The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-08-23

n
exposition being directed TO the ntsllsc
rather than the emotions, does not ordi
narily lose it's effect, when viewed, apar
from It's delivery, az a composition ou
author finds in Benjamin n. Curtis typica
example OF this order Of mind. In jur,
trials. on the other hand. where the mo
tiyes upon which tho desired action vii
depend cannot be known beforehand will
precision, or where IL IN AT least conceivable
that considerations Of truth and justice
may be overbalanced by other motives. al
| appeal 10 the emotions becomes OF the first
Importance. The scope OF the kind oi
advocacy which IL directed to jury Is
practically unlimited II deals with per
sons. things and acts--the facts In evidence
| and the law applicable to such facts 'Oi
the various methods Of expression. 1t ID
obvious that the principles Of narration
and description are al applicable to forensic
AZ to other discourse Exposition and ar
J gurnent, indeed. are limited In part TO legal
| logic, and TO rules concerning the admis-
sion Of evidence. In determining the facts
| OF a case, however. the advocate depends
upon reasoning common to all men. Even
In determining the rule OF law by which
the issue Is TO be governed, he depends,
first. no doubt, upon knowledge OF rules
peculiar 60 Il small area. but, secondly,
upon the application of these rules to the
facts by universal methods Of reason "
In other words, the special knowledge
necessary for the advocate whose business
II Is to convince or persuade jury depends
upon and liz surrounded by knowledge
OF the universal methods Of reasoning.
Our author holds. therefore, that. al
though not susceptible OF being ranked
with the more aesthetic forms OF literature
which appeal directly to the emotions
through the imagination, the advocates
work may still be literature. 1t is not neces-
sary that the quality which makes work
literature should be it's primary object and
purpose The power to appeal to the emo
tions il generally, II not always, combined
In literature with other qualities, and some
times the aim and worth Of the work depend
upon these other qualities. For instance,
We do not value history mainly for its
vivacity. picturesqueness and pathos. es-
sential though these characteristics may be
to literary quality We value 1t primarily
for its accuracy, justice OF view and truth;
but the eNcelenoe Of the work. considered
Az historical literature will depend upon
the skill Of the author in combining
historical and literary virtues so 1t is
with the work of the advocate Although
the intellectual element predominates, what
we call force energy, vigor. vivacity, are
only names for the incidental power to stir
the emotions which distinguishes literature;
the rank Of an advocates work, az litera-
ture, will depend upon his power to combine
cearneas and accuracy with emotional inter-
est Mr. veeder finds examples OF forensic
literature in the arguments of Daniel Web
ster. Marshalls influence on literary style
seems TO have been mainly professional;
Webster's, on the Their hand, was universal,
and the care taken by him In preparing his
spesohes FOR publication made them per-
manent literary force
Our author Is one OF those who are in
clined TO believe. though they are unable to
prove it owing to The inadequacy Of the
published reports, that in respect OF loren
sic eloquence Daniel Webster himself was
surpassed by Rufus Choate. IF one may
Judge from the uniform Impression that he
made upon his contemporaries, and tho
measure OF his success with juries, Rufus
Choate was the greatest forensic orator who
has ever appeared at the American bar He
seems 10 have had in rare combination
large measure Of those qualities which
characterized the highest oratory. Beneath
all the luXuriance " his metaphorio style
may be observed a masculine understand
ing He had at once an observing and an
analysing mind; keen perception Of par
ticulars, and logical faculty for generally
ing and grouping them. He had, moreover,
a splendid Imagination, which gave light and
vivacity TO all the operations Of his mind.
To these qualities of strength and magma
tion he added an emotional and enkindling
physical warmth, as well
az moral and emotional susceptibility.
His sensibilities were by nature lively. and
his mind grasped things with great bright
ness and fulness Of detail, calling into play,
with corresponding intensity, the appro-
pirate accompanying feelings. From such
sprang his remarkable abil-
ity 70 force any part of his subject alto
gether out Of Its natural relations. and then,
by his mingled imagination, and SENSIBLE
ity, and wealth Of language, invest II with
a character not its own"
Rufus Choate ID not included among the
Of the Bench and Bar who figure
In the volumes before us, because, az we
have minated worry few of his arguments
were reported with even tolerable accuracy
Benjamin r. Curtis ia pronounced COM
plete contrast 10 Choats. Curtis was
the most consummate master Of pure
intellectual style among American lawyers
Of recent times, He was also the Last
advocate whose style was sufficiently |
distinctive and distinguished, and whose |,
position was sufficiently commanding,
10 exercise an extended influence on |
professional methods His style, further
more, conceded exactly with the require |
ments OF modern conditions Wholly lack
ing in imagination. Curtis went straight to |
the reason with precision OF thought, |
Dlearness of statement and simplicity OF !
diction which enabled him to compass the |
most intricate problems with the utmost
despatch. His arguments were fully |
wrought. in every essential detail with q |
,alm. clear and unimpassionate rhe torio
hat In the perfection Of It's kind. In this
respect Marshall was his only equal
III.
The initial place in these volumes is az
signed tn Lord Mansfield, our author repro
tucing one Of his judicial opinions, and the
PAPER prepared by him for King George III.
II reply to a declaration made by Frederick
r. Of Prussia, in which certain disputable