CHAPTER X.

THE MURDER OF THE GENERALS.

All this time a gloom had been settling down over the Athenian people.

The official despatch, which, as giving details of the loss in the late

engagement, was so anxiously expected, did not arrive; but quite enough

information to cause a very general anxiety came to hand in various

ways. Private letters from men serving with the fleet began to be

brought by merchantships; and not a few persons were found who had

talked or who professed to have talked with sailors and marines who had

taken part in the action. These written and oral accounts were indeed

far from being consistent with each other. Some were obviously

impossible; more were presumably exaggerated. But they were all agreed

in one point. Not only had there been a serious loss of ships and men

during the battle, but this loss had been grievously aggravated by the

casualties that had taken place after the battle. It was pretty clear,

unless the whole of these stories were fictitious, that the second loss

had been more fatal than the first.

At last the long expected despatch arrived. It ran somewhat in this

fashion:

“The victory which, by the favor of the gods and the good fortune of the

Athenian people, we lately won over the Spartans and their allies at

the Islands of Arginusæ has turned out to be no less important and

beneficial to the state than we had hoped it would be. The squadron of

the enemy that was blockading the harbor of Mitylene has disappeared:

nor indeed are any of his ships anywhere to be seen. Our fleet, on the

contrary, is stronger than it has been for some years past; and we are

daily receiving overtures of friendship from cities that have hitherto

been indifferent or hostile. But this success has not been achieved

without loss. The late battle was long and obstinately contested, and,

as has been mentioned in a former despatch, not a few of our ships were

either disabled or sunk. We did not neglect the duty of succoring the

crews of the vessels that had met with this ill-fortune, committing to

officers whom we knew to be competent, the task of giving such help and

assigning to them a sufficient number of ships. At the same time we did

not omit to make provision for a pursuit of the enemy. But unluckily

when the battle was but just finished, a storm arose so severe that we

could not either rescue our friends or pursue our enemy. These then

escaped, and those, or the greater part of them perished, having behaved

as brave men toward their country. Lists of those that have so died, so

far as their names are at present known, are sent herewith.”

In this official communication, it will be seen, no blame was laid on

any person. The weather, and the weather alone, was given as the cause

of the disaster that had occurred. But in their private communications

with friends at home the generals were not so reticent. They had

commissioned, they said, Theramenes and Thrasybulus to save the

shipwrecked men. If all that was possible had not been done to execute

this commission it was they and they only who were to be blamed. Such

words, even if they are intended only for the private reading of the

people to whom they are written, seldom fail sooner or later to get out.

In this case so many people were profoundly and personally interested in

the matter that they got out very soon. And, of course, among the first

persons whom they reached were the two incriminated officers, Theramenes

and Thrasybulus. It was a charge, hinted at if not exactly made, which

no man would allow to be made against him without at least an attempt to

refute it. Theramenes, who had come back on leave not many days after

the battle, at once bestirred himself in his own defense. He was an able

speaker, all the more able because he was utterly unscrupulous; and he

had a large following of personal friends and partisans. On the present

occasion he was reinforced by the many citizens who had lost relatives

or friends in the late engagement. These were furious and not without

some cause. What had been at first represented as a great victory had at

length turned out to be as fatal as a great defeat. They loudly demanded

a victim. Somebody, they said, must be punished for so scandalous, so

deadly a neglect. Theramenes had the advantage of being on the spot, and

of being able to guide these feelings in a way that suited his own

personal interests. “I was commissioned,” he said, “to do the work; I do

not deny it. But the charge was given me when it was almost too late to

execute it, and I hadn’t the proper means at hand. I could not get hold

of the ships that were told off for this task, or of the crews who

should have manned them. If one of the ten had come himself to help me,

things might have been different. As it was, the men either could not be

found, or refused to come. A subordinate must not be blamed for failing

in what ought to have been undertaken by a chief in command.”

These representations, in which, as has been seen, there was a certain

measure of truth, had a great effect. An assembly was held to consider

the contents of the second despatch, and at this it was resolved, with

scarcely an opposing voice, that the generals should be recalled. They

were publicly thanked for the victory which they had won, but they were

suspended, at least for the present, in their command, and successors

were sent out to replace them. Conon, as having been shut up at the time

in Mitylene, and being therefore manifestly clear of all blame in the

matter, was continued in office, and another of the ten had died. Eight,

therefore, were left to be affected by the decree. Of these eight two

determined not to run the risk of returning; the other six sailed at

once for home. Of these six Diomedon, about whom something has been said

already, was one.

As soon as was practicable after their arrival at Athens, an assembly

was held and they were called upon for their defence. The chief speaker

against them was Theramenes. His colleague, Thrasybulus, stood by

apparently approving by his presence the charge that was brought but not

opening his mouth. One man among the accused men might have easily

secured his own safety at the expense of his colleagues. If Diomedon had

stood up and recapitulated the advice which he had given in the council

held after the battle; if he had affirmed what none of his fellows

would have been able to deny, “I urged you to make the rescue of the

imperilled crews your first business, to use for it all the means at

your disposal, and to undertake it yourselves,” he must have been

triumphantly acquitted, but he was of too generous a temper thus to save

himself. He chose to stand or fall with his fellows. All, accordingly,

put forward the same defence, and it was in substance this: “We did what

seemed best in our judgment. We detailed for the duty of saving the

crews what we considered to be an adequate force, and put over it men

whom we knew to be competent. If Theramenes accuses us, we do not accuse

him. We believe that he was hindered from doing the duty intrusted to

him by the storm, and that if he had had double the number of ships,

even the whole fleet, at his disposal, he would have been no less

powerless to give the shipwrecked men any effectual help.”

There was a sincerity of tone about their defense which was just the

thing to win favor of such an audience as the Athenian assembly. There

were murmurs indeed. The friends and kinsfolk of the drowned men could

not endure to think that no one would be punished for what they believed

to be a shameful neglect. But the general applause drowned the

dissenting voices, and the friends of the accused began to hope that

they were safe. If there had been only a few more minutes of daylight,

such might have been the result. A show of hands was taken by the

presiding magistrate, and it was believed to be in favor of the accused,

but it was too dark to count; no regular decision could be made; and the

matter had to be adjourned to another meeting of the assembly.

But now came another change in the impulsive, passionate temper of the

people. The next day or the next day but one was the first of the great

family festival of Athens, the Apaturia, a celebration something like

the Christmas Day or the New Year’s Day of the modern world. It was one

of the most cherished, as it was one of the most ancient of the national

festivals. All the great Ionic race, with scarcely an exception, kept

it, and had kept it from times running back far beyond history. The

family annals were now, so to speak, made up, and consecrated by a

solemn association with the past. If a marriage had been celebrated in

the family during the year it was now formally registered; if a son of

the house had reached his majority his name was now entered upon the

roll. These formalities were duly marked by customary sacrificing and

sacrifices were accompanied, as always in the ancient world, by

festivities. But family festivities are apt, as most of us know only too

well, to be marred by melancholy associations. It is delightful to greet

those that remain, but what of those who are gone? And so it had been

year after year, since the day when Athens embarked on the fatal war

which for nearly thirty years drained her resources. So it was, in a

special way, in the year of which I am writing. The men whom Athens had

lost were not hired servants but sons. Every one, the slaves only

excepted, left an empty place in some family gathering. And now for the

first time the city realized the greatness of her loss. The numbers had

been known before; but numbers, however startling, do not impress the

mind like visible facts, and now the visible facts were before the eyes

of all. The streets were filled with men and women in mourning garb,

for the families which had suffered individually assumed it. It seemed

as if almost every passer by had lost a kinsman. There could scarcely

have been any such proportion of mourners, but any uniform garb renders

the impression of being much more numerously worn than is really the

case.

And there can be but little doubt that the demonstration was purposely

exaggerated. For now came in the sinister influence of political strife,

which since the oligarchical revolution of five years before had grown

more than ever bitter and intense. The accused leaders belonged to the

party of moderate aristocrats; a party loyal to the democratic

constitution of Athens, but disposed to interpret its provisions in a

conservative sense. The oligarchy hated them, and Theramenes had been an

oligarchical conspirator before, and was about to be again. And the

extremists on the other side hated them. Between the two a plot was

concocted. Men who had no kinsfolk among the lost soldiers and sailors

were bribed or otherwise persuaded to behave as if they had,[36] to come

into the streets with black clothes and shaven heads, and to swell the

numbers of the mourners, thus increasing the popular excitement.

Strangely enough it was the senate, the upper chamber of the Athenian

constitution that first gave this excitement an expression. At the first

meeting after the festival, Callixenus, a creature of Theramenes--the

man himself was probably too notorious to take an active part--proposed

a resolution which ran as follows:

“For as much as both the parties in this case, to wit, the prosecutor,

on the one hand, and the accused, on the other were heard in the late

assembly, it seems good to us that the Athenian people now vote on the

matter by their tribes, there being provided for each tribe two urns,

and that the public crier make proclamation as follows in the hearing of

each tribe: ‘Let every one who finds the generals guilty of not rescuing

the heroes of the late sea fight deposit his vote in Urn No. 1. Let him

who is of the contrary opinion deposit his vote in Urn No. 2.’

Furthermore it seems good to us, that, if the aforesaid generals be

found guilty, death should be the penalty; that they should be handed

over to the Eleven,[37] and their property confiscated to the state,

excepting a tenth part, which falls to the goddess [Athene].”

The Senate passed this resolution, though there was a strong minority

that protested against it. The assembly was held next day, and

Callixenus came forward again and proposed his resolution as having

received the senate’s sanction.

It was received with a roar of approval from the majority. But there

were some honest men who were not inclined to sanction a proceeding so

grossly illegal, for such indeed it was. One of them, Euryptolemus by

name, rose in his place, and spoke:

“There is an enactment which for many years has been observed by the

people of Athens for the due protection of persons accused of crime. By

this enactment it is provided that every person so accused shall be

tried separately, and shall have proper time allowed him for the

preparation of his defence. Seeing then that the resolution just

proposed to the assembly contravenes this enactment by providing that

the accused persons should be tried altogether and without such

allowance of due time, I hereby give notice that I shall indict

Callixenus its proposer for unconstitutional action.”

A tremendous uproar followed the utterance of these words. “Who shall

hinder us from avenging the dead?” cried one man. “Shall this pedant

with his indictment stand between the Athenian people and their desire

to do justice?” shouted another. But the excitement rose to its height

when a man clad as a mariner forced his way through the crowded meeting,

and struggled by the help of his companions into the _Bema_, the

platform or hustings of the place of assembly.

It was a strange figure to stand in that place from which some of the

famous orators and statesmen of the world had addressed their

countrymen. He was evidently of the lowest rank. His dress was ragged

and soiled. His voice, when he spoke, was rough and uncultured. Yet not

Pericles himself who so often speaking from that place

“Had swayed at will that fierce democracy,”

ever spoke with more effect.

“Men of Athens,” he cried, “I was on the _Cheiron_. I was run down by a

Corinthian ship just before the battle came to an end. The _Cheiron_

sank immediately; I went down with her, but managed to get free, and

came up again to the surface of the water. I saw a meal-tub floating by

me, and caught hold of it. Some ten or twelve men were near me. They

kept themselves up for a time by swimming, but sank one by one. I spoke

to several of them, and bade them keep up their spirits, because the

admirals would be sure to rescue us. No help came. At last only one was

left. He was my brother-in-law. I made him lay hold of the other side of

the meal-tub; but it was not big enough to keep us both up. He let go of

it again. He said to me ‘Agathon’--that is my name--‘you have a wife and

children; I am alone. Bid them remember me; and tell the men of Athens

that we have done our best in fighting for our country, and that the

admirals have left us to perish.’”

Was the man telling the truth, or was he one of those historic liars

that have made themselves famous or infamous for all time by the

magnitude of the fictions that they have invented just at the critical

time when men were most ready to accept them.[38]

Whether it was true or false, the story roused the people to absolute

fury. Thousands stood up in their places and shook their fists at the

accused, and at the orators who had spoken in their favor, while they

screamed at the top of their voices, “Death to the generals! death to

the murderers!”

A momentary silence fell upon the excited crowd when a well-known orator

of the intense democratic party threw himself into the hustings.

“I propose that the names of Euryptolemus and of all those who have

given notice of the indicting Callixenus be added to the names of the

accused generals, and be voted upon in the same way for life and death.”

The speaker added no arguments; and the roars of approval that went up

from the assembly showed sufficiently that no arguments were needed. The

advocates of constitutional practice were cowed. It was only too plain

that to persist would surely be to meet themselves the fate of the

accused. Euryptolemus was a brave man, and as we shall soon see, did not

intend to desert his friends; but for the present he gave way. “I

withdraw my notice,” he cried, reflecting doubtless that he could renew

it when the people should become more ready to listen to reason and

justice. But there was still another constitutional bulwark to be thrown

down. The presiding magistrates refused to put the motion to the

assembly. Their chief (or chairman as we should call him) rose in his

place. He was pale and agitated, and his voice could not be heard beyond

the benches nearest to him when he said, “The motion of Callixenus is

against the laws, and we cannot put it to the assembly.”

“They refuse! they refuse!” was the cry that went from mouth to mouth.

Again the rage of the multitude rose to boiling point, and again the

popular orator saw his opportunity.

“I propose,” he said, appearing again in the hustings, “that the names

of the presiding magistrates be added to those of the accused in the

voting for life and death.”

A shout of approval more vehement than ever greeted this announcement.

Once more the policy of concession, or shall we say of cowardice

prevailed. The magistrates conversed a few moments in hurried whispers,

and then advanced to the railings in front of their seats. It was

immediately seen that they had yielded, and loud applause followed.

“Hail to the popular magistrates! Hail to the friends of the people!”

was the universal cry. But one was still sitting in his place. His

colleagues turned back to bring him. They talked, they gesticulated,

they laid hold of him by the arms; they were trying to force him out of

his seat. He heeded them not; to all persuasion he returned the same

answer: “I am set to administer the laws, and will do nothing that is

contrary to them.” The most of the house could, of course, hear nothing

of what was being said; but they could see plainly what had happened.

“Socrates refuses! Socrates refuses!” was now the cry, followed by

shouts of “Death to Socrates!” “Death to the blasphemer! death to the

atheist!”

The philosopher sat unmoved, and his colleagues made no further attempt

to persuade him. They took what was, perhaps, the only possible course

under the circumstances--for they had not all the martyr-like temper of

Socrates--and put the question without him. It was carried by a large

majority.

The presiding magistrate, having announced the result of the vote, went

on: “Seeing that it has seemed good to the Athenian people to try the

generals accused of negligence in saving the lives of citizens, the said

generals are hereby put upon their trial. If they, or any citizen on

their behalf, wish to address the assembly, let them or him speak.”

It might have been thought that the furious crowd which had been ready

to overpower with violence the advocates of constitutional practice

would have howled down any who dared to advocate so unpopular a cause.

But it was not so. The majority, having swept away, as they thought,

the trammels of technicality, in their eagerness for justice, had no

wish to disregard justice by refusing a hearing to persons on their

defense. Whatever the faults of the Athenian democracy, it was at least

ready to hear both sides. When therefore Euryptolemus rose to address

the assembly on behalf of the generals, an instantaneous silence

followed; nor was he interrupted during the delivery of his speech

except, it may be, by occasional murmurs of approval. He spoke as

follows:

“Men of Athens, I have three things to do now that I address you. First,

I have to blame in some degree my dear friend and kinsman Pericles, and

my friend Diomedon; second, I have to plead somewhat on their behalf;

third, I have to give you such advice as will in my judgment best

advantage Athens. I blame them because they, through their generous

temper, have taken upon themselves the fault which, if it exists, lies

upon others. For indeed what happened after the battle was this:

Diomedon advised that the whole fleet should proceed to the relief of

the disabled ships and their crews. Herasinides counselled that the

whole fleet should be sent in pursuit of the enemy. Meranylus declared

that both duties might be discharged together, part being sent against

the enemy, and part to help the shipwrecked men. And this last course

was actually taken. Forty-seven ships were told off for this duty.

Three, that is, from each of the eight divisions, ten belong to private

captains, ten that were from Samos, and three that belonged to the

commander-in-chief. And three ships were committed to the charge of

Thrasybulus and Theramenes, the very men who now bring these charges

against the accused. Yet these men I do not even now, on behalf of the

generals, myself accuse. I allow that the violence of the storm

prevented them from executing this order which had been given them.

“So far then, men of Athens, do I blame the accused, and I do plead for

them. And now let me venture to give you some advice. Give these men

time, if it be but one day only, to make their defence. You know that

there is yet a form of law by which it is enacted: ‘If any person hath

aggrieved the people of Athens, he shall be imprisoned and brought to a

trial before the people; and in case he be convicted, he shall be put to

death and thrown into the pit, his goods and chattels to be confiscated

to the state, reserving a tenth part for the goddess.’ By this law try

the accused. Give to each a separate day and try them in due order. So

will you judge them according to the law, and not seem, as verily you

will seem if you adopt the resolution of Callixenus, to be allies of the

Lacedæmonians, by putting to death the very men who have taken twenty of

their ships.

“Why indeed are you in such vehement haste? Are you afraid to lose your

hold of life and death? That right no one doubts or threatens. Should

you not rather be afraid lest you put an innocent man to death? One man

do I say, nay many innocent men? And lest, afterwards repenting of your

deed, you shall reflect how ill and unjustly you have acted? Forbid it,

ye gods, that the Athenians should do any such thing. Take care,

therefore, I implore you, that you, being successful, do not act as they

often act, who are on the brink of despair and ruin. Only those who are

without hope insult the gods; yet somehow you will insult them, if

instead of submitting to them on points that are subject to their will

alone, you condemn those men who failed because it was the pleasure of

the gods that they should fail. You would do more justly if you honor

these men with crowns of victory rather than visit them with this

punishment of death.”

A visible effect was produced by this speech. That the republic should

put to death its successful generals almost in the moment of victory

seemed to many to be the very height of folly, even of impiety. The gods

had favored these men. To lay hands upon them would be an insult to

heaven. But supposing they had erred, would it be well for the state to

deprive itself of the services of its most skillful servants? This

seemed the common sense view. The question was: would it prevail against

the sticklers for law, those who were hardened by the sense of personal

loss, and the unscrupulous partisans who were ready to seize any pretext

for destroying political opponents? The voters filed past the balloting

urns, and dropped their votes as they passed. No one could guess what

the result would be, for no one could watch more than one of the ten

pairs of urns--a pair to each tribe--which were placed to receive the

suffrages. The process took no little time, and then when it was

finished, there was the counting, also a long and tedious process. It

was almost dark when the tables were finished.

In the midst of a profound silence the presiding magistrate stood up. It

was now dark, and his figure was thrown into striking relief by the

lamps with the help of which the votes had been counted. He read the

numbers from a small slip of paper.[39] “There have voted,” he said,

“for condemnation 3254, for acquittal 3102.”

The sensation produced by the announcement was intense. Not a few who

had voted ‘guilty’ already half repented of what they had done. Indeed

the reaction which ended in the banishment and ultimately the death by

starvation of the author of the proposal may be said to have begun at

that moment. The general excitement rose to a still higher pitch when

the officers of the Eleven, the magistrates to whose custody condemned

criminals were handed, were seen making their way, lighted by slaves

holding torches, to the place where the accused were sitting. There was

not one of the six whose features were not familiar to many in the

assembly. More than one had tendered distinguished service to Athens;

and one, Pericles, son of the great statesman by Aspasia, bore a name

which no Athenian could pronounce without some emotion of pride and

gratitude. It so happened that it was he on whom the officers laid

hands. Something like a groan went up from the crowd; but it was too

late to undo what they had done, and it was too early for the repentance

that had already begun to work to have any practical effect. The six

were led off to immediate execution.

Callias anxious to say a few words of farewell to his friend and kinsman

Diomedon had hurried round, as soon as he heard the announcement of the

numbers, to the door by which he knew the condemned would be taken from

the place of assembly. The president of the Eleven who was conducting

the matter in person, as became an occasion so important, allowed a

brief interview.

The young man was so overcome with grief that he could only throw

himself into the arms of his friend and cling to him in speechless

agony. Diomedon, on the contrary, was perfectly calm and collected. “My

son,” he said, “this has ended as badly as I thought that it would--you

will remember what I said to you after the battle. For myself, this that

I am about to suffer is scarcely a thing to be lamented. It is hard

indeed to have such a return for my services to Athens; and I would

gladly have served her again. It has not so seemed good to the

Athenians. Let it be so. I am delivered from trouble to come. I would

not have fled from them willingly, but if my countrymen compel me, why

should I complain? That at least Socrates has taught me not to do. And

this day has at least brought this good, that no one can doubt hereafter

that he believes what he says. For you, my son, I have but one word. Do

not despair of your country. A grateful child pays his dues of nurture

even to an impassive mother. And now farewell!”

An hour afterwards he and his colleagues were lying mangled corpses at

the bottom of the pit.[40]

FOOTNOTES:

[36] Xenophon, who was probably in Athens at the time, positively

asserts that this was done, and I cannot think that the arguments of Mr.

Grote countervail his authority.

[37] The “Eleven” were commissioners of police who had, besides the

charge of the guardians of public order, the care of the prisoners, and

the custody of criminals.

[38] One of the most notorious instances in modern times was that of the

Tartar who after the battle of the Alma invented the news that

Sebastopol was taken. The report was almost universally believed in

England for some days, and the contradiction of it caused the bitterest

disappointment.

[39] Paper made from the rind of the _papyrus_, a reed which grew in the

Nile and which the Egyptians knew by the name of _Byblos_ (hence our

‘bible’). Parchment in its present form did not become common till much

later than this time (even B. C. 150), though skin seems to have been

used for writing. For ordinary purposes paper was used.

[40] Mr. Grote says that the condemned generals drank hemlock but it is

evident from the report of Euryptolemus which is substantially taken

from Xenophon’s report that the mode of execution for persons condemned

under such charges as that brought against the generals was by being

thrown into the Pit. This place was called the _Barathron_ and was

within the city walls and was a deep pit with hooks fastened into the

walls. The officer in charge of it was called “The Man of the Pit.”

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