Assuming the dikasteries at Athens to be ever so defective as
tribunals for administering justice, we must recollect that they
were the same tribunals under which every Athenian citizen held his
own fortune or reputation, and that the native of any subject city
was admitted to the same chance of justice as the native of Athens.
Accordingly, we find the Athenian envoy at Sparta, immediately before
the Peloponnesian war, taking peculiar credit to the imperial city
on this ground for equal dealing with her subject-allies. “If our
power (he says) were to pass into other hands, the comparison would
presently show how moderate we are in the use of it: but as regards
us, our very moderation is unfairly turned to our disparagement
rather than to our praise. For even though we put ourselves at
disadvantage in matters litigated with our allies, and though we have
appointed such matters to be judged among ourselves and under laws
equal to both parties, we are represented as animated by nothing
better than a love of litigation.”[83] “Our allies (he adds) would
complain less if we made open use of our superior force with regard
to them; but we discard such maxims, and deal with them upon an
equal footing: and they are so accustomed to this, that they think
themselves entitled to complain at every trifling disappointment
of their expectations.[84] They suffered worse hardships under
the Persians before our empire began, and they would suffer worse
under you (the Spartans), if you were to succeed in conquering us
and making our empire yours.” History bears out the boast of the
Athenian orator, both as to the time preceding and following the
empire of Athens.[85] And an Athenian citizen, indeed, might well
regard it, not as a hardship, but as a privilege, that subject-allies
should be allowed to sue him before the dikastery, and to defend
themselves before the same tribunal, either in case of wrong done
to him, or in case of alleged treason to the imperial authority of
Athens: they were thereby put upon a level with himself. Still more
would he find reason to eulogize the universal competence of these
dikasteries in providing a common legal authority for all disputes of
the numerous distinct communities of the empire, one with another,
and for the safe navigation and general commerce of the Ægean. That
complaints were raised against it among the subject-allies, is noway
surprising: for the empire of Athens generally was inconsistent
with that separate autonomy to which every town thought itself
entitled,—and this was one of its prominent and constantly operative
institutions, as well as a striking mark of dependence to the
subordinate communities. Yet we may safely affirm, that if empire
was to be maintained at all, no way of maintaining it could be found
at once less oppressive and more beneficial than the superintending
competence of the dikasteries,—a system not taking its rise in the
mere “love of litigation,” if, indeed, we are to reckon this a
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