By ISAAC GRANT THOMPSON

There is another essential, aside from the knowledge of the law, for

the successful court lawyer--that is eloquence; the sort of eloquence

which Blair defines to be "the art of speaking in such a manner as to

attain the end for which we speak." Most young men, who study with a

view of coming to the bar, have an ambition, more or less strong, to

become advocates--to be able to convince judges and persuade juries

by the power of their logic and the graces of their style and

utterance; but a visit to our courts is but too likely to show how

lamentably the great majority of them fail of achieving their desire.

Lack of perseverance in performing the labor necessary to the student

of elocution, or ignorance of the method to be pursued; or, in many

cases, a notion that orators, like poets, "are born, not made," has

served to make the number of eloquent advocates very small indeed.

The most universal idea seems to prevail, that industry can effect

nothing; that every one must be content to remain just what he

happens to be, and that eminence is the result of accident. For the

acquirement of any other art, men expect to serve long

apprenticeships; to study it carefully and laboriously; to master it

thoroughly. If one would learn to sing, he attends a master and is

drilled in the elementary principles; and it is only after the most

careful discipline that he dares to exercise his voice in public. If

he would learn to play a musical instrument, how patiently and

persistently does he study and practise, that he may draw out, at

will, all its various combinations of harmonious sounds, and its full

richness and delicacy of expression. "And yet," adds a learned

writer, "a man will fancy that the grandest, the most complex, the

most expressive of all instruments, which is fashioned by the union

of intellect with power of speech, may be played upon without study

or practise. He comes to it a mere tyro, and thinks to manage all

its stops, and command the whole compass of its varied and

comprehensive power; he finds himself a mere bungler in the attempt,

wonders at his failure, and settles it in his mind forever that the

attempt is vain"--that it can be done only by genius.

Nothing can be more mischievous and unfortunate to the student than

for him to fall into such an error--to hold the opinion that

excellence in speaking is a gift of nature and not the result of

patient and persistent labor and study. If all men had entertained

and acted upon such an opinion, those who have won fame and honor by

their eloquence would have remained mute and inglorious. Never would

Demosthenes have charmed an Athenian audience, nor Cicero have hurled

his denunciations against Cataline. Lord Chatham would have remained

simple William Pitt, and Erskine live an ordinary English barrister.

Curran would have been "Orator Mum" to the end of his days, and

Choate died "unwept, unhonored, and unsung."

Men who believe that eloquence is the result of genius, and not of

labor, are like the dwellers in the East, as described by Sir Joshua

Reynolds in his address to the pupils of the Royal Academy. He says:

"The travelers into the East tell us that when the ignorant

inhabitants of those countries are asked concerning the ruins of

stately edifices yet remaining among them, the melancholy monuments

of their former grandeur and long-lost science, they always answer:

'They were built by magicians.' The untaught mind finds a vast gulf

between its own powers and those works of complicated art, which it

is utterly unable to fathom; and it supposes that such a void can be

passed only by supernatural powers." What Sir Joshua says of

painting is true of oratory. Those who know not the cause of any

thing extraordinary and beyond them may well be astonished at the

_effect_; and what the uncivilized ascribe to magic others ascribe to

genius--two mighty pretenders who, for the most part, are safe from

rivalry only because by the terror of their names they discourage in

their own peculiar sphere that resolute and sanguine spirit of

enterprise which is essential to success. But as has been well said,

"all magic is science in disguise," and it is our object to proceed

to take off the mask--to show that the mightiest objects of our

wonder, so far as eloquence is concerned, are mere men like

ourselves, have attained their superiority by steps which we can

follow, and that we can walk in the same path even tho there remain

at last a broad space between us.

Lord Chesterfield was not very far wrong when, in his letters to his

son, he told him that any man of reasonable abilities might make

himself an orator; not an orator like Cicero's magnificent myth, who

should have "the acuteness of the logician, the wisdom of the

philosophers, the language almost of poetry, the memory of lawyers,

the voice of tragedians, the gesture of the best actors"; such

orators, we admit, must be _nascitur, non fit_--born, not made--and

they are rarely to be found; but orators like Pitt and Fox, like

Mansfield and Erskine, like Pinckney and Choate--orators who can

"sway listening senates," who are stormy masters of the jury-box.

Chesterfield was perhaps an illustration of his own theory, for he

said that he at one time determined to make himself the best speaker

in Parliament, and set about a severe course of training for it; and

we have the opinion of so able a judge as Horace Walpole that he was

the first speaker of the House. Every schoolboy can tell you of the

gigantic labors of Demosthenes in training himself for a public

speaker. It will be refreshing for any student who desires to

improve himself in speaking to turn to Plutarch's life of

Demosthenes, and read of his early struggles with obstacles which

would have discouraged at the threshold the great majority of

mankind. Laughed at and interrupted by the clamor of the people in

his first efforts, by reason of his violent and awkward manner, and a

weakness and stammering in his voice, he retired to his house with

covered head and in great distress, yet not disheartened. At one

time he complained to Satyrus, the player, "that tho he was the most

laborious of all the orators, and had almost sacrificed his health to

that application, yet he could gain no favor with the people."

Satyrus seems to have been a judicious adviser, and proceeded to

correct his faults, as Hume says he who teaches eloquence must--by

example. He requested Demosthenes to read some speech from Euripides

or Sophocles. When he had done, Satyrus pronounced the same speech

with so much propriety of action that it appeared to the orator quite

a different passage. "He now understood so well," says Plutarch,

"how much grace and dignity of action adds to the best oration, that

he thought it a small matter to premeditate and compose, tho with the

utmost care, if the pronunciation and propriety of gesture were not

attended to. Upon this he built himself a subterranean study,

whither he repaired every day to form his action and exercise his

voice; and he would often stay there two or three months together,

shaving one side of his head, that if he should happen to be ever so

desirous of going abroad, the shame of appearing in that condition

might keep him in." The contemporaries of Demosthenes esteemed him

as a man of but little genius, and concluded that all his eloquence

was the result of labor. Certain it is that he was seldom heard to

speak _extempore_; and tho often called upon in the assembly to

speak, he would not do it unless he came prepared. It is undoubtedly

true, that nature had sowed in Demosthenes the seeds of a great

orator; but they were brought to perfection only by the most patient

labor and severe discipline--labor and discipline that would make any

student of the law, of ordinary judgment and sense, the equal of

Pinckney, of Wirt, or of Choate.

Think of the eloquence of Cicero! How wonderful the grandeur and

magnificence of his style; how copious and elegant his diction; how

various and comprehensive his knowledge; surely, we say, like the

dwellers in the East, this is the work of magic--of genius. But when

we take off the mask we find that it is mainly the result of careful,

unflagging, untiring study and practise. Middleton says: "His

industry was incredible, beyond the example or even conception of our

days; this was the secret by which he performed such wonders, and

reconciled perpetual study with perpetual affairs."

Nor were these orators of antiquity singular in their devotion to the

_art_ of speaking. All the great orators of modern times have

emulated their greatness by emulating their love of labor. Lord

Chatham, who has been justly regarded as the most powerful orator of

modern times, was from his early youth a most laborious and devoted

student of oratory. His biography says of him: "At the age of

eighteen, Mr. Pitt (afterward Lord Chatham) was removed to the

University of Oxford. Here, in connection with his other studies, he

entered on that severe course of rhetorical training which he often

referred to in after life as forming so large a part of his early

discipline. He took up the practise of writing out translations from

the ancient orators and historians, on the broadest scale.

Demosthenes was his model; and we are told that he rendered a large

part of his orations again and again into English, as the best means

of acquiring a forcible and expressive style.... As a means of

acquiring copiousness of diction and an exact choice of words, Mr.

Pitt also read and reread the sermons of Dr. Barrow till he knew many

of them by heart. With the same view he performed a task, to which,

perhaps, no other student in oratory has ever submitted. _He went

twice through the folio dictionary of Bailey, examining each word_

attentively, dwelling on its peculiar import and modes of

construction, and thus endeavoring to bring the whole range of our

language completely under his control. At this time, also, he began

those exercises in elocution by which he is known to have obtained

his extraordinary powers of delivery. Tho gifted by nature with a

commanding voice and person, he spared no effort to add everything

that art could confer for his improvement as an orator." His success

was commensurate with his zeal. Garrick himself was not a greater

actor, in that higher sense of the term in which Demosthenes declared

action to be the first, and second, and third thing in oratory. The

labor which he bestowed on these exercises was surprizingly great.

Probably no man of genius since the days of Cicero has ever submitted

to an equal amount of drudgery.

Lord Mansfield, equally famous as an advocate and judge, affords us

another example of unwearying patient discipline. He studied oratory

with the greatest fervor and diligence. He read everything that had

been written on the subject of the art; he made himself familiar with

all the great masters of eloquence in Greece and Rome, and spent much

of his time in translating their finest productions as the best means

of improving his style. During his study of the law at Lincoln's

Inn, he carried on the practise of oratory with the utmost zeal, and

was a constant attendant and speaker in a debating society which he

had joined. One day, says his biographer, he was surprized by a

friend, who suddenly entered his room, in "the act of practising

before a glass, while Pope (the poet) sat by to aid him in the

character of an instructor." Such are the arts by which are produced

those results that the uninitiated ascribe to genius.

Sheridan was one of the most brilliant orators of modern times, and

yet his maiden speech in Parliament, delivered when he was nearly

thirty years old, was a failure. Woodfall, the reporter, used to

relate that Sheridan came up to him in the gallery, when the speech

was ended, and asked him, with much anxiety, what he thought of his

first attempt. "I am sorry to say," replied Woodfall, "that I don't

think this is your line; you would better have stuck to your former

pursuit." Sheridan rested his head on his hand for a few minutes,

and then exclaimed, with vehemence: "It is _in_ me, and it _shall

come out of me_." Quickened by a sense of shame, he now devoted

himself, with the utmost assiduity, to the cultivation of his powers

as a speaker. Seven years after he brought forward, in the House of

Commons, the charges against Warren Hastings, relating to the

princesses of Oude, in a speech of such brilliancy and eloquence that

the whole assembly, at its conclusion, broke forth into expressions

of tumultuous applause, and the House adjourned to recover from the

excitement produced by it. Pitt said, "An abler speech was perhaps

_never delivered_," and Fox and Windham, years after, spoke of it

with undiminished admiration. As Sheridan had said to Woodfall, it

_was_ in him and it _did_ come out, but it was wrought out by patient

toil and study. Moore paints him at his desk at work on this very

speech--writing and erasing with all the care and painstaking of a

special pleader. Indeed, it transpired after his death that his wit

was most of it studied out before hand. His commonplace book was

found to be full of humorous thoughts and sportive turns, written

first in one form and then in another--the point shifted from one

part of the sentence to another to try the effect. How little did

his delighted hearers imagine, as some playful allusion, keen retort,

or brilliant sally flashed out upon them from his speeches, in a

manner so easy, natural, and yet unexpected, that it had been long

before laboriously molded and manufactured. Johnson tells us that

Butler, the author of "Hudibras," had garnered up his wit in the same

way. How conclusively do these examples illustrate the truth of Sir

Joshua Reynolds' remark, that the effects of genius must have their

causes, and that these may, for the most part, be analyzed, digested,

and copied, tho sometimes they may be too subtle to be reduced to a

written art.

Charles James Fox rose, says Mr. Burke, "by slow degrees, to be the

most brilliant and accomplished debater the world ever knew," and Fox

himself has told us the secret of his skill. He gained it, he says,

"at the expense of the House," for he had frequently tasked himself,

during an entire session, to speak on every question that came up,

whether he was interested in it or not, as a means of exercising and

training his faculties.

Curran, the Irish orator and advocate, was known at school as

"stuttering Jack Curran"; and, while studying at an Inn of Court, the

members of a debating society to which he belonged called him "Orator

Mum," in honor of his signal failure as a speaker. But he made up

his mind to become an orator, and was not to be put down by

obstacles. He spent his mornings, as he states, "in reading even to

exhaustion," and the rest of the day in the more congenial pursuits

of literature, and especially in unremitting efforts to perfect

himself as a speaker. His voice was bad, and his articulation hasty

and confused; his manner was awkward, his gestures constrained and

meaningless, and his whole appearance calculated only to produce

laughter. Such is the picture of him left us by his biographers.

Surely, one would think, an orator could never be made out of such

materials. Yet all these faults he overcame by severe and patient

labor. Constantly on the watch against bad habits, he practised

daily before a glass, reciting passages from Shakespeare, Junius, and

the best English orators. He frequented debating societies, and

unmindful of the ridicule that greeted his repeated failures, he

continued to take part in the discussions. At last, he surmounted

every difficulty. "He turned his shrill and stumbling brogue," says

one of his friends, "into a flexible, sustained, and finely-modulated

voice; his action became free and forcible; and he acquired perfect

readiness in thinking on his legs"; in short, he became one of the

most brilliant and eloquent advocates that the world has ever

produced. Well might one of his biographers say: "His oratorical

training was as severe as any Greek ever underwent."

The biographies of Pultney, of Burke, of Pitt, of Erskine, of

Grattan, of Brougham--of all the great orators of England--contain

records of the same careful training and discipline in the art of

speaking.

Nor have American orators found the path to success less difficult.

Rufus Choate--who was, perhaps, the most accomplished advocate

America has yet produced--was a noble illustration of what systematic

culture and discipline can do. He was, in the truest sense of the

term, a made orator. Forensic rhetoric was the great study of his

life, and he pursued it with a patience, a steadiness, a zeal, equal

to that of Chatham or Curran. He trusted to no native gift of

eloquence, but practised elocution every day for forty years as a

critical study. Everything that could be prepared, was prepared;

every nerve, every muscle, that could be trained was trained; every

power that daily practise could strengthen was invigorated. So

thoroughly imbued was he with a zeal for oratory, that it formed the

subject of his almost daily conversation, as it did of his daily

practise; and his biography will rouse an ambitious student as the

sound of the trumpet does the war-horse.

Daniel Webster may, perhaps, be considered to have been as nearly a

_natural_ orator as any this country has produced; and yet the

students are few indeed that cultivate the art of oratory so

laboriously as he did. Even his genius was mainly "science in

disguise." He himself told the late Senator Fessenden that those

figures and illustrations in his speeches, which had become so famous

and been so often quoted, were, like Sheridan's wit, the result of

previous study and preparation; and that that passage in his speech,

wherein he describes the glory and the power of England--a passage

known and quoted the world over--was conceived and fashioned while he

was standing on the American side of the Niagara River, listening to

the British drum-beats on the Canada shore.

From these examples we may learn that all truly noble orators in

every age have trusted, not to inspiration, but to discipline; that

great as were their natural abilities, they were much less than the

ignorant rated them; that even the mightiest condescended to certain

rules and methods of study by which the humblest are able to profit.

It is good for the student to read of the studies and labors, the

trials and conflicts, the difficulties and triumphs, of such men. It

is to the ambitious student as the touch of mother earth was to

Antæus in his struggle with Hercules--renewing his strength and

reviving his flagging zeal. It rouses him to severer self-denial, to

more assiduous study, to more self-sustaining confidence, and leads

him to feel, like Themistocles of old, that "the trophies of

Miltiades will not let me sleep." These examples will teach him that

God has set a price on every real and noble achievement; that success

in oratory, as in everything else worth succeeding in, can be

purchased only by pain and labor; and lastly and mainly, that those

who would follow in their steps must give their days and nights to

study, and emulate their greatness by emulating their love of labor.

Having endeavored to show that eloquence is not so much the result of

natural gifts as of persevering and persistent labor, we now proceed

to offer some suggestions as to the best means of improvement in

forensic eloquence.

Socrates used to say that "all men are sufficiently eloquent in that

which they understand"; but it would have been nearer truth to say

that no man can be eloquent on a subject that he does not understand;

nor on a subject that he does understand, unless he know how to form

and polish his speech. The two essential things to the orator are

something to say and a knowledge of how to say it. There is no art

that can teach one to be eloquent without knowledge. Attention to

style, diction, and all the arts of speech, can only assist the

orator in setting off to advantage the stock of materials which he

possesses; but the stock, the materials themselves, must be brought

from other quarters than from rhetoric. In the first place, the

advocate must have a profound knowledge of the law. On this depends

his reputation and success, and nothing is of such consequence to him

or deserves more his deep and serious study. In no other profession

is superficial knowledge sooner detected or more ruthlessly exposed,

and however brilliant as a speaker one may be, if it but become known

that he is not well grounded in the law, few will choose to commit

their cause to him. Besides a knowledge of the general principles of

law, another thing highly material to the success of every advocate

is a diligent and careful attention to every cause that is intrusted

to him, so as to be thoroughly master of all the facts and

circumstances relating to it, Cicero has left a very instructive

record of the method pursued by him in the preparation of a cause for

trial, and which we commend to the careful consideration of every

student and lawyer. He tells us, under the character of Antonius, in

the second book _De Oratore_, that he always conversed at full length

with every client who came to consult him; that he took care there

should be no witnesses to their conversation, in order that his

client might explain himself more freely; that he was wont to start

every objection, and to plead the cause of the adverse party with

him, that he might come at the whole truth and be fully prepared on

every point of the business; and that after the client had retired he

used to balance all the facts with himself under three different

characters: his own, that of the adversary, and that of the judge.

He censures very severely those of the profession who decline to take

so much trouble; taxing them not only with shameful negligence, but

with dishonesty and breach of trust. Quintilian likewise urged the

necessity of carefully studying every cause, again and again

recommending patience and attention in conversation with clients.

"For," said he, "to listen to something that is superfluous can do no

hurt; whereas to be ignorant of something that is material may be

highly prejudicial. The advocate will frequently discover the weak

side of a cause, and learn at the same time what is the proper

defense, from circumstances which to the party himself appeared to be

of little or no moment." It is said of Rufus Choate, that he began

to study a case the moment it was brought to him, and that he

continued to study it till the day of trial.

Besides the knowledge of the law, the advocate must make himself

acquainted with the general principles of logic. He must learn how

to _reason_; how to draw conclusions from premises; how to found an

argument. Without a knowledge of these things, no matter how copious

his diction or elegant his delivery, his speeches will be little more

than "sounding brass and tinkling cymbals."

The object of the advocate is chiefly to convince, and to do this he

must satisfy the understanding. Solid argument and clear method

must, therefore, be used. Nothing can be more erroneous than the

idea that mere declamation is eloquence. It may have the show, but

never can produce the effect; it "may tickle the ear," but it will

never lead a judge to pass that judgment or a jury to adopt that side

of the cause to which we seek to bring them. "There is no talent, I

apprehend," said Dugald Stewart, "so essential to a public speaker as

to be able to state clearly every step of those trains of thought by

which he himself was led to the conclusions he wishes to establish."

Especially is this true at the bar--the eloquence suited to which is

of the calm and temperate kind, connected with close reasoning. Let

the advocate take for his motto the advice of Quintilian, "To your

expression be attentive; but about your matter be solicitous."

There was much wisdom in the remark of Sir William Jones, that "an

elegant method of arranging the thoughts is powerful to persuade as

well as to please." William Pitt, being asked how he acquired his

talent for _reply_, answered at once that he owed it to the study of

Aristotle's logic in early life, and the habit of applying its

principles to all the discussions he met with in the works he read

and the debates he witnessed. So it is said of Rufus Choate, "he was

a thorough master of logic. He had studied it, not only in detail

and immediate application of style and arrangement, but in its

essence and origin."

The treatise best calculated to give the student an insight into the

rules and principles of logic is that by Dr. Whately. The book

recommended for the strengthening of the reasoning faculties is

Chillingworth's "The Religion of Protestants a Safe Way to

Salvation," which was written in answer to the arguments of an

adversary, and which has for years been considered the most perfect

specimen of logical argument. Locke, than whom there could not be a

more competent authority, proposes "for the attainment of right

reasoning, the constant reading of Chillingworth"; and Lord Mansfield

pronounced it the "perfection of reasoning."

Law and logic are the immediate and foundation studies of the

advocate, but they are not all. Besides these he must drink deep at

the fountains of science, philosophy, history and _belles-lettres_.

These are the handmaids of oratory. They enlarge and liberalize the

mind, embellish the style and afford illustrations, ideas, arguments,

phrases, words, and last, tho not least, intellectual enthusiasm.

There are few occasions, indeed, on which an advocate will not derive

assistance from a cultivated taste and extensive knowledge. Their

illustrations, allusions and principles, woven in with the weightier

matters of the law, will make a pattern which will not fail to please

and interest--will throw around the dry and uninteresting legal

principles a freshness and charm that will fix the attention and

fascinate the hearer.

But perhaps the chief benefit to be derived from their study is the

improvement they afford to style and language. Cicero remarked in

the third book _De Oratore_, that "all elegance of language, tho it

receive a polish from the science of grammar, is yet augmented by the

reading of orators and poets." From this source have all great

orators drawn their copious and elegant diction and their polished

and graceful style. Erskine is represented by an excellent authority

as having spoken the finest and richest English ever spoken by an

advocate. For two years prior to his call to the bar, he devoted

himself exclusively to the study of literature, and probably no two

years of his life were so profitably spent. In addition to his

reading in prose, he devoted himself with great ardor to the study of

Milton and Shakespeare. His biographers tell us that he committed a

large part of the former to memory, and became so familiar with the

latter "that he could almost, like Person, have held conversations on

all subjects for days together in the phrases of the great English

dramatist." Here it was that he acquired that fine choice of words,

that rich and varied imagery, that sense of harmony in the structure

of his sentences, that boldness of thought and magnificence of

expression for which he was afterward so much distinguished. He

could have drawn these things from no richer source. To use the

words of Johnson, slightly varied, he who would excel in this noblest

of arts must give his days and nights to the study of Milton and

Shakespeare.

"Hither, as to a fountain,

Other suns repair, and in their urns

Draw golden light."

Lord Chatham read and reread Dr. Barrows' sermons until he knew many

of them by heart, "for the purpose," as he himself said, "of

acquiring copiousness of diction and an exact choice of words."

William Pitt, his son, obtained his remarkable command of the English

tongue from the same source, in connection with Shakespeare and the

Bible; the latter he studied not only as a guide of life, but as the

true "_well_ of English undefiled." No wonder that his contemporary,

Fox, should have said of him, "He always has the right word in the

right place."

William Pinckney has himself unlocked the secret of his intellectual

affluence and elegant diction. He says that he made it a rule from

his youth never to see a fine idea without committing it to memory.

Rufus Choate, in speaking of this fact, said "the result was the most

splendid and powerful English spoken style I ever heard." Choate

pursued a plan equally commendable. During the greater portion of

his life he made it a practise to read aloud every day a page or more

from some fine English author. This he did for the improvement of

his expression. He was a most indefatigable student of _words_, and

made the whole round of literature tributary to his vocabulary.

The following extract from the address of Lord Brougham to the

University of Glasgow will be a sufficient guide, with what has been

already said, to the selection of those authors that will tend most

to improve the style and diction: "The English writers who really

unlock the rich sources of the language are those who flourish from

the end of Elizabeth's to the end of Queen Anne's reign; who used a

good Saxon dialect with ease, but correctness and

perspicuity--learned in the ancient classics, but only enriching

their mother tongue where the Attic could supply its defects--not

overlaying it with a profuse pedantic coinage of words."

The great masters of oratory should be studied most carefully and

diligently; Erskine, Burke, Pinckney, Webster, and, above all, the

legal orations of Cicero are the best models for a young lawyer.

Read Bolingbroke for specimens of the splendid and ornate; Fox and

Pitt for the classical and argumentative; advantage may likewise be

derived from the letters of Junius.

In pursuing these studies, the motto must be _multum haud

multa_--much, not many. No real advantage and improvement will be

gained from a rambling, desultory course of reading. There is a

whole sermon in that saying of Hobbes, of Malmesbury, "If I had read

as many books as other persons, I should probably know as little."

The wisest and best informed teach us, both by counsel and example,

to read a little and that well; to count not by the books we have

read, but by the subjects we have exhausted. Swift said that the

reason a certain university was a learned place was that most persons

took some learning there and few brought any away with them, so it

accumulated. Such is the effect of a proper course of

reading--everything adds and nothing takes away.

We are not counseling an imitation of the _men of one book_, but the

pursuit of one system. Choose those authors most suited to the

object in view and _know_ them.

The advocate should make choice of his book, Shakespeare, Milton,

Bacon, Burke, Erskine, Bolingbroke, and make that his chief study.

One sterling author to call _my own_, ever most conspicuous and most

at hand, read, reread, "marked and quoted," will do much to form the

mind, to teach one to think, to give precision of expression, purity

of taste, loftiness of views and fervency of spirit. No better

selection can be made by the advocate than the works of Edmund Burke.

"Among the characteristics of Lord Erskine's eloquence," observes one

of his recent biographers, "the perpetual illustrations derived from

the writings of Burke is very remarkable. In every one of the great

state trials in which he was engaged, he referred to the productions

of that extraordinary person as to a text-book of political

wisdom--expounding, enforcing and justifying all the great and noble

principles of freedom and of justice." "When I look," says Lord

Erskine himself, "into my own mind and find its best lights and

principles fed from that immense magazine of moral and political

wisdom which he has left an inheritance to mankind for their

instruction, I feel myself repelled by an awful and grateful

sensibility from perpetually approaching him." Take, then, the words

of this sublime philosopher and orator, bind them up in one thick

volume, on which write _wisdom_ in gold letters, and begin to read it

through every New-year's day.

Another means of acquiring a command of language is translation, and

it is commended alike by the precepts and example of the great

masters. Two thousand years ago Cicero stocked his vocabulary by

this plan, translating from the Greek into Latin. Chatham translated

the orations of Demosthenes again and again into English. Mansfield

declared that there was not one of the orations of Cicero that he had

not translated more than once. Pitt pursued the same plan for ten

years, and to this he ascribed his extraordinary command of language,

which enabled him to give every idea its most felicitous expression,

and to pour out an unbroken stream of thought hour after hour without

once hesitating for a word or recalling a phrase, or sinking for a

moment into looseness or inaccuracy in the structure of a sentence.

Choate was a most indefatigable translator. This exercise he

persevered in daily, even in the midst of the most arduous business.

Five minutes a day, if no more, he would seize in the morning for

this task. Tacitus was his favorite author. He attended chiefly to

the multiplication of synonyms. For every word he translated, he

would rack his brain and search his books till he got five or six

corresponding English words. This is the true way to translate when

style and diction is the object. Turn the passage read into regular

English sentences, aiming to give the idea with great exactness and

to express it with idiomatic accuracy and ease. This plan of

translating is infinitely better than the plan sometimes advised of

taking some passage of classic English, getting the ideas from it and

then expressing them in the best manner possible. In this latter

method, the author has already selected the most appropriate words,

and if the student use the same words he will receive no profit, or

if other words, it is prejudicial, as it accustoms one to use such as

are less eligible.

The student of advocacy can not give too much attention to the

culture of _expression_. Orators in every age have made it a

specific study. Cicero says, "The proper concern of an orator, as I

have already often said, is language of power and eloquence

accommodated to the feelings and understanding of mankind." Language

and its elements, words, are to be mastered by direct, earnest labor.

A speaker ought _daily_ to exercise and air his vocabulary and add to

and enrich it. The advocate does not want a diction gathered from

the newspapers, caught from the air, common and unsuggestive; but one

whose every word is full freighted with suggestion and association,

with beauty and power. It is a rich and rare English that one ought

to command, who is aiming to control a jury's ear.

Chesterfield, in his letters to his son, said, "Manner is of as much

importance as matter"; and that this has been the opinion of all

great orators may be gathered from the vast labor expended by them on

the cultivation of expression and delivery. How much stress was laid

upon this by the greatest of all orators, Demosthenes, appears from a

noted saying of his related by both Cicero and Quintilian, when,

being asked what was the first point in oratory, he answered, action;

and being asked what was the second, he answered, action; and

afterward what was the third, he still answered, action. And

Plutarch said of him that "he thought it a small matter to

premeditate and compose, tho with the utmost care, if the

pronunciation and propriety of gesture were not attended to."

Esteeming delivery of such vast importance to the orator, there is no

wonder that he should have labored for months together in his

subterranean study to form his action and improve his voice.

To the superficial thinker, the study of gesture and of the

management of the voice may appear to be but "vanity of

vanities"--gaudy tinselry and worthless decoration; but the

experience of all time has proved that they are powerful to persuade

and strong to convince. We all know how much meaning--how much

expression--how much power there may be in a look, in a tone of the

voice, or in a motion. The impression they make on others is

frequently much stronger than any that words can make. They are the

language of nature, and are understood by all far better than words,

which are only the arbitrary conventional symbols of ideas. The

speaker who should use bare words, without aiding their meaning by

proper tones and accents, would make but a feeble impression, and

leave but a misty and indistinct conception of what he had delivered.

It is surprizing, indeed, to see how perfectly persons practised in

the art of gestures can communicate even complicated trains of

thought and long series of facts without the aid of words. This fact

was known and appreciated by the ancient Greeks and Romans, who made

the subject a study far more than have subsequent nations. Cicero

informs us that it was a matter of dispute between the actor Roscius

and himself whether the former could express a sentiment in a greater

variety of ways by gestures, or the latter by words. During the

reign of Augustus, both tragedies and comedies were acted by

pantomime alone. It was perfectly understood by the people, who wept

and laughed, and were excited in every way as much as if the words

had been employed. It seems, indeed, to have worked upon their

sympathies more powerfully than words; for it became necessary, at a

subsequent period, to enact a law restraining members of the Senate

from studying the art of pantomime--a practise to which, it seems,

they had resorted in order to give more effect to their speeches

before that body.

There have been volumes written on this subject of delivery, but they

are little better than a "vexation of spirit." The tone of the

voice, the look, the gesture, suited to express a thought or emotion,

must be learned from experience and the example of living speakers

and masters. Curran and many others have made it a practise to speak

before a glass, that they might themselves judge of the propriety of

their gestures, and correct those at fault. A more condensed or

sensible treatise on this subject can not be found than Hamlet's

direction to the players:

"Speak the speech, I pray you, as I pronounce it to you--trippingly

on the tongue; but if you mouth it, as many of our players do, I had

as lief the town crier spoke my lines. Nor do not saw the air too

much with your hand; but use all gently, for in the very torrent,

tempest, and (as I may say) whirlwind of your passion, you must

acquire and beget a temperance that may give it smoothness. Oh, it

offends me to the soul, to hear a robustious, periwigpated fellow

tear a passion to tatters, to very rags, to split the ears of the

groundlings, who, for the most part, are capable of nothing but

inexplicable dumb shows and noise.... Be not too tame, neither, but

let your own discretion be your tutor; suit the action to the word,

the word to the action; with this special observance, that you

o'erstep not the modesty of nature; for anything so overdone is from

the purpose of playing, whose end, both at the first and now, was,

and is, to hold, as 'twere, the mirror up to nature; to show virtue

her own feature, scorn her own image, and the very age and body of

the time, his form and pressure. Now, this overdone, or come tardy

off, tho it make the unskilful laugh, can not but make the judicious

grieve; the censure of which one must, in your allowance, o'erweigh a

whole theater of others."

The student who shall follow these directions, which are as

applicable to the speaker as to the player, will not go very far

wrong.

The first consideration of a speaker must be to make himself heard by

all those to whom he speaks. This, tho often neglected, is of the

first importance, and is a matter that rests mainly in the management

of the voice, and not in the strength of lungs. Nor is it, as many

suppose, a natural talent, for the voice is susceptible of the

greatest culture, and may be formed after almost any model. To make

oneself audible, it is not necessary that the voice should be pitched

on a high key. Strength of sound does not depend upon the key or

note on which one speaks, but on the proper management of the voice.

A speaker may render his voice strong and full while speaking in a

middle or conversational tone, and will be able to give the most

sustained force to that pitch, as it is the one to which in

conversation he is accustomed. The conversational key is the one

that the advocate should, with rare exceptions, adopt; otherwise he

will exhaust himself and be heard with pain by his audience. Grattan

tells us that he heard Lord Chatham speak in the House of Lords; and

it was just like talking to one man by the buttonhole, except when he

lifted himself in enthusiasm, and then the effect of the outbreak was

immense; and of Harrison Gray Otis it is said that when you met him

in the street and heard him talk, you heard the orator Otis almost as

much as if he were in Faneuil Hall talking about politics.

In the next place, the student of advocacy must study to articulate

clearly and distinctly. On this, as much as on the quantity of

sound, depends the capacity to make oneself heard.

We need say nothing with regard to emphasis, pauses, tones and

gestures. Every one who goes about his work in earnest will devote

proper attention to these matters, and will gain more from experience

and observation than from the rules laid down in the books. One

thing seldom laid down in the books is of the highest importance to

the advocate: that is, to study always to _feel_ what he speaks.

Unless he do this, his oratory will be little more than an empty and

puerile flow of words. "The author who will make me weep," says

Horace, "must first weep himself." "In reality," adds Henry

Fielding, "no man can paint a distress well which he doth not feel

while he is painting it; nor do I doubt but that the most pathetic

and affecting scenes have been writ with tears." In Shakespeare's

Richard II, the Duchess of York thus impeaches the sincerity of her

husband:

"Pleads he in earnest? Look upon his face,

His eyes do drop no tears; his prayers are jest;

His words come from his mouth; ours, from our breast;

He prays but faintly and would be denied;

We pray with heart and soul."

No kind of language is so generally understood, or has such force and

weight, as the language of feeling. The advocate must be in

downright earnest before he can impress his hearers.

It only remains for us to add, that the student of oratory must

exercise himself continually in both writing and speaking. Writing

is said by Cicero to be "the best and most excellent modeler and

teacher of oratory"; "for," he continues, "if what is meditated and

considered easily surpasses sudden and extemporaneous speech, a

constant and diligent habit of writing will surely be of more effect

than meditation and consideration itself." Write with as much pains

as possible, and write as much as possible. It is even as Quintilian

said: "It is not writing rapidly that you come to write well, but by

writing well you come to write rapidly." In mental culture, as in

the culture of the earth, the seed sown in the deepest furrows finds

a more fruitful soil, is more securely cherished and springs up in

its time to more exuberant and healthful harvest. Without this

discipline, the power and practise of extemporaneous speech will

yield only an empty loquacity--only words born on the lips. In this

discipline, deep down there are the roots, there the foundations;

thence must the harvest shoot, thence the structure ascend; there is

garnered up, as in a more sacred treasury, wealth for the supply of

even unanticipated exactions. Thus, first of all, we must accumulate

resources sufficient for the contests to which we are summoned. In

writing, seek for the best; do not eagerly and gladly lay hold on

that which first offers itself; apply judgment to the crowd of

thoughts and words which fill your mind and retain those only of

which your judgment deliberately approves. Nor should every word be

allowed to occupy the exact spot where the order of time in which it

occurs would place it. Seek rather by a variety of experiments and

arrangements to attain to the utmost power and eloquence of style.

There is nothing like the pen to correct vagueness of thought and

looseness of expression. Every argument, every speech should, so far

as possible, be carefully written out. It is not necessary, nor is

it even advisable, to commit it to memory, save in rare instances.

The mind should be left untrammeled by any set speech to take

advantage of the inspiration of the moment. But the simple act of

carefully composing and writing down an argument will fix in the mind

the general order and sequence of facts and illustrations, and will

greatly aid in a clear and forcible arrangement. The night before

Alexander Hamilton delivered his celebrated speech, which more than

anything else led to the establishment of a liberal and more just law

regarding libel and slander in the State of New York, he wrote the

argument all out and then deliberately tore it up.

Besides frequent practise in writing, the student must have constant

practise in speaking, which is of more real value than all the

precepts of the masters.

It is sometimes said that men by speaking succeed in becoming

speakers, but it is just as true that men by speaking badly succeed

in becoming bad speakers. It is frequently the case, that students

do nothing more in practise than to exercise their voice, and not

even that skilfully--and try their strength of lungs and volubility

of tongue. Such practise is but a waste of breath. The student

should make it a cardinal rule always to do his best even while

practising in his room; to speak on subjects that he has deliberately

considered, and in such a style as he would adopt were an audience

before him. Of course, that kind of speaking will be most

advantageous to the advocate which is most in accordance with the

business of his life. Prominent advocates in every age have, while

developing their powers, made it a practise to propose a case similar

to those brought in the courts, and to make arguments thereon as

nearly as possible as they would were it an actual case in court.

Cicero followed this plan two thousand years ago, as he himself has

told us, and Curran and Choate were both indefatigable in this

practise.

Such are the means, such the labors by which the student may make

himself an advocate. It is not the work of an hour or a day or a

year, but of years--years of application and of industry--of patient

plodding and painful study. It is not by starts of application and

intermittent labor that anything valuable can be achieved. It is the

outgrowth of well-directed and persistent effort. In nothing more

than oratory are the lines of the poet true:

"The Father of our race Himself decrees

That culture shall be hard."

It has been the glory of the great masters of the art to confront and

to overcome; and all the wisdom of these latter days has discovered

no other road to success. These suggestions apply not only to the

lawyer, but to every man who would become an efficient public speaker

and a leader of men.

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