Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1828-07-11
FRIDAY, July III, 1928.
positive superiority, which ought not to be aban

doned.
The eoquence of Horace Binney, in reference
solely to the bar, is of the highest order, and
rying in its aspect. With voice susceptible Of ev-
cry meditation, and never loud or harsh, his utter
ance lis liquid, natural, and distinct Words, ap
propriate in emphasis and meaning, fall copiousy
from his lips, clearly arranged never to need
repetition. Hence, he is remarkable for brevity i
instinctvely perceving that what he has spoken is
perfectly understood, and that iteration therefore,
would be, like adding perfume to the violet wasteiu
and ridiculous excess.
His great charm and exalted merit is one which
springs from spirit Of uncompromising integrity,
based on habitua and practical piety. We mean
his uniform effort to convince, rather than to per-
suade his direct and unremittng appeal to the I'M
Outstanding, dsregardng the possible prejudces of
his hearers, and scornlng to amuse their ances his
treatment OF every man, judge or juror, as ration
a and moral being, whose mind is to be mastered,
and whose passions, always dangerous to truth,
should be suffered to Sleep To deny him the pow
er of captivating and misleading the Senses is to
tax the eagle soaring against the sun with wanting
linnet's note or the mock-b birds lure. Disdaning
to deceive or to Aater he invokes the memory to
facts, with candour and then detes the intellect to
repel his deductions. In this course he proceeds
with what the ablest civilian of our country has
repeatedly pronounced unequaled logic; avigor &
closeness ofreasoning exhibited only by minds Of the
strongest texture, Injured to the hardest exercise.
Nor can we admit that in thus addressing
least educated jurles, he mspcnds his force or MIS-
takes his position. Genuine argument, except
where necessarily technical, is as simple as pow
eriul it is unincumbered by artificial imagery OF
! ford illustration, it keeps the point for solution I'M
obcurred by irrelevant or distracting ideas; and 1t
needs no better recipient that the common sense
fairly presnmable in every respectable citizen.
The correctness of our assertion is abundantly
proved by the popularity of this stern advocate,
towards whom the jury unito rmy look with con-
fidence that their conscience will be aided and
enlightened. However incompetent they may be
to measure his intellectual studies, TO detect the
consummate skill of his harangues, they must be
fools indeed if bewidered by perspicuity, con-
founded by plain and pure English.
: Let it not be supposed, however, that Horace
:, Binney excludes all grace and ornament; both are
. ever present-but they are as accidents, more fell
than noticed; cling ing like the vine or the ivy, un-
: constrained to the sub stantlal structure OF down.
4 right reasoning. His selected flowers rare,
r and when shown, instead ofgaudy exotics, at which
\ his listeners stare in establishment, they are the
spontaneous product of the soil he is abouring to-
4 wards which, whatever be their perfume or beauty
the attention is not for an instant diverted nice
and alytcal observer would say that he is otter
9. metaphorical and fgurative, when the less auditor
y can discern no departure whatever from the direc
pathway of robust argument
ty Neither will it be just to imagine that because ht
t. claims triumph through the mind, he is altogeth
a. er formal, cold, and abstract His delivery is ia
,;s Their rapid his very earnest and his &C
dc ton, though imprisoned, fairly seconds TIL
he nhexon OF his voice. and the glow of his counte
ON understandings indeed, in contests of acknow
"a lodged moment and interesting details, hav
,se him reused, particular points, and by nj
IN. own CONCENTRATIONS, into burst of vehemence, o
Ely melted into tone of forebearing charity, as e1et
se: tive and as sudden as flash of lightning.
ad The personal and social qualities Of an ndividu
rec in community like ours, add or detract, more {
ic- less, from his weight advocate. We insens
bly, permit the cause to share in our estimate OF I'll
ra- man by whom it is espoused and although Ii
i'm most rigid moraliss impose scarcely any restrain
nd upon the devotion of counsel to his client, "
Ter. we are SLOW to think that integrity like Horace Ri
out ney's can be enlisted for unjust purpose, tn
ms, his abilities will condescend to mere sophistry,
lea that he will expend his abour upon any thing
NAL worthy the deepest attention from others. To
sa- opposed to him, therefore, is prna acie to be
mi the wrong side. This is inevitable tribute pa
by the most jealous and wary judges a silent al
the secret influence, which often, ere the subject
its scrutiny is unfoded, gives an inclination to Il
ner minds of Jurors, not afterwards to be recthed wit
nav out struggle. Of an advantage so encouraging
Ian the Of litigation, impossible that he shou
leu remain wholly unaware perhaps the composu
ty with winch ne enters the sts'ana ,ne imPertufoat
tied patience with which he 'sbdes his time" spri
dis from its consciousness: yet we cannot perceive tt
3uld it awakens premature exultation, or rellan
in unconnected with the proofs and principles of
are case.
as. Of this distinguished lawyer, we say, in conc
nate sion, without attempting any nvdous comparison
ma that had he hourished in region less sedate a
in tranquil had ne been SUBJECT to the gallant ent
tr- sasm OF hlchmond or Norlolk' to the elaborate
ap- boastulness OF boston. or even TO me sPrigh'
min cheers OF New YORK, MS tame would long SIN
, he have ecpsed that of many of his more notorious
eth temporaries.
and