Presently Euryptolemus, the son of Peisianax, and others served a notice of indictment on Callixenus, insisting that his proposal was unconstitutional, and this view of the case was applauded by some members of the assembly. But the majority kept crying out that it was monstrous if the people were to be hindered by any stray individual from doing what seemed to them right. And when Lysicus, embodying the spirit of those cries, formally proposed that if these persons would not abandon their action, they should be tried by the same vote along with the generals: a proposition to which the mob gave vociferous assent; and so these were compelled to abandon their summonses. Again, when some of the Prytanes[7] objected to put a resolution to the vote which was in itself unconstitutional, Callixenus again got up and accused them in the same terms, and the shouting began again. "Yes, summons all who refuse," until the Prytanes, in alarm, all agreed with one exception to permit the voting. This obstinate dissentient was Socrates, the son of Sophroniscus, who insisted that he would do nothing except in accordance with the law.[8] After this Euryptolemus rose and spoke in behalf of the generals. He said:--
[7] Prytanes--the technical term for the senators of the presiding tribe, who acted as presidents of the assembly. Their chairman for the day was called Epistates.
[8] For the part played by Socrates see further Xenophon's "Memorabilia," I. i. 18; IV. iv. 2.
"I stand here, men of Athens, partly to accuse Pericles, though he is a close and intimate connection of my own, and Diomedon, who is my friend, and partly to urge certain considerations on their behalf, but chiefly to press upon you what seems to me the best course for the State collectively. I hold them to blame in that they dissuaded their colleagues from their intention to send a despatch to the senate and this assembly, which should have informed you of the orders given to Theramenes and Thrasybulus to take forty-seven ships of war and pick up the shipwrecked crews, and of the neglect of the two officers to carry out those orders. And it follows that though the offence was committed by one or two, the responsibility must be shared by all; and in return for kindness in the past, they are in danger at present of sacrificing their lives to the machinations of these very men, and others whom I could mention. In danger, do I say, of losing their lives? No, not so, if you will suffer me to persuade you to do what is just and right; if you will only adopt such a course as shall enable you best to discover the truth and shall save you from too late repentance, when you find you have transgressed irremediably against heaven and your own selves. In what I urge there is no trap nor plot whereby you can be deceived by me or any other man; it is a straightforward course which will enable you to discover and punish the offender by whatever process you like, collectively or individually. Let them have, if not more, at any rate one whole day to make what defence they can for themselves; and trust to your own unbiased judgment to guide you to the right conclusion.
"You know, men of Athens, the exceeding stringency of the decree of Cannonus,[9] which orders that man, whosoever he be, who is guilty of treason against the people of Athens, to be put in irons, and so to meet the charge against him before the people. If he be convicted, he is to be thrown into the Barathron and perish, and the property of such an one is to be confiscated, with the exception of the tithe which falls to the goddess. I call upon you to try these generals in accordance with this decree. Yes, and so help me God--if it please you, begin with my own kinsman Pericles for base would it be on my part to make him of more account than the whole of the State. Or, if you prefer, try them by that other law, which is directed against robbers of temples and betrayers of their country, which says: if a man betray his city or rob a sacred temple of the gods, he shall be tried before a law court, and if he be convicted, his body shall not be buried in Attica, and his goods shall be confiscated to the State. Take your choice as between these two laws, men of Athens, and let the prisoners be tried by one or other. Let three portions of a day be assigned to each respectively, one portion wherein they shall listen to their accusation, a second wherein they shall make their defence, and a third wherein you shall meet and give your votes in due order on the question of their guilt or innocence. By this procedure the malefactors will receive the desert of their misdeeds in full, and those who are innocent will owe you, men of Athens, the recovery of their liberty, in place of unmerited destruction.[10]
[9] "There was a rule in Attic judicial procedure, called the psephism of Kannonus (originally adopted, we do not know when, on the proposition of a citizen of that name, as a psephism or decree for some particular case, but since generalised into common practice, and grown into great prescriptive reverence), which peremptorily forbade any such collective trial or sentence, and directed that a separate judicial vote should in all cases be taken for or against each accused party." Grote, "Hist. of Greece," vol. viii. p. 266 (2d ed.)
[10] Reading {adikos apolountai}.
"On your side, in trying the accused by recognised legal procedure, you will show that you obey the dictates of pious feeling, and can regard the sanctity of an oath, instead of joining hands with our enemies the Lacedaemonians and fighting their battles. For is it not to fight their battles, if you take their conquerors, the men who deprived them of seventy vessels, and at the moment of victory sent them to perdition untried and in the teeth of the law? What are you afraid of, that you press forward with such hot haste? Do you imagine that you may be robbed of the power of life and death over whom you please, should you condescend to a legal trial? but that you are safe if you take shelter behind an illegality, like the illegality of Callixenus, when he worked upon the senate to propose to this assembly to deal with the accused by a single vote? But consider, you may actually put to death an innocent man, and then repentance will one day visit you too late. Bethink you how painful and unavailing remorse will then be, and more particularly if your error has cost a fellow- creature his life. What a travesty of justice it would be if in the case of a man like Aristarchus,[11] who first tried to destroy the democracy and then betrayed Oenoe to our enemy the Thebans, you granted him a day for his defence, consulting his wishes, and conceded to him all the other benefits of the law; whereas now you are proposing to deprive of these same privileges your own generals, who in every way conformed to your views and defeated your enemies. Do not you, of all men, I implore you, men of Athens, act thus. Why, these laws are your own, to them, beyond all else you owe your greatness. Guard them jealously; in nothing, I implore you, act without their sanction.
[11] See below, II. iii; also cf. Thuc. viii. 90, 98.
"But now, turn for a moment and consider with me the actual occurrences which have created the suspicion of misconduct on the part of our late generals. The sea-fight had been fought and won, and the ships had returned to land, when Diomedon urged that the whole squadron should sail out in line and pick up the wrecks and floating crews. Erasinides was in favour of all the vessels sailing as fast as possible to deal with the enemy's forces at Mitylene. And Thrasylus represented that both objects could be effected, by leaving one division of the fleet there, and with the rest sailing against the enemy; and if this resolution were agreed to, he advised that each of the eight generals should leave three ships of his own division with the ten vessels of the taxiarchs, the ten Samian vessels, and the three belonging to the navarchs. These added together make forty- seven, four for each of the lost vessels, twelve in number. Among the taxiarchs left behind, two were Thrasybulus and Theramenes, the men who in the late meeting of this assembly undertook to accuse the generals. With the remainder of the fleet they were to sail to attack the enemy's fleet. Everything, you must admit, was duly and admirably planned. It was only common justice, therefore, that those whose duty it was to attack the enemy should render an account for all miscarriages of operations against the enemy; while those who were commissioned to pick up the dead and dying should, if they failed to carry out the instructions of the generals, be put on trial to explain the reasons of the failure. This indeed I may say in behalf of both parites. It was really the storm which, in spite of what the generals had planned, prevented anything being done. There are witnesses ready to attest the truth of this: the men who escaped as by a miracle, and among these one of these very generals, who was on a sinking ship and was saved. And this man, who needed picking up as much as anybody at that moment, is, they insist, to be tried by one and the same vote as those who neglected to perform their orders! Once more, I beg you, men of Athens, to accept your victory and your good fortune, instead of behaving like the desperate victims of misfortune and defeat. Recognise the finger of divine necessity; do not incur the reproach of stony-heartedness by discovering treason where there was merely powerlessness, and condemning as guilty those who were prevented by the storm from carrying out their instructions. Nay! you will better satisfy the demands of justice by crowning these conquerors with wreaths of victory than by punishing them with death at the instigation of wicked men."