From this memorable triumph of the illustrious orator and defendant, we have to pass to another trial—a direct accusation brought against him, from which he did not escape so successfully. We are compelled here to jump over five years and a half (August 330 B. C., to January 324 B. C.), during which we have no information about Grecian history; the interval between Alexander’s march into Baktria and his return to Persis and Susiana. Displeased with the conduct of the satraps during his absence, Alexander put to death or punished several, and directed the rest to disband without delay the mercenary soldiers whom they had taken into pay. This peremptory order filled both Asia and Europe with roving detachments of unprovided soldiers, some of whom sought subsistence in the Grecian islands and on the Lacedæmonian southern coast, at Cape Tænarus in Laconia.

It was about this period (the beginning of 324 B. C.), that Harpalus the satrap of Babylonia and Syria, becoming alarmed at the prospect of being punished by Alexander for his ostentatious prodigalities, fled from Asia into Greece, with a considerable treasure and a body of 5000 soldiers.[694] While satrap, he had invited into Asia, in succession, two Athenian women as mistresses, Pythionikê and Glykera, to each of whom he was much attached, and whom he entertained with lavish expense and pomp. On the death of the first, he testified his sorrow by two costly funereal monuments to her memory; one at Babylon, the other in Attica, between Athens and Eleusis. With Glykera he is said to have resided at Tarsus in Kilikia,—to have ordered that men should prostrate themselves before her, and address her as queen—and to have erected her statue along with his own at Rhossus, a seaport on the confines of Kilikia and Syria.[695] To please these mistresses, or perhaps to ensure a retreat for himself in case of need, he had sent to Athens profuse gifts of wheat for distribution among the people, for which he had received votes of thanks with the grant of Athenian citizenship.[696] Moreover he had consigned to Charikles, son-in-law of Phokion, the task of erecting the monument in Attica to the honor of Pythionikê; with a large remittance of money for the purpose.[697] The profit or embezzlement arising out of this expenditure secured to him the good will of Charikles—a man very different from his father-in-law, the honest and austere Phokion. Other Athenians were probably conciliated by various presents, so that when Harpalus found it convenient to quit Asia, about the beginning of 324 B. C., he had already acquired some hold both on the public of Athens and on some of her leading men. He sailed with his treasure and his armament straight to Cape Sunium in Attica, from whence he sent to ask shelter and protection in that city.[698]

The first reports transmitted to Asia appear to have proclaimed that the Athenians had welcomed Harpalus as a friend and ally, thrown off the Macedonian yoke, and prepared for a war to re-establish Hellenic freedom. Such is the color of the case, as presented in the satiric drama called Agên, exhibited before Alexander in the Dionysiac festival at Susa, in February or March 324 B. C. Such news, connecting itself in Alexander’s mind with the recent defeat of Zopyrion in Thrace and other disorders of the disbanded mercenaries, incensed him so much, that he at first ordered a fleet to be equipped, determining to cross over and attack Athens in person.[699] But he was presently calmed by more correct intelligence, certifying that the Athenians had positively refused to espouse the cause of Harpalus.[700]

The fact of such final rejection by the Athenians is quite indisputable. But it seems, as far as we can make out from imperfect evidence, that this step was not taken without debate, nor without symptoms of a contrary disposition, sufficient to explain the rumors first sent to Alexander. The first arrival of Harpalus with his armament at Sunium, indeed, excited alarm, as if he were coming to take possession of Peiræus; and the admiral Philokles was instructed to adopt precautions for defence of the harbor.[701] But Harpalus, sending away his armament to Krete or to Tænarus, solicited and obtained permission to come to Athens, with a single ship and his own personal attendants. What was of still greater moment, he brought with him a large sum of money, amounting, we are told to upwards of 700 talents, or more than £160,000. We must recollect that he was already favorably known to the people by large presents of corn, which had procured for him a vote of citizenship. He now threw himself upon their gratitude as a suppliant seeking protection against the wrath of Alexander; and while entreating from the Athenians an interference so hazardous to themselves, he did not omit to encourage them by exaggerating the means at his own disposal. He expatiated on the universal hatred and discontent felt against Alexander, and held out assurance of being joined by powerful allies, foreign as well as Greek, if once a city like Athens would raise the standard of liberation.[702] To many Athenian patriots, more ardent than long-sighted, such appeals inspired both sympathy and confidence. Moreover Harpalus would of course purchase every influential partisan who would accept a bribe; in addition to men like Charikles, who were already in his interest. His cause was espoused by Hyperides,[703] an earnest anti-Macedonian citizen, and an orator second only to Demosthenes. There seems good reason for believing that at first, a strong feeling was excited in favor of taking part with the exile; the people not being daunted even by the idea of war with Alexander.[704]

Phokion, whom Harpalus vainly endeavored to corrupt, resisted of course the proposition of espousing his cause. And Demosthenes also resisted it, not less decidedly, from the very outset.[705] Notwithstanding all his hatred of Macedonian supremacy, he could not be blind to the insanity of declaring war against Alexander. Indeed those who study his orations throughout, will find his counsels quite as much distinguished for prudence as for vigorous patriotism. His prudence, on this occasion, however, proved injurious to his political position; for while it incensed Hyperides and the more sanguine anti-Macedonians, it probably did not gain for himself anything beyond a temporary truce from his old macedonizing opponents.

The joint opposition of politicians so discordant as Demosthenes and Phokion, prevailed over the impulse which the partisans of Harpalus had created. No decree could be obtained in his favor. Presently however the case was complicated by the coming of envoys from Antipater and Olympias in Macedonia, requiring that he should be surrendered.[706] The like requisition was also addressed by the Macedonian admiral Philoxenus, who arrived with a small squadron from Asia. These demands were refused, at the instance of Phokion no less than of Demosthenes. Nevertheless the prospects of Macedonian vengeance were now brought in such fearful proximity before the people, that all disposition to support Harpalus gave way to the necessity of propitiating Alexander. A decree was passed to arrest Harpalus, and to place all his money under sequestration in the acropolis, until special directions could be received from Alexander; to whom, apparently, envoys were sent, carrying with them the slaves of Harpalus to be interrogated by him, and instructed to solicit a lenient sentence at his hands.[707] Now it was Demosthenes who moved these decrees for personal arrest and for sequestration of the money;[708] whereby he incurred still warmer resentment from Hyperides and the other Harpalian partisans, who denounced him as a subservient creature of the all-powerful monarch. Harpalus was confined, but presently made his escape; probably much to the satisfaction of Phokion, Demosthenes, and every one else; for even those who were most anxious to get rid of him would recoil from the odium and dishonor of surrendering him, even under constraint, to a certain death. He fled to Krete, where he was soon after slain by one of his own companions.[709]

At the time when the decrees for arrest and sequestration were passed, Demosthenes requested a citizen near him to ask Harpalus publicly in the assembly, what was the amount of his money, which the people had just resolved to impound.[710] Harpalus answered, 720 talents; and Demosthenes proclaimed this sum to the people, on the authority of Harpalus, dwelling with some emphasis upon its magnitude. But when the money came to be counted in the acropolis, it was discovered that there was in reality no more than 350 talents. Now it is said that Demosthenes did not at once communicate to the people this prodigious deficiency in the real sum as compared with the announcement of Harpalus, repeated in the public assembly by himself. The impression prevailed, for how long a time we do not know, that 720 Harpalian talents had actually been lodged in the acropolis; and when the truth became at length known, great surprise and outcry were excited.[711] It was assumed that the missing half of the sum set forth must have been employed in corruption; and suspicions prevailed against almost all the orators, Demosthenes and Hyperides both included.

In this state of doubt, Demosthenes moved that the Senate of Areopagus should investigate the matter and report who were the presumed delinquents[712] fit to be indicted before the Dikastery; he declared in the speech accompanying his motion that the real delinquents, whoever they might be, deserved to be capitally punished. The Areopagites delayed their report for six months, though Demosthenes is said to have called for it with some impatience. Search was made in the houses of the leading orators, excepting only one who was recently married.[713] At length the report appeared, enumerating several names of citizens chargeable with the appropriation of this money, and specifying how much had been taken by each. Among these names were Demosthenes himself, charged with 20 talents—Demades charged with 6000 golden staters—and other citizens, with different sums attached to their names.[714] Upon this report, ten[715] public accusers were appointed to prosecute the indictment against the persons specified, before the Dikastery. Among the accusers was Hyperides, whose name had not been comprised in the Areopagitic report. Demosthenes was brought to trial, first of all the persons accused, before a numerous Dikastery of 1500 citizens,[716] who confirmed the report of the Areopagites, found him guilty, and condemned him to pay fifty talents to the state. Not being able to discharge this large fine, he was put in prison; but after some days he found means to escape, and fled to Trœzen in Peloponnesus, where he passed some months as a dispirited and sorrowing exile, until the death of Alexander.[717] What was done with the other citizens included in the Areopagitic report, we do not know. It appears that Demades[718]—who was among those comprised, and who is especially attacked, along with Demosthenes, by both Hyperides and Deinarchus—did not appear to take his trial, and therefore must have been driven into exile; yet if so, he must have speedily returned, since he seems to have been at Athens when Alexander died. Philokles and Aristogeiton were also brought to trial as being included by the Areopagus in the list of delinquents; but how their trial ended, does not appear.[719]

This condemnation and banishment of Demosthenes—unquestionably the greatest orator, and one of the greatest citizens, in Athenian antiquity,—is the most painful result of the debates respecting the exile Harpalus. Demosthenes himself denied the charge; but unfortunately we possess neither his defence, nor the facts alleged in evidence against him; so that our means of forming a positive conclusion are imperfect. At the same time, judging from the circumstances as far as we know them—there are several which go to show his innocence, and none which tend to prove him guilty. If we are called upon to believe that he received money from Harpalus, we must know for what service the payment was made. Did Demosthenes take part with Harpalus, and advise the Athenians to espouse his cause? Did he even keep silence, and abstain from advising them to reject the propositions? Quite the reverse. Demosthenes was from the beginning a declared opponent of Harpalus, and of all measures for supporting his cause. Plutarch indeed tells an anecdote—that Demosthenes began by opposing Harpalus, but that presently he was fascinated by the beauty of a golden cup among the Harpalian treasures. Harpalus, perceiving his admiration, sent to him on the ensuing night the golden cup, together with twenty talents, which Demosthenes accepted. A few days afterwards, when the cause of Harpalus was again debated in the public assembly, the orator appeared with his throat enveloped in woollen wrappers, and affected to have lost his voice; upon which the people, detecting this simulated inability as dictated by the bribe which had been given, expressed their displeasure partly by sarcastic taunts, partly by indignant murmuring.[720] So stands the anecdote in Plutarch. But we have proof that it is untrue. Demosthenes may indeed have been disabled by sore throat from speaking at some particular assembly; so far the story may be accurate; but that he desisted from opposing Harpalus (the real point of the allegation against him) is certainly not true; for we know from his accusers Deinarchus and Hyperides, that it was he who made the final motion for imprisoning Harpalus and sequestrating the Harpalian treasure in trust for Alexander. In fact, Hyperides himself denounces Demosthenes, as having from subservience to Alexander, closed the door against Harpalus and his prospects.[721] Such direct and continued opposition is a conclusive proof that Demosthenes was neither paid nor bought by Harpalus. The only service which he rendered to the exile was, by refusing to deliver him to Antipater, and by not preventing his escape from imprisonment. Now in this refusal even Phokion concurred; and probably the best Athenians, of all parties, were desirous of favoring the escape of an exile whom it would have been odious to hand over to a Macedonian executioner. Insofar as it was a crime not to have prevented the escape of Harpalus, the crime was committed as much by Phokion as by Demosthenes; and indeed more, seeing that Phokion was one of the generals, exercising the most important administrative duties—while Demosthenes was only an orator and mover in the assembly. Moreover, Harpalus had no means of requiting the persons, whoever they were, to whom he owed his escape; for the same motion which decreed his arrest, decreed also the sequestration of his money, and thus removed it from his own control.[722]

The charge therefore made against Demosthenes by his two accusers,—that he received money from Harpalus,—is one which all the facts known to us tend to refute. But this is not quite the whole case. Had Demosthenes the means of embezzling the money, after it had passed out of the control of Harpalus? To this question also we may reply in the negative, so far as Athenian practice enables us to judge. Demosthenes had moved, and the people had voted, that these treasures should be lodged in trust for Alexander, in the acropolis; a place where all the Athenian public money was habitually kept—in the back chamber of the Parthenon. When placed in that chamber, these new treasures would come under the custody of the officers of the Athenian exchequer; and would be just as much out of the reach of Demosthenes as the rest of the public money. What more could Phokion himself have done to preserve the Harpalian fund intact, than to put it in the recognized place of surety? Then, as to the intermediate process, of taking the money from Harpalus up to the acropolis, there is no proof,—and in my judgment no probability,—that Demosthenes was at all concerned in it. Even to count, verify, and weigh, a sum of above £80,000—not in bank notes or bills of exchange, but subdivided in numerous and heavy coins (staters, darics, tetradrachms), likely to be not even Attic, but Asiatic—must have been a tedious duty requiring to be performed by competent reckoners, and foreign to the habits of Demosthenes. The officers of the Athenian treasury must have gone through this labor, providing the slaves or mules requisite for carrying so heavy a burthen up to the acropolis. Now we have ample evidence from the remaining Inscriptions, that the details of transfering and verifying the public property, at Athens, were performed habitually with laborious accuracy. Least of all would such accuracy be found wanting in the case of the large Harpalian treasure, where the very passing of the decree implied great fear of Alexander. If Harpalus, on being publicly questioned in the assembly—What was the sum to be carried up into the acropolis,—answered by stating the amount which he had originally brought and not that which he had remaining—Demosthenes might surely repeat that statement immediately after him, without being understood thereby to bind himself down as guarantee for its accuracy. An adverse pleader, like Hyperides, might indeed turn a point in his speech[723]—“You told the assembly that there were 700 talents, and now you produce no more than half”—but the imputation wrapped up in these words against the probity of Demosthenes, is utterly groundless. Lastly, when the true amount was ascertained, to make report thereof was the duty of the officers of the treasury. Demosthenes could only learn it from them; and it might certainly be proper in him, though in no sense an imperative duty, to inform himself on the point, seeing that he had unconsciously helped to give publicity to a false statement. The true statement was given; but we neither know by whom, nor how soon.[724]