18
I submit that it is not fair to combine the two pleas, that the gift was not illegal and that the Council are not responsible for the lack of ships. For if it is right to give them the reward even when they have not built the ships, what need is there to say who is responsible for the omission? But if it is not right, why were the Council any the more entitled to it, because he can point to this or that man as responsible for the shortage?
19
Apart from that, it seems to me that such arguments offer you a choice, whether you think you ought to hear excuses and pleas from men who have done you harm, or whether you ought to have some ships. For if you accept the defendant’s plea, it will be clear to every future Council that their business is to find you plausible excuses, not to build you ships, with the result that your money will be spent, but there will be no ships for you.
20
But if, as the law says and as your oath enjoins, you sternly and absolutely reject their excuses, and make it clear that you have withheld the reward because they have not built the ships, then every Council, men of Athens, will deliver to you the ships duly built, because they will see that in your eyes everything else is of less consequence than the law. Now I shall show you clearly that no other human being is responsible for the shortage of ships; for the Council, having made the law null and void, elected this treasurer themselves.The treasurer should have been elected by the people; the Council, by appointing him illegally, made themselves responsible for his defalcations. The corruption of this passage is as old as Harpocration. Mss. have ἁυτῇ or ἁυτήν . With the latter and a comma after τοῦτον, editors have tried to translate ἐχειποτόνησεν voted itself guilty. Jurinus was the first to suggest αὐτὴ and to refer τοῦτον to the treasurer.
