But a single act of successful daring had, more than all else, contributed to the Athenian power. Even in the lifetime of Aristides it had been proposed to transfer the common treasury from Delos to Athens [217]. The motion failed—perhaps through the virtuous opposition of Aristides himself. But when at the siege of Ithome the feud between the Athenians and Spartans broke out, the fairest pretext and the most favourable occasion conspired in favour of a measure so seductive to the national ambition. Under pretence of saving the treasury from the hazard of falling a prey to the Spartan rapacity or need,—it was at once removed to Athens (B. C. 461 or 460) [218]; and while the enfeebled power of Sparta, fully engrossed by the Messenian war, forbade all resistance to the transfer from that the most formidable quarter, the conquests of Naxos and the recent reduction of Thasos seem to have intimidated the spirit, and for a time even to have silenced the reproaches, of the tributary states themselves. Thus, in actual possession of the tribute of her allies, Athens acquired a new right to its collection and its management; and while she devoted some of the treasures to the maintenance of her strength, she began early to uphold the prerogative of appropriating a part to the enhancement of her splendour. [219]
As this most important measure occurred at the very period when the power of Cimon was weakened by the humiliating circumstances that attended his expedition to Ithome, and by the vigorous and popular measures of the opposition, so there seems every reason to believe that it was principally advised and effected by Pericles, who appears shortly afterward presiding over the administration of the finances. [220]
Though the Athenian commerce had greatly increased, it was still principally confined to the Thracian coasts and the Black Sea. The desire of enterprises, too vast for a state whose power reverses might suddenly destroy, was not yet indulged to excess; nor had the turbulent spirits of the Piraeus yet poured in upon the various barriers of the social state and the political constitution, the rashness of sailors and the avarice of merchants. Agriculture, to which all classes in Athens were addicted, raised a healthful counteraction to the impetus given to trade. Nor was it till some years afterward, when Pericles gathered all the citizens into the town, and left no safety-valve to the ferment and vices of the Agora, that the Athenian aristocracy gradually lost all patriotism and manhood, and an energetic democracy was corrupted into a vehement though educated mob. The spirit of faction, it is true, ran high, but a third party, headed by Myronides and Tolmides, checked the excesses of either extreme.
V. Thus, at home and abroad, time and fortune, the concurrence of events, and the happy accident of great men, not only maintained the present eminence of Athens, but promised, to ordinary foresight, a long duration of her glory and her power. To deeper observers, the picture might have presented dim but prophetic shadows. It was clear that the command Athens had obtained was utterly disproportioned to her natural resources—that her greatness was altogether artificial, and rested partly upon moral rather than physical causes, and partly upon the fears and the weakness of her neighbours. A steril soil, a limited territory, a scanty population—all these—the drawbacks and disadvantages of nature—the wonderful energy and confident daring of a free state might conceal in prosperity; but the first calamity could not fail to expose them to jealous and hostile eyes. The empire delegated to the Athenians they must naturally desire to retain and to increase; and there was every reason to forbode that their ambition would soon exceed their capacities to sustain it. As the state became accustomed to its power, it would learn to abuse it. Increasing civilization, luxury, and art, brought with them new expenses, and Athens had already been permitted to indulge with impunity the dangerous passion of exacting tribute from her neighbours. Dependance upon other resources than those of the native population has ever been a main cause of the destruction of despotisms, and it cannot fail, sooner or later, to be equally pernicious to the republics that trust to it. The resources of taxation, confined to freemen and natives, are almost incalculable; the resources of tribute, wrung from foreigners and dependants, are sternly limited and terribly precarious—they rot away the true spirit of industry in the people that demand the impost—they implant ineradicable hatred in the states that concede it.
VI. Two other causes of great deterioration to the national spirit were also at work in Athens. One, as I have before hinted, was the policy commenced by Cimon, of winning the populace by the bribes and exhibitions of individual wealth. The wise Pisistratus had invented penalties—Cimon offered encouragement—to idleness. When the poor are once accustomed to believe they have a right to the generosity of the rich, the first deadly inroad is made upon the energies of independence and the sanctity of property. A yet more pernicious evil in the social state of the Athenians was radical in their constitution—it was their courts of justice. Proceeding upon a theory that must have seemed specious and plausible to an inexperienced and infant republic, Solon had laid it down as a principle of his code, that as all men were interested in the preservation of law, so all men might exert the privilege of the plaintiff and accuser. As society grew more complicated, the door was thus opened to every species of vexatious charge and frivolous litigation. The common informer became a most harassing and powerful personage, and made one of a fruitful and crowded profession; and in the very capital of liberty there existed the worst species of espionage. But justice was not thereby facilitated. The informer was regarded with universal hatred and contempt; and it is easy to perceive, from the writings of the great comic poet, that the sympathies of the Athenian audience were as those of the English public at this day, enlisted against the man who brought the inquisition of the law to the hearth of his neighbour.
VII. Solon committed a yet more fatal and incurable error when he carried the democratic principle into judicial tribunals. He evidently considered that the very strength and life of his constitution rested in the Heliaea—a court the numbers and nature of which have been already described. Perhaps, at a time when the old oligarchy was yet so formidable, it might have been difficult to secure justice to the poorer classes while the judges were selected from the wealthier. But justice to all classes became a yet more capricious uncertainty when a court of law resembled a popular hustings. [221]
If we intrust a wide political suffrage to the people, the people at least hold no trust for others than themselves and their posterity— they are not responsible to the public, for they are the public. But in law, where there are two parties concerned, the plaintiff and defendant, the judge should not only be incorruptible, but strictly responsible. In Athens the people became the judge; and, in offences punishable by fine, were the very party interested in procuring condemnation; the numbers of the jury prevented all responsibility, excused all abuses, and made them susceptible of the same shameless excesses that characterize self-elected corporations—from which appeal is idle, and over which public opinion exercises no control. These numerous, ignorant, and passionate assemblies were liable at all times to the heats of party, to the eloquence of individuals—to the whims and caprices, the prejudices, the impatience, and the turbulence which must ever be the characteristics of a multitude orally addressed. It was evident, also, that from service in such a court, the wealthy, the eminent, and the learned, with other occupation or amusement, would soon seek to absent themselves. And the final blow to the integrity and respectability of the popular judicature was given at a later period by Pericles, when he instituted a salary, just sufficient to tempt the poor and to be disdained by the affluent, to every dicast or juryman in the ten ordinary courts [222]. Legal science became not the profession of the erudite and the laborious few, but the livelihood of the ignorant and idle multitude. The canvassing—the cajoling—the bribery—that resulted from this, the most vicious institution of the Athenian democracy—are but too evident and melancholy tokens of the imperfection of human wisdom. Life, property, and character were at the hazard of a popular election. These evils must have been long in progressive operation; but perhaps they were scarcely visible till the fatal innovation of Pericles, and the flagrant excesses that ensued allowed the people themselves to listen to the branding and terrible satire upon the popular judicature, which is still preserved to us in the comedy of Aristophanes.
At the same time, certain critics and historians have widely and grossly erred in supposing that these courts of “the sovereign multitude” were partial to the poor and hostile to the rich. All testimony proves that the fact was lamentably the reverse. The defendant was accustomed to engage the persons of rank or influence whom he might number as his friends, to appear in court on his behalf. And property was employed to procure at the bar of justice the suffrages it could command at a political election. The greatest vice of the democratic Heliaea was, that by a fine the wealthy could purchase pardon—by interest the great could soften law. But the chances were against the poor man. To him litigation was indeed cheap, but justice dear. He had much the same inequality to struggle against in a suit with a powerful antagonist, that he would have had in contesting with him for an office in the administration. In all trials resting on the voice of popular assemblies, it ever has been and ever will be found, that, caeteris paribus, the aristocrat will defeat the plebeian.
VIII. Meanwhile the progress of general education had been great and remarkable. Music [223], from the earliest time, was an essential part of instruction; and it had now become so common an acquirement, that Aristotle [224] observes, that at the close of the Persian war there was scarcely a single freeborn Athenian unacquainted with the flute. The use of this instrument was afterward discontinued, and indeed proscribed in the education of freemen, from the notion that it was not an instrument capable of music sufficiently elevated and intellectual [225]; yet it was only succeeded by melodies more effeminate and luxurious. And Aristophanes enumerates the change from the old national airs and measures among the worst symptoms of Athenian degeneracy. Besides the musician, the tutor of the gymnasium and the grammarian still made the nominal limit of scholastic instruction. [226] But life itself had now become a school. The passion for public intercourse and disputation, which the gardens and the Agora, and exciting events, and free institutions, and the rise of philosophy, and a serene and lovely climate, made the prevalent characteristic of the matured Athenian, began to stir within the young. And in the mean while the tardy invention of prose literature worked its natural revolution in intellectual pursuits.
IX. It has been before observed, that in Greece, as elsewhere, the first successor of the poet was the philosopher, and that the oral lecturer preceded the prose writer. With written prose HISTORY commenced. Having found a mode of transmitting that species of knowledge which could not, like rhythmical tales or sententious problems, be accurately preserved by the memory alone, it was natural that a present age should desire to record and transmit the past— chtaema es aei—an everlasting heirloom to the future.