Against Aristogeiton II

Demosthenes

Demosthenes. Vol. III. Orations, XXI-XXVI. Vince, J. H., translator. Cambridge, MA: Harvard University Press, 1935 (printing).

I should like to ask him whether his indictment of the decree was lawful and right or on the other hand unjust and illegal. For if the indictment was inexpedient and against the interests of the people, on that very ground he richly deserves death; but if it was useful and advantageous to the majority, why, pray, do you now insist on the jury giving a verdict which is contrary to your indictment? No; your proceedings then were unjust and now are neither lawful nor beneficial to the citizens.

I can see that you, men of Athens, are of this opinion in your own behalf, for you have ere now decided many such informations laid against private men. Yet is it not all wrong that in your own case you should so scrupulously examine the laws, but in the case of these mischief-makers, who annoy everyone alike and pretend to be superior to the rest, you should display such indifference?

It is impossible that any of you are of opinion that things ought to be as I say, but that, because of the decorous behavior of Aristogeiton and his usefulness to you, you ought to wink even at his violation of the laws. I think Lycurgus in his speech has satisfactorily proved that the defendant is an unscrupulous man and has an extraordinary faculty for injustice; and that he is not a useful citizen, anyone can see from his public performances.

For whom has he brought into court that he succeeded in convicting on the charges that he laid against him? Or what source of revenue has he provided for you? Or what decree has he ever drafted that you were not afterwards glad to disown? The truth is, he is so tactless, so un-Greek in his temperament, that when he sees you somewhat angry with anyone and rather more exasperated than the occasion calls for, he at once anticipates your wishes in the moment of your wrath and so opposes your interests.

But a statesman, acting on your behalf, ought not to follow up the hasty sentiments that accompany your anger, but should be guided by reasons, by events, by the opportunities that present themselves. For sentiments are wont to change quickly, but reasons to subsist for a longer period. Paying no regard to this the defendant detects the secret weakness of community, so that the same policy is bound to be ratified one day and repealed the next.

But perhaps because the role he adopts is to rail at everyone, to shout people down and find fault with their speeches, therefore it is convenient in these times to protect him. Gentlemen of the jury, I swear by the goddess of Athens that what takes place on the hustings is a disgrace to our city, and it is through the recklessness of such speakers that political life is now discredited with all decent citizens. But if any of you happen to like that sort of thing, you will never want for such performers. Why, even now the platform swarms with them. For to pick holes in the counsel offered is not difficult, but it is difficult to advise you and persuade you to pass any indispensable resolution.

Furthermore, if he had not already deceived you by using these same arguments, when he was on trial at the earlier information, even so it would not be just to make any concession contrary to the existing laws; for you must not allow some persons to break the law and insist on the rest obeying it. Yet just possibly it might then have been more reasonable to trust him and grant him privileges and sacrifice some of these principles.