New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-25

HI a. "A
son large 12mo PIP 400 Boston: houghton'
Mfiin Co
Tn this book labor Of rcverent affection has been
accomplished with dignity and taste. Judge Neil
son, himself an eminent jurist, was deeply inn
pressed as SO many others were among the in
tellectual men of his gencraton.-wIth the poetic
genius the original character. the wonderful co-
qucucc. the unique personality and the vast learn
ing Of Rufus Choatc; and now, at the distance oi
twenty five years from the death of that great and
famous American. he has recorded his natural and
honest admiration, in a book that Is equally an ut
terancc of noble feeling and thoughtful tribute to
brilliant worth His volume is not biography. 1t
mentions indeed the chief facts of ChOates career
Dut its authors object and this he has thoroughly
achieved was to descant on prominent aspects OF
the life and character of the renowned advocate
and 10 assemble such personal recollcctions OF hn
as might tend to make him still living presence IN
the world and 10 keep his memory green, not only
for today but for "a distant poStcrity. 1t was
good object and in the pursuit of it Judge Nelson
has displayed holiness of thought temperance OF
mood. clcarness and cogcncy in logical reasoning,
wide knowledge and firm grasp of his subject. and
the easy command of a smooth and direct style.
The court room was Mr.. ChOates chef arena, and
many of his great fcats in oratory- which indeed at
times were brilliant beyond parallel or description
were there performed. His life was mainly de-
voted 10 the law but he frequently lccturcd on
literary subjects and he delivered speeches in Con
gross. and oratiOns on many memorable public oc-
casionS. One of the most splendid examples of clo-
0uence that ever have been recorded was mis- de
livery of a speech in Faneun Hall in 1896, pro
pheticay announcing the approach of the CIVIL
War. He was. in politics. an old-lme Wing fro-
tectioniSt q follower OF Daniel Webster, devoted
I'nionist conscientious, sincere. high minded
In, ba Va no 1iSciDlp
Cicero and Burke-but with a character and a style
entirely bis own ever seen in any other man be
fore or since As jurst he was pTe-emlncnt among
the best As q scholar in the ancient languages and
I'm literature he had few equals and no superior. In
religion he was a sincere and devOut Presbyterian
His temperament was sweet gcutle and irresistlby
charming He diffuScd happiness in his private llic
and in all his public career he a shining light
and a noble example.
The good intellectual habit of Judging intellectual
men abstractly and without regard to their ident-
fcatiOn with popular movements ana commonly &C
cepted ideas has been steadily winning its way in
this country but it was not widely predominant
twenty-five years ago. During the latter part of
Rufus Choates life and at the time of his death,
observation-disclosures busy with shining namcs-was
freely audible in his disfavor. One of the most
savage attacks ever made upon genius and virtue
was made, for instance, in an article on Rufus
Choatc written by the Rev. MOncure-D. Conway,
in a magazine called The Dial, in 1860. The same
intolerance which, in earlier times, had mObbcd
Garrison in the streets of BostOn-the pendulum of
public feeling having, IN the meanwhile. swung to
the other extreme-was now eager to vent itself
upon all over cautious conservatives and friends of
compromise Choate, who believed that the slavery
question and all other questions. could be settled
without n war, and who wished to preserve the
Union without the shedding of blood had in letter
10 the Wings of Maine. referred to " tho sounding
and gttcring generatics of the Declaration of In
Dependence and had voted for Buchanan This
was sufficient. TO talk about the Constitution and
the laws of the land was to outrage the higher
law" and to loosen the shoppers in all the Walls of
partisan wrath Webster dying in 1852, had
passed away in retirement and considerable dis
favor ChOate, Everett. Winthrop, Fillmore, Cush-
ing and other noted men of the like political per-
suasiou whether Democrat or Wing who set them
selves against the current of opinion, SHARED in this
popular Obloquy Against Choate the censure of
the time directed itself toward three points. lie
was declared 10 he the advocate of slavery: he was
denounced as the lawyer who, by spcciOus beguilc
ncnt of urieS had made il safe to murder, and who
was therefore an enemy TO civilized society; and
since it could not he denied that he was brilliant,
dctracton freely affirmed that he was shallow. On
each point his werc wrong. lie did not be
hevc in slavery but he believed that the disease
could be extirpatcd without the knife. and he
thought that if the sword were once drawn the Re
public would perish. As lawyer he always did
the utmost that ne could do for his client-whlch Is
admittedly a lawyers duty; but nobody now
dreams Of saying that he went beyond the line
of rectitude aud honor. An advocate, oven when he
knows that his client is guilty, when once entered
on tho case. must contnnc to defend him. This
was sanctioned by the court in the famous instance
of Phillips and COurvousicr The partial acquittal
that C.oate obtained in the case of TiIrcll was OBJ
tanned not by his elOqucnce OF his ingenuity but by
his evidence and by rational Theory urged with
all the sincerity of profound conviction. The adj
yocatc did not know and did not believe, that his
client was a wilful murderer At later time, in
the case of Professor Webster, believing him TO be
guilty lie refused TO undertake the defence. As to
his learning-the man whose legal lore and splendid
command Of positive knowledge had the admiration
Of Webster Shaw Washburn, Parsons Lunt, Good
rich and Bartlett, and whose classical and general
scholarship satisfied and delighted Edward Everett,
can never have needed any defence. Judge Nelson
has traYcrsed the whole of the field denoted here,
and the reader will follow his footsteps with inter
est and profit. For the young men of the new gene
ration In particular, his book opens most nstruc-
tive view of the champions, the ideas. the con-
tentIons and the ordeas Of a stormy past. Those
readers on the other hand who remember Choatc
and his times, may smile 10 think of fighting the old
battles over once more and once more Staying the
slain.
" Time is like the peacefulneSs Of grass" Those
old heroes are all beneath the sod. The Nation has
passed through her peril and agony, and is pressing
onward IN safety and prosperity. 1t is easy TO be
wise after the event We can see now wherein men
like Webster and ChOate might well have shown a
larger wisdom and courage-accepting, in the
passionate impulse of a people, an admOntiOn from
the moral government of the world, and being con-
tent 10 act upon il and leave the rest 10 Heaven.
But the posture of their political opinions has long
since ceased To be important. Themselves are now