Reviewing the facts known to us, therefore, we find them all tending to refute the charge against Demosthenes. This conclusion will certainly be strengthened by reading the accusatory speech composed by Deinarchus; which is mere virulent invective, barren of facts and evidentiary matter, and running over all the life of Demosthenes for the preceding twenty years. That the speech of Hyperides also was of the like desultory character, the remaining fragments indicate. Even the report made by the Areopagus contained no recital of facts—no justificatory matter—nothing except a specification of names with the sums for which each of them is chargeable.[725] It appears to have been made ex-parte, as far as we can judge—that is, made without hearing these persons in their own defence, unless they happened to be themselves Areopagites. Yet this report is held forth both by Hyperides and Deinarchus as being in itself conclusive proof which the Dikasts could not reject. When Demosthenes demanded, as every defendant naturally would, that the charge against him should be proved by some positive evidence, Hyperides sets aside the demand as nothing better than cavil and special pleading.[726]
One farther consideration remains to be noticed. Only nine months after the verdict of the Dikastery against Demosthenes, Alexander died. Presently the Athenians and other Greeks rose against Antipater in the struggle called the Lamian war. Demosthenes was then recalled; received from his countrymen an enthusiastic welcome, such as had never been accorded to any returning exile since the days of Alkibiades; took a leading part in the management of the war; and perished, on its disastrous termination, along with his accuser Hyperides.
Such speedy revolution of opinion about Demosthenes, countenances the conclusion which seems to me suggested by the other circumstances of the case—that the verdict against him was not judicial, but political; growing out of the embarrassing necessities of the time.
There can be no doubt that Harpalus, to whom a declaration of active support from the Athenians was matter of life and death, distributed various bribes to all consenting recipients, who could promote his views,—and probably even to some who simply refrained from opposing them; to all, in short, except pronounced opponents. If we were to judge from probabilities alone, we should say that Hyperides himself, as one of the chief supporters, would also be among the largest recipients.[727] Here was abundant bribery—notorious in the mass, though perhaps untraceable in the detail—all consummated during the flush of promise which marked the early discussions of the Harpalian case. When the tide of sentiment turned—when fear of Macedonian force became the overwhelming sentiment—when Harpalus and his treasures were impounded in trust for Alexander—all these numerous receivers of bribes were already compromised and alarmed. They themselves probably, in order to divert suspicion, were among the loudest in demanding investigation and punishment against delinquents. Moreover, the city was responsible for 700 talents to Alexander, while no more than 350 were forthcoming.[728] It was indispensable that some definite individuals should be pronounced guilty and punished, partly in order to put down the reciprocal criminations circulating through the city, partly in order to appease the displeasure of Alexander about the pecuniary deficiency. But how to find out who were the guilty? There was no official Prosecutor-general; the number of persons suspected would place the matter beyond the reach of private accusations; perhaps the course recommended by Demosthenes himself was the best, to consign this preliminary investigation to the Areopagites.
Six months elapsed before these Areopagites made their report. Now it is impossible to suppose that all this time could have been spent in the investigation of facts—and if it had been, the report when published would have contained some trace of these facts, instead of embodying a mere list of names and sums. The probability is, that their time was passed quite as much in party-discussions as in investigating facts; that dissentient parties were long in coming to an agreement whom they should sacrifice; and that when they did agree, it was a political rather than a judicial sentence, singling out Demosthenes as a victim highly acceptable to Alexander, and embodying Demades also, by way of compromise, in the same list of delinquents—two opposite politicians, both at the moment obnoxious. I have already observed that Demosthenes was at that time unpopular with both the reigning parties: with the philo-Macedonians, from long date, and not without sufficient reason; with the anti-Macedonians, because he had stood prominent in opposing Harpalus. His accusers count upon the hatred of the former against him, as a matter of course; they recommend him to the hatred of the latter, as a base creature of Alexander. The Dikasts doubtless included men of both parties; and as a collective body, they might probably feel, that to ratify the list presented by the Areopagus was the only way of finally closing a subject replete with danger and discord.
Such seems the probable history of the Harpalian transactions. It leaves Demosthenes innocent of corrupt profit, not less than Phokion; but to the Athenian politicians generally, it is noway creditable; while it exhibits the judicial conscience of Athens as under pressure of dangers from without, worked upon by party-intrigues within.[729]
During the half-year and more which elapsed between the arrival of Harpalus at Athens, and the trial of Demosthenes, one event at least of considerable moment occurred in Greece. Alexander sent Nicanor to the great Olympic festival held in this year, with a formal letter or rescript, directing every Grecian city to recall all its citizens that were in exile, except such as were under the taint of impiety. The rescript, which was publicly read at the festival by the herald who had gained the prize for loudness of voice, was heard with the utmost enthusiasm by 20,000 exiles, who had mustered there from intimations that such a step was intended. It ran thus: “King Alexander to the exiles out of the Grecian cities—We have not been authors of your banishment, but we will be authors of your restoration to your native cities. We have written to Antipater about this matter, directing him to apply force to such cities as will not recall you of their own accord.”[730]
It is plain that many exiles had been pouring out their complaints and accusations before Alexander, and had found him a willing auditor. But we do not know by what representations this rescript had been procured. It would seem that Antipater had orders farther, to restrain or modify the confederacies of the Achæan and Arcadian cities;[731] and to enforce not merely recall of the exiles, but restitution of their properties.[732]
That the imperial rescript was dictated by mistrust of the tone of sentiment in the Grecian cities generally, and intended to fill each city with devoted partisans of Alexander—we cannot doubt. It was on his part a high-handed and sweeping exercise of sovereignty—setting aside the conditions under which he had been named leader of Greece—disdaining even to inquire into particular cases, and to attempt a distinction between just and unjust sentences—overruling in the mass the political and judicial authorities in every city. It proclaimed with bitter emphasis the servitude of the hellenic world. Exiles restored under the coercive order of Alexander, were sure to look to Macedonia for support, to despise their own home authorities, and to fill their respective cities with enfeebling discord. Most of the cities, not daring to resist, appear to have yielded a reluctant obedience; but both the Athenians and Ætolians are said to have refused to execute the order.[733] It is one evidence of the disgust raised by the rescript at Athens, that Demosthenes is severely reproached by Deinarchus, because, as chief of the Athenian Theôry or sacred legation to the Olympic festival, he was seen there publicly consorting and in familiar converse with Nikanor.[734]
In the winter or early spring of 323 B. C. several Grecian cities sent envoys into Asia to remonstrate with Alexander against the measure; we may presume that the Athenians were among them; but we do not know whether the remonstrance produced any effect.[735] There appears to have been considerable discontent in Greece during this winter and spring (323 B. C.). The disbanded soldiers out of Asia still maintained a camp at Tænarus; where Leosthenes, an energetic Athenian of anti-Macedonian sentiments, accepted the command of them, and even attracted fresh mercenary soldiers from Asia, under concert with various confederates at Athens, and with the Ætolians.[736] Of the money, said to be 5000 talents, brought by Harpalus out of Asia, the greater part had not been taken by Harpalus to Athens, but apparently left with his officers for the maintenance of the troops who had accompanied him over.