Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-10-29
American Lawyers.

The incidents of the late war, between the
two sections of the United States, have
brought TO the surface, some of the finest
specimens of American lawyers. who other
wise might have passed away unhonUred and
unknown, as men of great professional Rbili.
ty. Burke and Chatham. and Curran. and
the many Others who make up the galaxy in
the history of British eioquence. though the
most distinguished lawyers in history, did not
in their day surpass in greatness. the edu-
Gated thorough bred American lawyer, of the
present day. We need not 90 back to Clay,
Webster aud Calhoun, in the United States
Congress, for great aGd successful cEurts in
American eIrqueuce.
But we may 90 into the humblcst court
room any where lu the United States, aud If
TIE Importance Of the trial will warruut, we
are startled with speeches Of the greatest ex-
ccllcnce, distinguished Tor learning, purity OF
thought. souudness Of logic, and above all
tile power OF elcquence.
la the history vi our State trials. this has
beeu remarkably 80. The trials at Washing
ton. growing out Of the murder OF Lincoln,
have brought before the country some Of the
best legal talent in the world.
In anticipating the tria! of Jefferson Davis
for treason against tie United States, the
world was looking for the finest and most
powerful array of professional talent and if
the trial had taken place, if it should yet
take place, this expectation will not be dis
appointed. The trial of Aaron Burr, elected
the finest talent, aud pureSt eloquence then
known to American judicial history . but
how lar sLUlt Tell the most popular effort on
that occasion, when compared with the speech
of the Hon. ID. W. Voorhees, who come
from the sunset side of the western hills" TO
meet the bar of Virginia, in defence of the
wuywaTd boy. who attached hIusc!f TO the
fortunes of old John Brown.
The late trial of John II. Surratt has been
fruitful in producing, Tor the edIication aud
example Of the admirers aud lovers of forensic
eloqueuce, the lOiticst aud most iuimitable
outbursts of impaSsiOued aud iorcible utter
ances, known to the English lauguage We
may 20 back to the debates in the Roman
Senate, and We shall fud nothing to surpuss
in chastity of language and purity Of though;
and expression the speech Of l.. I. MerrIck
who carried the jury with him." in the de
tensc of the prisoner, John II. Surratt At
times the jury found themselves ba:hcd in
tears, sitting in court Of mercy, instead Uf
justice. Yielding to the piercing appeals OF
the advocate, they for time forgot the frail
ties Of human nature, aud that the blood of
Abel had stained the hand of his brother
the Judgment had lost its sway reason was
dethroned; the better nature had exalted
itself high in the ascendant over every faculty
of the mind mercy had triumphcd over jus
ticc, and the prisoner stood before them. il
not pure and sPOtless, an acquitted and par
dOLed man. Such IS the power Of eloGueuce.
In this case, even the Judge on the bench
said to be highly Prejudiced against the pris-
Oner, often had his vision darkcmed by tears of
sympathy. The members Of the bar, mani
Tested the strongest emotions at the success
OF their brother attorney, while suborners of
testimony and perjured witnesses dropped
their heads, and overcome by Cummingled
feelings Of sympathy, shame and remorse.
rushed out of the court room overwhelmed
with uuutterablc emotions.
There are many instances in the history of
American trials, Of the triumph of elOquence.
\ young man of great promise. and whose
death the whole country lamented. was Hugh
Swiuton Legare, Of South Carolina. His star
was rapidly ascending, when it was suddenly
Pluckcd from the galaxy and cx;inguished
forever
His greatest effort, probably, was in case
involving the descent of large amount Of
properly belonging to gentleman, who per-
lShed with his wife in disaster at sea. The
HhSSAlNi hdS, hulCu survived IIe OJUcf IN Inc
common calamity. the husband or the wife
In law the presumption is that the husband
being the stronger OF the two survived and
the rule is fixed that the husband is the sur
vivor, and the inheritance decends according
ly- But in this Legare knowing that
the presumption might be removed by testi-
mony. introduced survivors of the disaster,
who testified that the lady in question while
being tossed upon the waves, was frequently
heard to call for husband, who gave no an
swer. Legare seized upon her dying words,
and gained the suit for the heirs of the wife.
by closing his speech repeating three times.
in the most eloquent strains; my husband,
oh. my husband"
The American bar in every State in the
Union, is ornamented by men eloquent and
learned in their profession. And whatever
may be said Of the silly ''phrase men," DEM
agogues, aud stump orators of poor and super
fetal at'ainmen;s throughout the country,
Americans may ever boast and feel proud of
a nation that has given birth aud education
to American lawycrs.-HousfoIr JournQL