This argument seems for the time to have satisfied Theramenes. But as deeds of blood followed each other with increasing rapidity, and the murmurs of all honest citizens, though stifled in public, began to find vent in private circles, Theramenes again warned his colleagues, that it would be impossible for the oligarchy to subsist long on its present narrow basis. He wished that they might be able to dispense with the foreign garrison, and foresaw that, if they persisted in their present course, they could never safely dismiss it. His advice now produced some effect on them; but they seem to have been alarmed not so much by the danger which he pointed out as by the warning itself. They knew that he was a man who had never adhered to any party which he believed to be sinking, and suspected that he might be meditating to put himself at the head of a new revolution, as in the time of the Four Hundred. And though his character was so generally understood that he had acquired a homely nickname,[2] which expressed the readiness with which he shifted his side, and the dexterity with which he adapted himself to every change of circumstances, still he might again become a rallying-point for the disaffected. To guard against this danger they determined to strengthen themselves by an expedient similar to that which had been adopted by the former oligarchy. They made out a list of three thousand citizens, who were to enjoy a kind of franchise which perhaps was never exactly defined; but one of its most important privileges was, that none of them should be put to death without a trial before the council. All other Athenians were outlawed, and left to the mercy of the Thirty, who might deal as they thought fit with their lives and property.
Theramenes objected to the new constitution, both on account of the small number of the privileged body, and its arbitrary limitation, which would show that the selection did not proceed upon any ground of merit.
Since they meant to govern by force, it was impolitic, he said, to establish such a disproportion between their strength and that of the governed. His objections were overruled, but not wholly neglected. They perhaps suggested the precaution which was immediately afterwards adopted. Under pretext of a review all the citizens were deprived of their arms, except the knights, and the Three Thousand, who were thus enabled to cope with the rest. The Thirty now believed themselves completely secure, and grew more and more reckless in the indulgence of their rapacity and cruelty. In the low state to which the Athenian finances were reduced, the maintenance of the garrison was a burden which they found it difficult to support; and, among other extraordinary means of raising supplies, it appears that they resorted to the spoliation of the temples. But this was an expedient which probably required some caution and secrecy, and which could not be carried beyond certain limits. One which perhaps appeared both safer and more productive was suggested by Piso and Theognis, two of their number, who observed that several of the resident aliens were known to be ill-affected to the oligarchy, and thus afforded a pretext for plundering the whole class.
They therefore made the proposition that each of the Thirty should have one of the wealthy aliens assigned to him, should put him to death, and take possession of his property. Theramenes very truly remarked, that the sycophants who had rendered the democracy odious to many, had never done anything so iniquitous as what was now contemplated by the persons who were used to style themselves the best sort of people, for they had never taken away both money and life; and he apprehended with good reason that this measure would render the aliens generally hostile to the government. But his colleagues, after what they had already done, were not disposed to view this question on the moral side, and, having braved the hatred of their fellow-citizens, they were not afraid of provoking the aliens. The proposition was adopted; and Theramenes was invited to single out his prey with the rest: but he refused to stain his hands with this innocent blood. It was however resolved to begin by taking ten lives; and, for the sake of covering the real motive, two of the victims were to be poor men, who would therefore be supposed to have suffered for some political offence.
[403 B.C.]