In the oration against the Athenians, delivered by the Syracusan
Hermokratês at Kamarina, Athens is accused of having enslaved her
allies partly on the ground that they neglected to perform their
military obligations, partly because they made war upon each
other (Thucyd. vi, 76), partly also on other specious pretences.
How far this charge against Athens is borne out by the fact, we
can hardly say; in all those particular examples which Thucydidês
mentions of subjugation of allies by Athens, there is a cause
perfectly definite and sufficient,—not a mere pretence devised by
Athenian ambition.
[77] According to the principle laid down by the Corinthians
shortly before the Peloponnesian war,—τοὺς προσήκοντας ξυμμάχους
αὐτόν τινα κολάζειν (Thucyd. i, 40-43).
The Lacedæmonians, on preferring their accusation of treason
against Themistoklês, demanded that he should be tried at Sparta,
before the common Hellenic synod which held its sitting there,
and of which Athens was then a member: that is, the Spartan
confederacy, or alliance,—ἐπὶ τοῦ κοινοῦ συνεδρίου τῶν Ἑλλήνων
(Diodor. xi, 55).
Among the thousand towns which paid tribute to Athens,—taking this
numerical statement of Aristophanês, not in its exact meaning, but
simply as a great number,—if a small town, or one of its citizens,
had cause of complaint against a larger, there was no channel except
the synod of Delos, or the Athenian tribunal, through which it could
have any reasonable assurance of fair trial or justice. It is not
to be supposed that all the private complaints and suits between
citizen and citizen, in each respective subject town, were carried
up for trial to Athens: yet we do not know distinctly how the line
was drawn between matters carried up thither and matters tried at
home. The subject cities appear to have been interdicted from the
power of capital punishment, which could only be inflicted after
previous trial and condemnation at Athens:[78] so that the latter
reserved to herself the cognizance of most of the grave crimes,—or
what may be called “the higher justice” generally. And the political
accusations preferred by citizen against citizen, in any subject
city, for alleged treason, corruption, non-fulfilment of public duty,
etc., were doubtless carried to Athens for trial,—perhaps the most
important part of her jurisdiction.
[78] Antipho, De Cæde Herôdis, c. 7, p. 135. ὃ οὐδὲ πόλει
ἔξεστιν, ἄνευ Ἀθηναίων οὐδένα θανάτῳ ζημιῶσαι.
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