Page images
PDF
EPUB

whole pleading, not to one or a few learned judges of the point of law, as is the case with us, but to an assembly of Roman citizens. Hence those arts of popular eloquence which he employed with such success. Hence, certain practices which would be reckoned theatrica! by us, were common at the Roman bar; such as introducing not only the accused person dressed in deep mourning, but presenting to the judges his family and young children, endeavouring to excite pity by their cries and tears.

Be

The foundation of a lawyer's reputation and success must be laid in a profound knowledge of his profession. If his abilities as a speaker be ever so emin ent; yet; if his knowledge of the law be superficial, few will choose to engage him in their defence. side previous study, and an ample stock of acquired knowledge, another thing, inseparable from the success of every pleader, is a diligent and painful attention to every cause with which he is entrusted; to all the facts and circumstances with which it is connected. Thus he will, in a great measure, be prepared for the arguments of his opponent; and, being previously acquainted with the weak parts of his own cause, he will be able to fortify them in the best manner against the attack of his adversary.

Though the ancient popular and vehement manner of pleading is now in a great measure superseded, we must not infer that there is no room for eloquence at the bar, and that the study of it is superfluous. There is, perhaps, no scene of public speaking, where eloquence is more requisite. The dryness and subtilty of subjects usually agitated at the bar, require, more than any other, a certain kind of eloquence, in order to command attention; to give weight to the arguments employed; and to prevent what the pleader advances from passing unregarded. The effect of good speaking is always great. There is as much difference in the impression made by a cold, dry, and confused speaker, and that made by one who pleads the same cause with elegance, order, and strength, as

there is between our conception of an object when presented in twilight, and when viewed in the effulgence of noon.

Purity and neatness of expression is in this species of eloquence chiefly to be studied; a style perspicuous and proper; not needlessly overcharged with the pedantry of law terms, not affectedly avoiding these, when suitable and requisite. Verbosity is a fault of which men of this profession are frequently accused; into which the habit of speaking and writing hastily and with little preparation, almost unavoidably betrays them. It cannot therefore, be too earnestly recommended to those who are beginning to practise at the bar, that they early guard against this, while they have leisure for preparation. Let them form themselves to the habit of a strong and correct style; which will become natural to them afterward, when compelled by multiplicity of business to compose with precipitation. Whereas, if a loose and negligent style have been suffered to become familiar,they will not be able, even upon occasions when they wish to make an unusual effort, to express themselves with force and elegance.

Distinctness in speaking at the bar is a capital property. It should be shown, first in stating the question; in exhibiting clearly the point in debate; what we admit; what we deny; and where the line of division begins hetween us and the adverse party. Next, it sho appear in the order and arrangement of all the parts of the pleading. A clear method is of the highest consequence in every species of oration; but in those intricate cases which belong to the bar, it is infinitely essential.

Narration of facts should always be as concise as the nature of them will admit. They are always very necessary to be remembered; consequently, uônecessary minuteness in relating them overloads the memory. Whereas, if a pleader omit all superfluous circumstances in his recital, he adds strength to the material facts, gives a clearer view of what he relates,

and makes the impression of it more lasting. In argumentation, however, a more diffuse manner seems requisite at the bar than on some other occasions. For in popular assemblies, where the subject of debate is often a plain question, arguments gain strength by conciseness. But the intricacy of law points frequently requires the arguments to be expanded and placed in different lights, in order to be fully apprehended.

Candor in stating the arguments of bis adversary cannot be too much recommended to every pleader. If he disguise them, or place them in a false light, the artifice will soon be discovered; and the judge and the hearers will conclude, that he either wants discernment to perceive, or fairness to admit, the strength of his opponents reasoning. But if he state with accuracy and candor the arguments used against him, before he endeavor to combat them, a strong prejudice is created in his favor. He will appear to have entire confidence in his cause, since he does not attempt to support it by artifice or concealment. The judge will therefore be inclined to receive more readily the impressions made upon him by a speaker who appears both fair and penetrating.

Wit may sometimes be serviceable at the bar, particularly in a lively reply, by which ridicule is thrown on what an adversary has advanced. But a young pleader should never rest his strength on this dazzling talent. His effice is not to excite laughter, but to produce conviction; nor perhaps did any one ever rise to eminence in his profession by being a witty lawyer.

Since an advocate personates his client, he must plead his cause with a proper degree of warmth. He must be cautious, however, of prostituting his earnestness and sensibility by an equal degree of ardor on every subject. There is a dignity of character,which it is highly important for every one of his profession to support. An opinion of probity and honor in a pleader is his most powerful instrument of persuasion.

He should always therefore, decline embarking in causes which are odious and manifestly unjust; and when he supports a doubtful cause, he should lay the chief stress upon those arguments which appear to him to be most forcible; reserving his zeal and indig nation for cases where injustice and iniquity are flagrant.

ELOQUENCE OF THE PULPIT.

HAVING treated of the eloquence of popular assemblies, and of that of the bar, we shall now consider the strain and spirit of that eloquence which is suited to the pulpit. This field of public speaking has several advantages peculiar to itself. The dignity and importance of its subjects must be allowed to be superior to any other. They admit the highest embellishment in description, and the greatest warmth and vehemence of expression. In treating his subject, the preacher has also peculiar advantages. He speaks not to one, or a few judges, but to a large assembly. He is not afraid of interruption. He chooses his subject at leisure; and has all the assistance of the most accurate premeditation. The disadvantages, however, which attend the eloquence of the pulpit are not inconsiderable. The preacher it is true, has no contention with an adversary; but debale awakens genius, and excites attention. His subjects, though noble, are trite and common. They are become so familiar to the public ear, that it requires no ordinary genius in the preacher to fix attention. Nothing is more difficult than to bestow on what is common the grace of novelty. Besides the subject of the preacher usually confines him to abstract qualities, to virtues and vices; whereas that of other popular speakers leads them to treat of persons; which is generally more interesting to the hearers, and occupies more powerfully the imagination. We are

taught by the preacher to detest only the crime; by the pleader to detest the criminal. Hence it happens that, though the number of moderately good preachers is great, so few have arrived at eminence. Perfection is very distant from modern preaching. The object however, is truly noble, and worthy of being pursued with zeal.

To excel in preaching it is necessary to have a fixed and habitual view of its object. This is to persuade men to become good. Every sermon ought therefore to be a persuasive oration. It is not to discuss some abstruse point, that the preacher ascends the pulpit. It is not to teach his hearers something new; but to make them better; to give them at once clear views and persuasive impressions of religious truths.

The principal characteristics of pulpit eloquence, as distinguished from the other kinds of public speaking, appear to be these two, gravity and warmth. It is neither easy nor common to unite these characters of eloquence. The grave when it is predomi nant, becomes a dull, uniform solemnity. The warm, when it wants gravity, borders on the light and theatrical. A proper union of the two, forms that character of preaching, which the French call Onction; that affecting, penetrating, and interesting manner, which flows from a strong sense in the preacher of the importance of the truths he delivers, and an earnest desire that they may make full impression on the hearts of his hearers.

A sermon, as a particular species of composition, requires the strictest attention to unity. By this we mean that there should be some main point to which the whole tenor of the sermon shall refer. It must not be a pile of different subjects heaped upon each other; but one object must predominate through the whole. Hence, however, it must not be understood, that there should be no divisions or separate heads in a discourse; nor that one single thought only should be exhibited in different points of view. Unity is not

« PreviousContinue »