III

B.C. 404. In the following year ⁸⁰ the people passed a resolution to choose thirty men who were to draft a constitution based on the ancestral laws of the State. The following were chosen to act on this committee:- Polychares, Critias, Melobius, Hippolochus, Eucleides, Hiero, Mnesilochus, Chremo, Theramenes, Aresias, Diocles, Phaedrias, Chaereleos, Anaetius, Piso, Sophocles, Erastosthenes, Charicles, Onomacles, Theognis, Aeschines, Theogones, Cleomedes, Erasistratus, Pheido, Dracontides, Eumathes, Aristoteles, Hippomachus, Mnesitheides. After these transactions, Lysander set sail for Samos; and Agis withdrew the land force from Deceleia and disbanded the troops, dismissing the contingents to their several cities.

In was at this date, about the time of the solar eclipse, ⁸¹ that Lycophron of Pherae, who was ambitious of ruling over the whole of Thessaly, defeated those sections of the Thessalians who opposed him, such as the men of Larissa and others, and slew many of them. It was also about this date that Dionysius, now tyrant of Syracuse, was defeated by the Carthaginians and lost Gela and Camarina. And again, a little later, the men of Leontini, who previously had been amalgamated with the Syracusans, separated themselves from Syracuse and Dionysius, and asserted their independence, and returned to their native city. Another incident of this period was the sudden despatch and introduction of Syracusan horse into Catana by Dionysius.

Now the Samians, though besieged by Lysander on all sides, were at first unwilling to come to terms. But at the last moment, when Lysander was on the point of assaulting the town, they accepted the terms, which allowed every free man to leave the island, but not to carry away any part of his property, except the clothes on his back. On these conditions they marched out. The city and all it contained was then delivered over to its ancient citizens by Lysander, who finally appointed ten governors to garrison the island. ⁸² After which, he disbanded the allied fleet, dismissing them to their respective cities, while he himself, with the Lacedaemonian squadron, set sail for Laconia, bringing with him the prows of the conquered vessels and the whole navy of Piraeus, with the exception of twelve ships. He also brought the crowns which he had received from the cities as private gifts, and a sum of four hundred and seventy talents ⁸³ in silver (the surplus of the tribute money which Cyrus had assigned to him for the prosecution of the war), besides other property, the fruit of his military exploits. All these things Lysander delivered to the Lacedaemonians in the latter end of summer. ⁸⁴

The Thirty had been chosen almost immediately after the long walls and the fortifications round Piraeus had been razed. They were chosen for the express purpose of compiling a code of laws for the future constitution of the State. The laws were always on the point of being published, yet they were never forthcoming; and the thirty compilers contented themselves meanwhile with appointing a senate and the other magistracies as suited their fancy best. That done, they turned their attention, in the first instance, to such persons as were well known to have made their living as informers ⁸⁵ under the democracy, and to be thorns in the side of all respectable people. These they laid hold on and prosecuted on the capital charge. The new senate gladly recorded its vote of condemnation against them; and the rest of the world, conscious of bearing no resemblance to them, seemed scarcely vexed. But the Thirty did not stop there. Presently they began to deliberate by what means they could get the city under their absolute control, in order that they might work their will upon it. Here again they proceeded tentatively; in the first instance, they sent (two of their number), Aeschines and Aristoteles, to Lacedaemon, and persuaded Lysander to support them in getting a Lacedaemonian garrison despatched to Athens. They only needed it until they had got the "malignants" out of the way, and had established the constitution; and they would undertake to maintain these troops at their own cost. Lysander was not deaf to their persuasions, and by his co-operation their request was granted. A bodyguard, with Callibius as governor, was sent.

And now that they had got the garrison, they fell to flattering Callibius with all servile flattery, in order that he might give countenance to their doings. Thus they prevailed on him to allow some of the guards, whom they selected, to accompany them, while they proceeded to lay hands on whom they would; no longer confining themselves to base folk and people of no account, but boldly laying hands on those who they felt sure would least easily brook being thrust aside, or, if a spirit of opposition seized them, could command the largest number of partisans.

These were early days; as yet Critias was of one mind with Theramenes, and the two were friends. But the time came when, in proportion as Critias was ready to rush headlong into wholesale carnage, like one who thirsted for the blood of the democracy, which had banished him, Theramenes balked and thwarted him. It was barely reasonable, he argued, to put people to death, who had never done a thing wrong to respectable people in their lives, simply because they had enjoyed influence and honour under the democracy. "Why, you and I, Critias," he would add, "have said and done many things ere now for the sake of popularity." To which the other (for the terms of friendly intimacy still subsisted) would retort, "There is no choice left to us, since we intend to take the lion's share, but to get rid of those who are best able to hinder us. If you imagine, because we are thirty instead of one, our government requires one whit the less careful guarding than an actual tyranny, you must be very innocent."

So things went on. Day after day the list of persons put to death for no just reason grew longer. Day after day the signs of resentment were more significant in the groups of citizens banding together and forecasting the character of this future constitution; till at length Theramenes spoke again, protesting:- There was no help for it but to associate with themselves a sufficient number of persons in the conduct of affairs, or the oligarchy would certainly come to an end. Critias and the rest of the Thirty, whose fears had already converted Theramenes into a dangerous popular idol, proceeded at once to draw up a list of three thousand citizens; fit and proper persons to have a share in the conduct of affairs. But Theramenes was not wholly satisfied, "indeed he must say, for himself, he regarded it as ridiculous, that in their effort to associate the better classes with themselves in power, they should fix on just that particular number, three thousand, as if that figure had some necessary connection with the exact number of gentlemen in the State, making it impossible to discover any respectability outside or rascality within the magic number. And in the second place," he continued, "I see we are trying to do two things, diametrically opposed; we are manufacturing a government, which is based on force, and at the same time inferior in strength to those whom we propose to govern." That was what he said, but what his colleagues did, was to institute a military inspection or review. The Three Thousand were drawn up in the Agora, and the rest of the citizens, who were not included in the list, elsewhere in various quarters of the city. The order to take arms was given; ⁸⁶ but while the men's backs were turned, at the bidding of the Thirty, the Laconian guards, with those of the citizens who shared their views, appeared on the scene and took away the arms of all except the Three Thousand, carried them up to the Acropolis, and safely deposited them in the temple.

The ground being thus cleared, as it were, and feeling that they had it in their power to do what they pleased, they embarked on a course of wholesale butchery, to which many were sacrificed to the merest hatred, many to the accident of possessing riches. Presently the question rose, How they were to get money to pay their guards? and to meet this difficulty a resolution was passed empowering each of the committee to seize on one of the resident aliens apiece, to put his victim to death, and to confiscate his property. Theramenes was invited, or rather told to seize some one or other. "Choose whom you will, only let it be done." To which he made answer, it hardly seemed to him a noble or worthy course on the part of those who claimed to be the elite of society to go beyond the informers ⁸⁷ in injustice. "Yesterday they, today we; with this difference, the victim of the informer must live as a source of income; our innocents must die that we may get their wealth. Surely their method was innocent in comparison with ours."

The rest of the Thirty, who had come to regard Theramenes as an obstacle to any course they might wish to adopt, proceeded to plot against him. They addressed themselves to the members of the senate in private, here a man and there a man, and denounced him as the marplot of the constitution. Then they issued an order to the young men, picking out the most audacious characters they could find, to be present, each with a dagger hidden in the hollow of the armpit; and so called a meeting of the senate. When Theramenes had taken his place, Critias got up and addressed the meeting:

"If," said he, "any member of this council, here seated, imagines that an undue amount of blood has been shed, let me remind him that with changes of constitution such things can not be avoided. It is the rule everywhere, but more particularly at Athens it was inevitable there should be found a specially large number of persons sworn foes to any constitutional change in the direction of oligarchy, and this for two reasons. First, because the population of this city, compared with other Hellenic cities, is enormously large; and again, owing to the length of time during which the people has battened upon liberty. Now, as to two points we are clear. The first is that democracy is a form of government detestable to persons like ourselves - to us and to you; the next is that the people of Athens could never be got to be friendly to our friends and saviours, the Lacedaemonians. But on the loyalty of the better classes the Lacedaemonians can count. And that is our reason for establishing an oligarchical constitution with their concurrence. That is why we do our best to rid us of every one whom we perceive to be opposed to the oligarchy; and, in our opinion, if one of ourselves should elect to undermine this constitution of ours, he would deserve punishment. Do you not agree? And the case," he continued, "is no imaginary one. The offender is here present - Theramenes. And what we say of him is, that he is bent upon destroying yourselves and us by every means in his power. These are not baseless charges; but if you will consider it, you will find them amply established in this unmeasured censure of the present posture of affairs, and his persistent opposition to us, his colleagues, if ever we seek to get rid of any of these demagogues. Had this been his guiding principle of action from the beginning, in spite of hostility, at least he would have escaped all imputation of villainy. Why, this is the very man who originated our friendly and confidential relations with Lacedaemon. This is the very man who authorised the abolition of the democracy, who urged us on to inflict punishment on the earliest batch of prisoners brought before us. But today all is changed; now you and we are out of odour with the people, and he accordingly has ceased to be pleased with our proceedings. The explanation is obvious. In case of a catastrophe, how much pleasanter for him once again to light upon his legs, and leave us to render account for our past performances.

"I contend that this man is fairly entitled to render his account also, not only as an ordinary enemy, but as a traitor to yourselves and us. And let us add, not only is treason more formidable than open war, in proportion as it is harder to guard against a hidden assassin than an open foe, but it bears the impress of a more enduring hostility, inasmuch as men fight their enemies and come to terms with them again and are fast friends; but whoever heard of reconciliation with a traitor? There he stands unmasked; he has forfeited our confidence for evermore. But to show you that these are no new tactics of his, to prove to you that he is a traitor in grain, I will recall to your memories some points in his past history.

"He began by being held in high honour by the democracy; but taking a leaf out of his father's, Hagnon's, book, he next showed a most headlong anxiety to transform the democracy into the Four Hundred, and, in fact, for a time held the first place in that body. But presently, detecting the formation of rival power to the oligarchs, round he shifted; and we find him next a ringleader of the popular party in assailing them. It must be admitted, he has well earned his nickname 'Buskin.' ⁸⁸ Yes, Theramenes! clever you may be, but the man who deserves to live should not show his cleverness in leading on his associates into trouble, and when some obstacle presents itself, at once veer round; but like a pilot on shipboard, he ought then to redouble his efforts, until the wind is fair. Else, how in the name of wonderment are those mariners to reach the haven where they would be, if at the first contrary wind or tide they turn about and sail in the opposite direction? Death and destruction are concomitants of constitutional changes and revolution, no doubt; but you are such an impersonation of change, that, as you twist and turn and double, you deal destruction on all sides. At one swoop you are the ruin of a thousand oligarchs at the hands of the people, and at another of a thousand democrats at the hands of the better classes. Why, sirs, this is the man to whom the orders were given by the generals, in the sea-fight off Lesbos, to pick up the crews of the disabled vessels; and who, neglecting to obey orders, turned round and accused the generals; and to save himself murdered them! What, I ask you, of a man who so openly studied the art of self-seeking, deaf alike to the pleas of honour and to the claims of friendship? Would not leniency towards such a creature be misplaced? Can it be our duty at all to spare him? Ought we not rather, when we know the doublings of his nature, to guard against them, lest we enable him presently to practise on ourselves? The case is clear. We therefore hereby cite this man before you, as a conspirator and traitor against yourselves and us. The reasonableness of our conduct, one further reflection may make clear. No one, I take it, will dispute the splendour, the perfection of the Laconian constitution. Imagine one of the ephors there in Sparta, in lieu of devoted obedience to the majority, taking on himself to find fault with the government and to oppose all measures. Do you not think that the ephors themselves, and the whole commonwealth besides, would hold this renegade worthy of condign punishment? So, too, by the same token, if you are wise, do you spare yourselves, not him. For what does the alternative mean? I will tell you. His preservation will cause the courage of many who hold opposite views to your own to rise; his destruction will cut off the last hopes of all your enemies, whether within or without the city."

With these words he sat down, but Theramenes rose and said: "Sirs, with your permission I will first touch upon the charge against me which Critias has mentioned last. The assertion is that as the accuser of the generals I was their murderer. Now I presume it was not I who began the attack upon them, but it was they who asserted that in spite of the orders given me I had neglected to pick up the unfortunates in the sea-fight off Lesbos. All I did was to defend myself. My defence was that the storm was too violent to permit any vessel to ride at sea, much more therefore to pick up the men, and this defence was accepted by my fellow-citizens as highly reasonable, while the generals seemed to be condemned out of their own mouths. For while they kept on asserting that it was possible to save the men, the fact still remained that they abandoned them to their fate, set sail, and were gone.

"However, I am not surprised, I confess, at this grave misconception ⁸⁹ on the part of Critias, for at the date of these occurrences he was not in Athens. He was away in Thessaly, laying the foundations of a democracy with Prometheus, and arming the Penestae ⁹⁰ against their masters. Heaven forbid that any of his transactions there should be re-enacted here. However, I must say, I do heartily concur with him on one point. Whoever desires to exclude you from the government, or to strength the hands of your secret foes, deserves and ought to meet with condign punishment; but who is most capable of so doing? That you will best discover, I think, by looking a little more closely into the past and the present conduct of each of us. Well, then! up to the moment at which you were formed into a senatorial body, when the magistracies were appointed, and certain notorius 'informers' were brought to trial, we all held the same views. But later on, when our friends yonder began to hale respectable honest folk to prison and to death, I, on my side, began to differ from them. From the moment when Leon of Salamis, ⁹¹ a man of high and well-deserved reputation, was put to death, though he had not committed the shadow of a crime, I knew that all his equals must tremble for themselves, and, so trembling, be driven into opposition to the new constitution. In the same way, when Niceratus, ⁹² the son of Nicias, was arrested; a wealthy man, who, no more than his father, had never done anything that could be called popular or democratic in his life; it did not require much insight to discover that his compeers would be converted into our foes. But to go a step further: when it came to Antiphon ⁹³ falling at our hands - Antiphon, who during the war contributed two fast-sailing men-of-war out of his own resources, it was then plain to me, that all who had ever been zealous and patriotic must eye us with suspicion. Once more I could not help speaking out in opposition to my colleagues when they suggested that each of us ought to seize some one resident alien. ⁹⁴ For what could be more certain than that their death-warrant would turn the whole resident foreign population into enemies of the constitution. I spoke out again when they insisted on depriving the populace of their arms; it being no part of my creed that we ought to take the strength out of the city; nor, indeed, so far as I could see, had the Lacedaemonians stept between us and destruction merely that we might become a handful of people, powerless to aid them in the day of need. Had that been their object, they might have swept us away to the last man. A few more weeks, or even days, would have sufficed to extinguish us quietly by famine. Nor, again, can I say that the importation of mercenary foreign guards was altogether to my taste, when it would have been so easy for us to add to our own body a sufficient number of fellow-citizens to ensure our supremacy as governors over those we essayed to govern. But when I saw what an army of malcontents this government had raised up within the city walls, besides another daily increasing host of exiles without, I could not but regard the banishment of people like Thrasybulus and Anytus and Alcibiades ⁹⁵ as impolitic. Had our object been to strengthen the rival power, we could hardly have set about it better than by providing the populace with the competent leaders whom they needed, and the would-be leaders themselves with an army of willing adherents.

"I ask then is the man who tenders such advice in the full light of day justly to be regarded as a traitor, and not as a benefactor? Surely Critias, the peacemaker, the man who hinders the creation of many enemies, whose counsels tend to the acquistion of yet more friends, ⁹⁶ cannot be accused of strengthening the hands of the enemy. Much more truly may the imputation be retorted on those who wrongfully appropriate their neighbours' goods and put to death those who have done no wrong. These are they who cause our adversaries to grow and multiply, and who in very truth are traitors, not to their friends only, but to themselves, spurred on by sordid love of gain.

"I might prove the truth of what I say in many ways, but I beg you to look at the matter thus. With which condition of affairs here in Athens do you think will Thrasybulus and Anytus and the other exiles be the better pleased? That which I have pictured as desirable, or that which my colleagues yonder are producing? For my part I cannot doubt but that, as things now are, they are saying to themselves, 'Our allies muster thick and fast.' But were the real strength, the pith and fibre of this city, kindly disposed to us, they would find it an uphill task even to get a foothold anywhere in the country.

"Then, with regard to what he said of me and my propensity to be for ever changing sides, let me draw your attention to the following facts. Was it not the people itself, the democracy, who voted the constitution of the Four Hundred? This they did, because they had learned to think that the Lacedaemonians would trust any other form of government rather than a democracy. But when the efforts of Lacedaemon were not a whit relaxed, when Aristoteles, Melanthius, and Aristarchus, ⁹⁷ and the rest of them acting as generals, were plainly minded to construct an intrenched fortress on the mole for the purpose of admitting the enemy, and so getting the city under the power of themselves and their associates; ⁹⁸ because I got wind of these schemes, and nipped them in the bud, is that to be a traitor to one's friends?

"Then he threw in my teeth the nickname 'Buskin,' as descriptive of an endeavour on my part to fit both parties. But what of the man who pleases neither? What in heaven's name are we to call him? Yes! you - Critias? Under the democracy you were looked upon as the most arrant hater of the people, and under the aristocracy you have proved yourself the bitterest foe of everything respectable. Yes! Critias, I am, and ever have been, a foe of those who think that a democracy cannot reach perfection until slaves and those who, from poverty, would sell the city for a drachma, can get their drachma a day. ⁹⁹ But not less am I, and ever have been, a pronounced opponent of those who do not think there can possibly exist a perfect oligarchy until the State is subjected to the despotism of a few. On the contrary, my own ambition has been to combine with those who are rich enough to possess a horse and shield, and to use them for the benefit of the State. ¹⁰⁰ That was my ideal in the old days, and I hold to it without a shadow of turning still. If you can imagine when and where, in conjunction with despots or demagogues, I have set to my hand to deprive honest gentlefolk of their citizenship, pray speak. If you can convict me of such crimes at present, or can prove my perpetration of them in the past, I admit that I deserve to die, and by the worst of deaths."

With these words he ceased, and the loud murmur of the applause which followed marked the favourable impression produced upon the senate. It was plain to Critias, that if he allowed his adversary's fate to be decided by formal voting, Theramenes would escape, and life to himself would become intolerable. Accordingly he stepped forward and spoke a word or two in the ears of the Thirty. This done, he went out and gave an order to the attendants with the daggers to stand close to the bar in full view of the senators. Again he entered and addressed the senate thus: "I hold it to be the duty of a good president, when he sees the friends about him being made the dupes of some delusion, to intervene. That at any rate is what I propose to do. Indeed our friends here standing by the bar say that if we propose to acquit a man so openly bent upon the ruin of the oligarchy, they do not mean to let us do so. Now there is a clause in the new code forbidding any of the Three Thousand to be put to death without your vote; but the Thirty have power of life and death over all outside that list. Accordingly," he proceeded, "I herewith strike this man, Theramenes, off the list; and this with the concurrence of my colleagues. And now," he continued, "we condemn him to death."

Hearing these words Theramenes sprang upon the altar of Hestia, exclaiming: "And I, sirs, supplicate you for the barest forms of law and justice. Let it not be in the power of Critias to strike off either me, or any one of you whom he will. But in my case, in what may be your case, if we are tried, let our trial be in accordance with the law they have made concerning those on the list. I know," he added, "but too well, that this altar will not protect me; but I will make it plain that these men are as impious towards the gods as they are nefarious towards men. Yet I do marvel, good sirs and honest gentlemen, for so you are, that you will not help yourselves, and that too when you must see that the name of every one of you is as easily erased as mine."

But when he had got so far, the voice of the herald was heard giving the order to the Eleven to seize Theramenes. They at that instant entered with their satellites - at their head Satyrus, the boldest and most shameless of the body - and Critias exclaimed, addressing the Eleven, "We deliver over to you Theramenes yonder, who has been condemned according to the law. Do you take him and lead him away to the proper place, and do there with him what remains to do." As Critias uttered the words, Satyrus laid hold upon Theramenes to drag him from the altar, and the attendants lent their aid. But he, as was natural, called upon gods and men to witness what was happening. The senators the while kept silence, seeing the companions of Satyrus at the bar, and the whole front of the senate house crowded with the foreign guards, nor did they need to be told that there were daggers in reserve among those present.

And so Theramenes was dragged through the Agora, in vehement and loud tones proclaiming the wrongs that he was suffering. One word, which is said to have fallen from his lips, I cite. It is this: Satyrus, bade him "Be silent, or he would rue the day;" to which he made answer, "And if I be silent, shall I not rue it?" Also, when they brought him the hemlock, and the time was come to drink the fatal draught, they tell how he playfully jerked out the dregs from the bottom of the cup, like one who plays "Cottabos," ¹⁰¹ with the words, "This to the lovely Critias." These are but "apophthegms" ¹⁰² too trivial, it may be thought, to find a place in history. Yet I must deem it an admirable trait in this man's character, if at such a moment, when death confronted him, neither his wits forsook him, nor could the childlike sportiveness vanish from his soul.