Delphi Complete Works of Demosthenes

by Demosthenes

  It was not, then, only by you, Athenians, that Conon was honored for the services that I have described, but by many others, who rightly felt bound to show gratitude for the benefits they had received. And so it is to your dishonor, men of Athens, that in other states his rewards hold good, but of your rewards alone he is to lose this part. [72] Neither is this creditable — to honor him when living, with all the distinctions that have been recited to you, but when he is dead to take back some part of your former gifts. For many of his achievements, men of Athens, deserve praise, and all of them make it improper to revoke the gifts they earned for him, but the noblest deed of all was his restoration of the Long Walls. [73] You will realize this if you compare the way in which Themistocles, the most famous man of his age, accomplished the same result. Now history tells us that Themistocles bade his countrymen get on with the building and detain anyone who came from Sparta, while he went off himself on an embassy to the Lacedaemonians; and while negotiations went on there and the news kept coming that the Athenians were fortifying, he denied it and told them to send envoys to see for themselves, and when these envoys did not return, he urged them to send more. Indeed, I expect you have all heard the story of how he hoodwinked them. [74] Now I assert — and I earnestly appeal to you, Athenians, not to take offence at what is coming, but to consider whether it is true — I assert that in proportion as openness is better than secrecy, and it is more honorable to gain one’s end by victory than by trickery, so Conon deserves more credit than Themistocles for building the walls. For the latter achieved it by evading those who would have prevented it, but the former by beating them in battle. Therefore it is not right that so great a man should be wronged by you, or should gain less than those orators who will try to prove that you ought to deduct something from what was bestowed on him. [75]

  Very well. But, they will say, we may let the son of Chabrias be robbed of the immunity which his father justly received from you and bequeathed to him. But I am sure there is not a single right-minded man who would approve of that. Now, perhaps you know, even without any words from me, that Chabrias was a man of high character; yet there is no harm if I too recall briefly his achievements. [76] How skilfully, as your commander, he drew up your ranks at Thebes to face the whole power of the Peloponnese, how he slew Gorgopas in Aegina, what trophies he set up in Cyprus and afterwards in Egypt, how he visited, I might almost say, every land, yet nowhere disgraced our city’s name or his own — of all these exploits it is by no means easy to speak adequately, and it would be a great shame if my words should make them fall below the estimate of him which each one of you has formed in his own mind. But of some, which I think I could never belittle in describing them, I will try to remind you. [77] Now, he beat the Lacedaemonians in a sea-fight and took forty-nine warships; he captured most of the islands near and handed them over to you, turning their previous enmity into friendship; he brought to Athens three thousand captives, and paid into the treasury more than a hundred and ten talents taken from the enemy. And in all these facts some of the oldest among you can bear me out. But in addition, he captured more than twenty warships, one or two at a time, and brought them all into your harbors. [78] To sum up; he alone of all our generals never lost a city, a fort, a ship, or a man, as long as he led you; and none of your enemies can boast a single trophy won from you and him, while you possess many won from many enemies while he was your general. But for fear lest my speech should omit any of his exploits, the clerk shall read to you an inventory of all the ships he took and where he took each, the number of cities and the amount of treasure captured, and the place where he set up each trophy. Read.” Deeds of Chabrias “ [79]

  Does it seem to any of you, gentlemen of the jury, that this man, who captured so many cities and ships from your enemies by his victories on sea, and who was the source of so much honor, but never of disgrace, to your city, deserves to be deprived of the immunity which he obtained at your hands and bequeathed to his son? I cannot believe it, for it is out of all reason. Had he lost a single city or as few as ten ships, Leptines and his supporters would have impeached him for high treason, and if he had been convicted, he would have been a ruined man for ever. [80] But since, on the contrary, he took seventeen cities, and captured seventy ships and three thousand prisoners, and paid into the treasury a hundred and ten talents, and set up so many trophies, in that case shall not his rewards for these services stand good? Moreover, Athenians, it will be seen that Chabrias during his lifetime did everything in your behalf, and that he met death itself in no other service; so that for this, as well as for all that he did in his life, you ought to show yourselves generously disposed to his son. [81] Then this too, Athenians, demands your consideration — that we must not prove less generous than the Chians in our treatment of our benefactors. For if they, against whom Chabrias carried arms as an enemy, have not now revoked any of their former gifts, but have made ancient services outweigh recent offences, while you, in whose cause he marched against them to his death, so far from honoring him the more on that account, are even going to rob him of part of the reward of his past services, how will you escape the ignominy that you deserve? [82]

  Moreover, should the son be robbed of part of his reward, his treatment would be undeserved in view of the fact that no man’s child was ever orphaned through the fault of Chabrias, though he frequently led you in war, but the boy himself has grown up an orphan, just because of his father’s devotion to your cause. For to me he seems truly to have been such a staunch patriot, that though reputed to be the most cautious of commanders, as indeed he was, it was for your sake that he displayed that quality whenever he led you, but for his own sake, when he found himself assigned to the post of danger, he forgot all his caution and preferred to lay down his life rather than tarnish the honors that you had bestowed. [83] After that, are we to rob the son of those honors which inspired the father to conquer or to die? And what shall we say, men of Athens, when the trophies that he set up as general in your name stand plain for all men to see, but a part of the reward for those trophies is found to have been filched away? Will you not observe, men of Athens, and reflect that today we are not judging the law, to see whether it is suitable or not? It is you who are under examination, to see whether you are suitable persons to receive benefits in the future or whether you are not. [84]

  Turn now to the decree passed in honor of Chabrias. Just look and see; it must be somewhere there.

  There is one thing further that I want to say about Chabrias. You, Athenians, in honoring Iphicrates, honored not only him but also on his account Strabax and Polystratus; and again, when giving your reward to Timotheus, you also for his sake rewarded Clearchus and some others with the citizenship; [85] but in the case of Chabrias your honors were for him alone. Now, if at the time when he was receiving his reward, he had claimed that as you had rewarded others for the sake of Iphicrates and Timotheus, so for his sake you should reward some of those men who have actually received the immunity, but to whom our opponents object so strongly that they want all alike to be deprived of it, would you not have granted him that boon? I cannot doubt it. [86] For his sake you would have rewarded them then; yet now, on their account, will you take away the immunity from Chabrias himself? Why, that is absurd! For it is inconsistent to seem so generous, when the benefits are recent, that you honor not the benefactors only but their friends as well, but, when a short time has elapsed, to take away even the rewards that you have given to the benefactors.” Decrees on the Honors of Chabrias “ [87]

  So these whose names you have heard, as well as many others, are the men whom you will injure if you do not repeal the law. Just reflect and ponder in your own minds, if any of these men now passed away could somehow come to know of the present proceedings, what just ground they would have for indignation! For if of the deeds that each wrought for your advantage there is to be a judgement based on words, if actions nobly performed by them, unless nobly avowed by us in speech, have been wrought in vain for a
ll their toil, are they not suffering a terrible wrong? [88]

  Now, to satisfy you, Athenians, that every argument that we submit to you is based on perfectly just grounds, and that not a single argument is intended to mislead and deceive you, the clerk shall read the law drafted and proposed by us to take the place of the present one, which we contend is mischievous. For our law will show you that we take some care to ensure that you shall be saved from the appearance of a dishonorable act; that if anyone objects to one of the recipients, he can deprive him of his gift, if the objection is sound, after trial in your courts; and also that those whose claim to the gifts none could dispute shall keep them. [89] And in all this there is nothing new, no innovation of our own; but the old law, transgressed by Leptines, lays down this procedure in legislation, that if a man disapproves of an existing law, he shall bring an indictment against it, but shall himself introduce an alternative, such as he proposes to enact after repeal of the other, and that you, after hearing arguments, shall choose the better law. [90] For Solon, who imposed this method, did not think it right that while the junior archons, who are appointed by lot to administer the laws, undergo two scrutinies before entering on office, one in the Council and a second in the law-courts before you, the laws themselves, which regulate their official acts and all other civic duties, should be passed at haphazard to meet some emergency, and should be at once valid without passing a scrutiny. [91] For in those days, indeed, while they legislated in that way, they kept to the existing laws and were not always proposing new ones; but ever since certain statesmen rose to power and, as I am informed, contrived to get into their own hands the right to initiate legislation at any time and in any way they wished, there are so many contradictory statutes that for a long time you have had to appoint a commission to sort out the contradictory ones; [92] yet in spite of this the business never comes to an end. Our laws are no better than so many decrees; nay, you will find that the laws which have to be observed in drafting the decrees are later than the decrees themselves. Not to be content, then, with a bare assertion, but to show you the actual law to which I refer, please take and read the law constituting the original legislative commission. “ Law “ [93]

  You understand, Athenians, the beauty of Solon’s directions for legislating. The first stage is in your courts, before men under oath, where all other ratifications are made; the next is the repeal of the contradictory laws, so that there may be only one law dealing with each subject, and that the plain citizen may not be puzzled by such contradictions and be at a disadvantage compared with those who are acquainted with the whole body of law, but that all may have the same ordinances before them, simple and clear to read and understand. [94] Moreover, before these proceedings, Solon ordered that the laws should be exposed before the statues of the eponymous heroes and handed in to the town-clerk to recite them at the meetings of the Assembly, so that each of you may hear them more than once and digest them at leisure, and if they are just and expedient, may add them to the statute-book. Now, numerous as those enactments are, Leptines yonder has observed not one of them, for, if he had, I do not think that you would ever have consented to pass his law. We on the other hand, Athenians, have observed them all, and we are submitting a much better and more equitable law than his. You will realize that when you hear it. [95] Take and read first of all the clauses of his law which we have indicted, and next the clauses we propose to substitute for them. Read.” Law “

  These are the parts of the law of Leptines which we arraign as unsatisfactory. Next in order read our proposed amendments. Pray attend, gentlemen of the jury, to these as they are recited. Read.” Law “ [96]

  Stop there. The laws now in force contain this provision — a capital one, men of Athens, and unambiguous — that “all rewards granted by the people shall be valid.” Equitable too, by all the powers! So Leptines should not have proposed his own law until he had indicted and repealed this. As it is, neglecting proof of his own violation of the law, he nevertheless proceeded to legislate, in face of the fact that another law proclaims his law indictable for this very offence, namely, for contradicting previous legislation. Here is the very law in question.” Law “ [97]

  Men of Athens, is not the provision that “all rewards granted by the people shall be valid” contradicted by the clause that “no one shall be immune,” no one, that is, of those to whom the people has granted immunity? That is plain enough, at any rate. But it is not so in the alternative law which my friend here proposes, and which confirms what you have granted, and provides a fair ground of action against those who have imposed upon you, or have subsequently injured you, or are generally undeserving; so that you will thus prevent anyone you please from retaining his grant. Read the law.” Law “ [98]

  You hear the law, Athenians, and you understand that it enables the deserving to retain their rewards, and those who are judged otherwise to be deprived of any privilege they have unjustly secured; for the future everything is left in your hands, as is right, to grant or to withhold. Now I do not think that Leptines will deny that this law is sound and just, or, if he does, that he will be able to prove it. But perhaps he will try to lead you astray by repeating what he said before the junior archons. For he alleged that the publication of this amended law was a mere trick, and that should his own law be repealed, this one would never be passed. [99] Now, to avoid dispute, I will not press the point that the old law of Solon, in accordance with which the junior archons have notified these amendments to you, clearly enjoins that if the law of Leptines is repealed by your vote, the alternative law shall be valid. I will pass to another point. Leptines, in saying this, obviously admits that our law is better and fairer than his own, but bases his argument on the way in which it is to be passed. [100] Now, in the first place, there are many ways open to him, if he wishes, of compelling the amender to introduce his own law. In the next place, Phormio and myself and anyone else he likes to name are prepared to guarantee that we will introduce it. You know there is a law making death the penalty for anyone who breaks his promise to the Assembly or one of the Councils or law-courts. You have our guarantee, our promise. Let the archons record it, and let the matter rest in their hands. [101] Neither do anything that is unworthy of this court, nor, if a worthless person is found among those who enjoy the grant, let him keep it; only let each case be judged on its merits. But if Leptines shall say that that is all talk and humbug, this at any rate is not mere talk; let him bring in the amended law himself and cease to say that we will not do so. It is surely a greater honor to propose the law, stamped with your approval, than this of his own devising. [102]

  It seems to me, Athenians, that Leptines — and pray, be not angry, for I am not going to say anything offensive about you — Leptines has either never read Solon’s laws or else does not understand them. For if Solon made a law that every man could grant his property to whomsoever he pleased, in default of legitimate offspring, not with the object of depriving the next of kin of their rights of consanguinity, but that by making the prize open to all he might excite a rivalry in doing good one to another; [103] and if you, on the contrary, have proposed a law that the people shall not be permitted to bestow on any man any part of what is their own, how can you be said to have read or understood the laws of Solon? You make the nation barren of would-be patriots by proclaiming unmistakably that those who benefit us shall gain nothing by it. [104] Again, there is another excellent law of Solon, forbidding a man to speak ill of the dead, even if he is himself defamed by the dead man’s children. You do not speak ill of our departed benefactors, Leptines; you do ill to them, when you blame one and assert that another is unworthy, though these charges have nothing to do with the dead men. Are you not very far from the intention of Solon? [105]

  Now I have been quite seriously informed that with regard to the absolute prohibition of all rewards, whatever a man’s services may be, our opponents are prepared to use some such argument as this. The Lacedaemonians, who are a well-organized state, and
the Thebans grant no such reward to any of their citizens, and yet possibly there are some good men among them. In my opinion, men of Athens, all such arguments are provocative, and intended to persuade you to abolish the immunities, but just they are certainly not. For I am quite aware that the Thebans and the Lacedaemonians and ourselves do not observe the same laws and customs, nor the same form of government. [106] For in the first place, if this is their argument, they are about to do exactly what a man cannot do at Sparta — praise the laws of Athens or of any other state; nay, so far from that, he is obliged to praise, as well as do, whatever accords with his native constitution. Then again, though the Lacedaemonians do not hold with these customs, yet there are other honors at Sparta, which our citizens to a man would shrink from introducing here. [107] What, then, are those honors? Not to take each singly, I will describe one which comprises all the rest. Whenever a man for his good conduct is elected to the Senate, or Gerusia, as they call it, he is absolute master of the mass of citizens. For at Sparta the prize of merit is to share with one’s peers the supremacy in the State; but with us the people is supreme, and any other form of supremacy is forbidden by imprecations and laws and other safeguards, but we have crowns of honor and immunities and free maintenance and similar rewards, which anyone may win, if he is a good citizen. [108] And both these customs are right enough, the one at Sparta and the other here. Why? Because in an oligarchy harmony is attained by the equality of those who control the State, but the freedom of a democracy is guarded by the rivalry with which good citizens compete for the rewards offered by the people. [109]