Against Aristogeiton II

Demosthenes

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

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.

But after you had let him off, admittedly in hope of amendment, and then shortly after had to punish the same man again for speaking and acting against the best interests of the city, what reasonable excuse is left you if you are a second time hoodwinked? When you have tried him by deeds, why need you trust his words? In cases where you have not yet an accurate test ready to hand, it may perhaps be necessary to judge by words.

But, for myself, I am amazed that there are men so constituted that, though they deposit private property with those only whose past record shows them to be honest, they entrust public affairs to men who have been admittedly proved unscrupulous. No one would dream of setting a sorry mongrel to guard a flock; yet some people say that, to keep watch on those who administer the State, one need only employ the first comers, men who pretend to detect delinquents, but need the most careful watching themselves.

If you are wise, you will bear this in mind. Turn a deaf ear to those who profess to be devoted to you, and take your own precautions to ensure that you grant to no one the power to make your laws null and void, especially to no one of those who pretend to be able to speak and legislate in the interests of the masses. It is preposterous that your ancestors faced death to save the laws from destruction, but that you do not even punish those who have offended against the laws; that you set up in the market-place a bronze statue of Solon, who framed the laws, but show yourselves regardless of those very laws for the sake of which he has received such exceptional honor.

Is it not an absurd situation that you should by legislating express your anger against the criminals, but, when you have caught any of them red-handed, should proceed to let them go unscathed? That the lawgiver, a single individual, should on your behalf incur the hostility of all the worthless, but that you yourselves, collected together to defend your own interests, should not even display your hatred of the wicked, but should be overpowered by the wickedness of a single individual? That you should have fixed death as the penalty if anyone cites a law which does not exist, and yet should allow men to escape unpunished who reduce the existing laws to the level of laws which do not exist?