Against Alcibiades: For Refusal of Military Service

I not only request you, gentlemen of the jury, to vote what is just, but I beg the generals, as they have in all else used their authority to the great advantage of the State, to be impartial also in suits for evasion of military duty, treating prosecutor and defendant alike and not to be so intent on supporting some favorite of their own as to make every endeavor that your vote shall be given against justice.

Reflect how deeply aggrieved you[*](The speaker now addresses the generals, who had to submit to a scrutiny on their appointment.) would be if during your scrutiny the recorders should mount the dais to request that the vote should go against you: it would strike you as monstrous that those who ordered the suit and put the question should recommend that votes be given against some men, and not given against others.

What custom could be more shameful, what proceeding more monstrous, in our city than to have the magistrate making bold, in suits concerning heiresses, to implore and beseech the judges that the matter be settled as he may prefer, or to have the war-archon and the Eleven making requests, in the suits authorized by themselves, like that in the present case?

You ought, therefore, to have just the same feeling in regard to yourselves; you should reflect that to give your support from personal motives to a man accused of evading military service will be exactly the same as if some of these officers[*](The six junior archons had charge of the text of the laws and the general supervision of the law-courts and certain classes of trials.) should put in a request while they are actually putting the question.

And consider, gentlemen, if you have not found sufficient proof that none of the commanders in the army up to that time was a supporter of Alcibiades. For if their statement[*](i.e., that they enroled Alcibiades in the cavalry as being favorably disposed to him.) is true, they ought to have cited Pamphilus[*](Pamphilus was probably a cavalry commander.) for depriving the city of a horseman by taking away his horse; to have mulcted the squadron-commander for expelling Alcibiades from the squadron to the confusion of the order they had settled; and to have instructed the commander to erase his name from the roll of the infantry.

But in fact they did nothing of the sort: while he was in the army, they suffered him to be grossly insulted by all, and left to serve among the mounted archers[*](Light troops of inferior quality, used for skirmishing.); but now that you have to do justice upon the guilty, they obligingly testify that he has taken that rank by their orders. But I say it is monstrous, gentlemen, that although the generals themselves, who have been duly elected by the people, would not dare to take command of us before they had passed their scrutiny in compliance with the laws, Alcibiades should dare to take his rank from them in violation of the laws of our city.

And it is monstrous also, in my opinion, gentlemen, that whereas it is not in their power to take a man at their own pleasure from the cavalrymen who have passed scrutiny, and enrol him in the infantry, it should be in their power to pass a man at their pleasure from the infantry into the cavalry without scrutiny.

Now, gentlemen, if they were entitled so to act, and allowed none of the many others who so desired to serve in the cavalry, you would not be justified in obliging them; but if they admit that they were not entitled to rank him as they have done, you should reflect that you have sworn to decide according to justice, and not to vote in compliance with these men; and so you ought not to have more regard for any of these suitors than for yourselves and your oaths.

Moreover, gentlemen, if any of you thinks the penalty a heavy one and the law too severe, he should remember that you have come here, not to legislate on these affairs, but to vote in accordance with the established laws; not to pity the guilty, but much rather to be angry with them and to be protectors of the whole State. For you know well that by punishing a few for what has been done in the past you will improve the discipline of many among those who have to face danger in the future.

And, gentlemen, just as this person has disregarded the State to provide for his own safety, so you should disregard him in voting what is best for the State; especially since you have sworn oaths and have to vote on Alcibiades, who, if he is able to deceive you, will go away mocking at the city. For he will show you no gratitude for the benefit covertly gained from your vote, since he repays with injury the open assistance of any of his friends.

You therefore, gentlemen, must have less regard for the requests of these persons than for the laws, and give the vote that is just. It has been proved that he was enrolled in the infantry, that he deserted the ranks, that despite the prohibition of the laws he served in the cavalry without passing the scrutiny, and that in respect of matters in which the laws expressly declare that neither general nor brigadier nor anyone else can override their authority he, a private person, has given himself a free hand.

Now I, as seeking to support my friend Archestratides, and to punish my own enemy Alcibiades, request you to give the vote that is just. You should have the same feelings in recording that vote as when you were expecting your supreme ordeal in face of the enemy.