shut your ears against my defense of the indictment.

To all his scandalous abuse of my private life, observe my plain and honest answer. If you know me to be such as he alleged—for I have lived nowhere else but among you—let not my voice be heard, however transcendent my statesmanship! Rise up this instant and condemn me! But if, in your opinion and judgment, I am far better and of better descent than my adversary; if (to speak without offense) I am not inferior, I or mine, to any respectable citizens; that give no credit to him for his other statements—it is plain they were all equally fictions—but to me let the same good-will, which you have uniformly exhibited upon many former trials, be manifested now. With all your malice, Aeschines, it was very simple to suppose that I should turn from the discussion of measures and policy to notice your scandal. I will do no such thing; I am not so crazed. Your lies and calumnies about my political life I will examine forthwith; for that loose ribaldry I shall have a word hereafter, if the jury desire to hear it.

The crimes whereof I am accused are many and grievous; for some of them the laws enact heavy—most severe penalties. The scheme of this present proceeding includes a combination of spiteful insolence, insult, railing, aspersion, and everything of the kind; while for the said charges and accusations, if they were true, the state has not the means of inflicting an adequate punishment, or anything like it. For it is not the right to debar another of access to the people and privilege of speech; moreover, to do so by way of malice and insult—by Heaven! is neither honest, nor constitutional, nor just. If the crimes which he saw me committing against the State were as heinous as he so tragically gave out, he ought to have enforced the penalties of the law against them at the time; if he saw me guilty of an impeachable offense, by impeaching and so bringing me to trial before you; if moving illegal decrees, by indicting me for them. For surely if he can prosecute Ctesiphon on my account, he would not have forborne to indict me myself, had he thought he could convict me. In short, whatever else he saw me doing to your prejudice, whether mentioned or not mentioned in his catalogue of slander, there are laws for such things, and punishments, and trials, and judgments, with sharp and severe penalties; all of which he might have enforced against me: and had he done so—had he thus pursued the proper method with me, his charges would have been consistent with his conduct. But now he has declined the straightforward and just course, avoided all proofs of guilt at the time, and after this long interval gets up, to play his part withal, a heap of accusation, ribaldry, and scandal. Then he arraigns me, but prosecutes the defendant. His hatred of me he makes the prominent part of the whole contest; yet, without having ever met me upon that ground, he openly seeks to deprive a third party of his privileges. Now, men of Athens, besides all the other arguments that may be urged in Ctesiphon’s behalf, this, methinks, may very fairly be alleged—that we should all try our own quarrel by ourselves; not leave our private dispute, and look what third party we can damage. That surely were the height of injustice.

It may appear, from what has been said, that all his charges are alike unjust and unfounded in truth; yet I wish to examine them separately, and especially his calumnies about the peace and the embassy, where he attributed to me the acts of himself and Philocrates. It is necessary also, and perhaps proper, men of Athens, to remind you how affairs stood at those times, that you may consider every single measure in reference to the occasion.

When the Phocian war had broken out—not through me, for I had not then commenced public life—you were in this position: you wished the Phocians to be saved, though you saw they were not acting right; and would have been glad for the Thebans to suffer anything, with whom for a just reason you were angry; for they had not borne with moderation their good fortune at Leuctra. The whole of Peloponnesus was divided: they that hated the Lacedaemonians were not powerful enough to destroy them; and they that ruled before by Spartan influence were not masters of the states: among them, as among the rest of the Greeks, there was a sort of unsettled strife and confusion. Philip, seeing this—it was not difficult to see—lavished bribes upon the traitors in every state, embroiled and stirred them all up against each other; and so, by the errors and follies of the rest, he was strengthening himself, and growing up to the ruin of all. But when every one saw that the then overbearing, but now unfortunate, Thebans, harassed by so long a war, must of necessity have recourse to you, Philip, to prevent this, and obstruct the union of the states, offered to you peace, to them succor. What helped him then almost to surprise you in a voluntary snare? The cowardice, shall I call it? or ignorance—or both—of the other Greeks, who while you were waging a long and incessant war—and that, too, for their common benefit, as the event has shown—assisted you neither with money nor men, nor anything else whatsoever. You, being justly and naturally offended with them, lent a willing ear to Philip.

The peace then granted was through such means brought about, not through me, as Aeschines calumniously charged. The criminal and corrupt practice of these men during the treaty will be found, on fair examination, to be the cause of our present condition. The whole matter am I for truth’s sake discussing and going through; for, let there appear to be ever so much criminality in these transactions, it is surely nothing to me. The first who spoke and mentioned the subject of peace was Aristodemus the actor; the seconder and mover, fellow-hireling for that purpose with the prosecutor, was Philocrates the Agnusian—your associate, Aeschines, not mine, though you should burst with lying. Their supporters—from whatever motives—I pass that by for the present—were Eubulus and Cephisophon. I had nothing to do with it.

Notwithstanding these facts, which I have stated exactly according to the truth, he ventured to assert—to such a pitch of impudence had he come—that I, besides being author of the peace, had prevented the country making it in a general council with the Greeks. Why, you—I know not what name you deserve!—when you saw me robbing the state of an advantage and connection so important as you described just now, did you ever express indignation? did you come forward to punish and proclaim what you now charge me with? If, indeed, I had been bribed by Philip to prevent the conjunction of the Greeks, it was your business not to be silent, but to cry out, to protest, and inform the people. But you never did so—your voice was never heard to such a purpose, and no wonder; for at that time no embassy had been sent to any of the Greeks—they had all been tested long before; and not a word of truth upon the subject has Aeschines spoken.

Besides, it is the country that he most traduces by his falsehoods. For, if you were at the same time calling on the Greeks to take arms and sending your own ambassadors to treat with Philip for peace, you were performing the part of an Eurybatus, not the act of a commonwealth, or of honest men. But it is false, it is false. For what purpose could ye have sent for them at that period? For peace? They all had it. For war? You were yourselves deliberating about peace. It appears, therefore, I was not the adviser or the author of the original peace; and none of his other calumnies against me are shown to be true.

Observe again, after the state had concluded the peace, what line of conduct each of us adopted. Hence you will understand who it was that coöperated in everything with Philip, who that acted in your behalf, and sought the advantage of the commonwealth.

I moved in the council, that our ambassadors should sail instantly for whatever place they heard Philip was in, and receive his oath: they would not, however, notwithstanding my resolution. What was the effect of this, men of Athens? I will explain. It was Philip’s interest that the interval before the oaths should be as long as possible; yours, that it should be as short. Why? Because you discontinued all your warlike preparations, not only from the day of swearing peace, but from the day you conceived hopes of it; a thing which Philip was from the beginning studious to contrive, believing—rightly enough—that whatever of your possessions he might take before the oath of ratification he should hold securely; as none would break the peace on such account. I, men of Athens, foreseeing and weighing these consequences, moved the decree, to sail for whatever place Philip was in, and receive his oath without delay; so that your allies, the Thracians, might be in possession of the places which Aeschines ridiculed just now (Serrium, Myrtium, and Ergisce), at the time of swearing the oaths; and that Philip might not become master of Thrace by securing the post of vantage, nor provide himself with plenty of money and troops to facilitate his further designs. Yet this decree he neither mentions nor reads; but reproaches me, because, as Councillor, I thought it proper to introduce the ambassadors. Why, what should I have done? Moved not to introduce men who were come for the purpose of conferring with you? or ordered the Manager not to assign them places at the theatre? They might have had places for their two obols, if the resolution had not been moved. Was it my duty to guard the petty interests of the state, and have sold our main interests like these men? Surely not. Take and read me this decree, which the prosecutor, knowing it well, passed over. Read!

The Decree

“In the Archonship of Mnesiphilus, on the thirteenth of Hecatombaeon, in the presidency of the Pandionian tribe, Demosthenes, son of Demosthenes of Paeania, moved: Whereas, Philip hath sent ambassadors for peace, and hath agreed upon articles of treaty, it is resolved by the Council and people of Athens, in order that the peace voted in the first assembly may be ratified, to choose forthwith from the whole body of Athenians five ambassadors; and that the persons elected do repair, without any delay, wheresoever they shall ascertain that Philip is, and as speedily as may be exchange oaths with him, according to the articles agreed on between him and the Athenian people, comprehending the allies of either party. For ambassadors were chosen, Eubulus of Anaphlystus, Aeschines of Cothocidae, Cephisophon of Rhamnus, Democrates of Phyla, Cleon of Cothocidae.”

Notwithstanding that I had passed this decree for the advantage of Athens, not that of Philip, our worthy ambassadors so little regarded it as to sit down in Macedonia three whole months, until Philip returned from Thrace after entirely subjugating the country; although they might in ten days, or rather in three or four, have reached the Hellespont and saved the fortresses, by receiving his oath before he reduced them: for he would never have touched them on our presence, or we should not have sworn him; and thus he would have lost the peace, and not have obtained both the peace and the fortresses.

Such was the first trick of Philip, the first corrupt act of these accursed miscreants, in the embassy: for which I avow that I was and am and ever will be at war and variance with them. But mark another and still greater piece of villainy immediately after. When Philip had sworn to the peace, having secured Thrace through these men disobeying my decree, he again bribes them not to leave Macedonia until he had got all ready for his expedition against the Phocians. His fear was, if they reported to you his design and preparation for marching, you might sally forth, sail round with your galleys to Thermopylae as before, and block up the strait; his desire, that, the moment you received the intelligence from them, he should have passed Thermopylae, and you be unable to do anything. And in such terror and anxiety was Philip, lest, notwithstanding he had gained these advantages, if you voted succor before the destruction of the Phocians, his enterprise should fail, he hires this despicable fellow, no longer in common with the other ambassadors, but by himself individually, to make that statement and report to you, by which everything was lost.

I conjure and beseech you, men of Athens, throughout the trial to remember this: that, if Aeschines in his charge had not travelled out of the indictment, neither would I have spoken a word irrelevant; but since he has resorted to every species both of accusation and calumny, it is necessary for me to reply briefly to each of his charges.

What, then, were the statements made by Aeschines, through which everything was lost? That you should not be alarmed by Philip’s having passed Thermopylae—that all would be as you desired, if you kept quiet; and in two or three days you would hear he as their friend to whom he had come as an enemy, and their enemy to whom he had come as a friend—it was not words that cemented attachments (such was his solemn phrase), but identity of interest; and it was the interest of all alike, Philip, the Phocians, and you, to be relieved from the harshness and insolence of the Thebans. His assertions were heard by some with pleasure, on account of the hatred which then subsisted against the Thebans. But what happened directly, almost immediately, afterwards? The wretched Phocians were destroyed, their cities demolished; you that kept quiet, and trusted to Aeschines, were shortly bringing in your effects out of the country, while Aeschines received gold; and yet more—while you got nothing but your enmity with the Thebans and Thessalians, Philip won their gratitude for what he had done. To prove what I say, read me the decree of Callisthenes, and the letter of Philip, from both of which these particulars will be clear to you.


These and like measures, Aeschines, are what become an honorable citizen (by their success—O earth and heaven! we should have been the greatest of people incontestably, and deserved to be so: even under their failure the result is glory, and no one blames Athens or her policy; all condemn fortune that so ordered things); but never will he desert the interests of the commonwealth, nor hire himself to her adversaries, and study the enemy’s advantage, instead of his country’s; nor on a man who has courage to advise and propose measures worthy of the state, and resolution to persevere in them, will he cast an evil eye, and, if any one privately offends him, remember and treasure it up; no, nor keep himself in a criminal and treacherous retirement, as you so often do. There is indeed a retirement just and beneficial to the state, such as you, the bulk of my countrymen, innocently enjoy; that, however, is not the retirement of Aeschines; far from it. Withdrawing himself from public life when he pleases (and that is often), he watches for the moment when you are tired of a constant speaker, or when some reverse of fortune has befallen you, or anything untoward has happened (and many are the casualties of human life); at such a crisis he springs up an orator, rising from his retreat like a wind; in full voice, with words and phrases collected, he rolls them out audibly and breathlessly, to no advantage or good purpose whatsoever, but to the detriment of some or other of his fellow-citizens and to the general disgrace.

Yet from this labor and diligence, Aeschines, if it proceeded from an honest heart, solicitous for your country’s welfare, the fruits should have been rich and noble and profitable to all—alliances of states, supplies of money, conveniences of commerce, enactment of useful laws, opposition to our declared enemies. All such things were looked for in former times; and many opportunities did the past afford for a good man and true to show himself; during which time you are nowhere to be found, neither first, second, third, fourth, fifth, nor sixth—nor in any rank at all—certainly in no service by which your country was exalted. For what alliance has come to the state by your procurement? What succors, what acquisition of good will or credit? What embassy or agency is there of yours, by which the reputation of the country has been increased? What concern, domestic, Hellenic, or foreign, of which you have had the management, has improved under it? What galleys? what ammunition? what arsenals? what repair of walls? what cavalry? What in the world are you good for? What assistance in money have you ever given, either to the rich or the poor, out of public spirit or liberality? None. But, good sir, if there is nothing of this, there is at all events zeal and loyalty. Where? when? You infamous fellow! Even at a time when all who ever spoke upon the platform gave something for the public safety, and last Aristonicus gave the sum which he had amassed to retrieve his franchise, you neither came forward nor contributed a mite—not from inability—no! for you have inherited above five talents from Philo, your wife’s father, and you had a subscription of two talents from the chairmen of the Boards for what you did to cut up the navy law. But, that I may not go from one thing to another and lose sight of the question, I pass this by. That it was not poverty prevented your contributing, already appears: it was, in fact, your anxiety to do nothing against those to whom your political life is subservient. On what occasion, then, do you show your spirit? When do you shine out? When aught is to be spoken against your countrymen!—then it is you are splendid in voice, perfect in memory, an admirable actor, a tragic Theocrines.

You mention the good men of olden times; and you are right to do so. Yet it is hardly fair, O Athenians, that he should get the advantage of that respect which you have for the dead, to compare and contrast me with them—me who am living among you; for what mortal is ignorant that toward the living there exists always more or less of ill will, whereas the dead are no longer hated even by an enemy? Such being human nature, am I to be tried and judged by the standard of my predecessors? Heaven forbid! It is not just or equitable, Aeschines. Let me be compared with you, or any persons you like of your party who are still alive. And consider this—whether it is more honorable and better for the state, that because of the services of a former age, prodigious though they are beyond all power of expression, these of the present generation should be unrequited and spurned, or that all who give proof of their good intentions should have their share of honor and regard from the people? Yet indeed—if I must say so much—my politics and principles, if considered fairly, will be found to resemble those of the illustrious ancients, and to have had the same objects in view, while yours resemble those of their calumniators: for it is certain there were persons in those times who ran down the living, and praised people dead and gone, with a malignant purpose like yourself.

Two things, men of Athens, are characteristic of a well-disposed citizen: so may I speak of myself and give the least offense: In authority, his constant aim should be the dignity and pre-eminence of the commonwealth; in all times and circumstances his spirit should be loyal. This depends upon nature; power and might upon other things. Such a spirit, you will find, I have ever sincerely cherished. Only see, when my person was demanded—when they brought Amphictyonic suits against me—when they menaced—when they promised—when they set these miscreants like wild beasts upon me—never in any way have I abandoned my affection for you. From the very beginning I chose an honest and straightforward course in politics, to support the honor, the power, the glory of my fatherland, these to exalt, in these to have my being. I do not walk about the market place gay and cheerful because the stranger has prospered, holding out my right hand and congratulating those who I think will report it yonder, and on any news of our own success shudder and groan and stoop to the earth, like these impious men, who rail at Athens, as if in so doing they did not rail at themselves; who look abroad, and if the foreigner thrives by the distress of Greece, are thankful for it, and say we should keep him so thriving all the time.

Never, O ye gods, may those wishes be confirmed by you! If possible, inspire even in these men a better sense and feeling! But if they are indeed incurable, destroy them by themselves; exterminate them on land and sea; and for the rest of us, grant that we may speedily be released from our present fears, and enjoy a lasting deliverance.