THE GENERALS CONDEMNED AND EXECUTED. 203 of hemlock ; their property being confiscated, as the decree o/ the senate prescribed. Respecting the condemnation of these unfortunate men, pro nounced without any of the recognized tutelary preliminaries foi accused persons, there can be only one opinion. It was an act of violent injustice and illegality, deeply dishonoring the men who passed it, and the Athenian character generally. In either case, whether the generals were guilty or innocent, this censure is de- served, for judicial precautions are not less essential in dealing with the guilty than with the innocent. But it is deserved in an aggravated form, when we consider that the men against whom such injustice was perpetrated, had just come from achieving a glorious victory. Against the democratical constitution of Athens, it furnishes no ground for censure, nor against the habits and feelings which that constitution tended to implant in the indi- vidual citizen. Both the one and the other strenuously forbade the deed ; nor could the Athenians ever have so dishonored themselves, if they had not, under a momentary ferocious excite- ment, risen in insurrection not less against the forms of their own democracy, than against the most sacred restraints of their habitual constitutional morality. If we wanted proof of this, the facts of the immediate future would abundantly supply it. After a short time had elapsed, every man in Athens became heartily ashamed of the deed. 1 A vote of the public assembly was passed, 2 decreeing that those who had misguided the people on this occasion ought to be brought to judicial trial, that Kallixenus with four others should be among the number, and that bail should be taken for their appearance. This was accordingly done, and the parties were kept under custody of the sureties themselves, who were respon- sible for their appearance on the day of trial. But presently both foreign misfortunes and internal sedition began to press too neavily on Athens to leave any room for other thoughts, as we shall 1 I translate here literally the language of Sokratus in his Defence (Plato, VjoL c. 20), napavopuf, cif Iv T> iiaripu xpovtf) it aaiv vfj.lv Uo^c.
- Xenoph. Hellen. i, 7, 39. This vote of the public assembly was knowi,
at Athens by the name of Probole. The assembled people <lischarged on this occasion an ante-judicial function, something like that of a G.-aud Jury
