CHAPTER III.

HIS SUCCESS AT THE BAR.

Franklin Pierce’s earliest effort at the bar, as we have already

observed, was an unsuccessful one; but instead of discouraging him, the

failure had only served to awaken the consciousness of latent power, and

the resolution to bring it out. Since those days, he had indeed gained

reputation as a lawyer. So much, however, was the tenor of his legal

life broken up by the months of public service subtracted from each year,

and such was the inevitable tendency of his thoughts towards political

subjects, that he could but very partially avail himself of the

opportunities of professional advancement. But on retiring from the

Senate he appears to have started immediately into full practice. Though

the people of New Hampshire already knew him well, yet his brilliant

achievements as an advocate brought him more into their view, and into

closer relations with them, than he had ever before been. He now met his

countrymen, as represented in the jury box, face to face, and made them

feel what manner of man he was. Their sentiment towards him soon grew to

be nothing short of enthusiasm; love, pride, the sense of brotherhood,

affectionate sympathy, and perfect trust, all mingled in it. It was the

influence of a great heart pervading the general heart, and throbbing

with it in the same pulsation.

It has never been the writer’s good fortune to listen to one of Franklin

Pierce’s public speeches, whether at the bar or elsewhere; nor, by

diligent inquiry, has he been able to gain a very definite idea of the

mode in which he produces his effects. To me, therefore, his forensic

displays are in the same category with those of Patrick Henry, or any

other orator whose tongue, beyond the memory of man, has moulded into

dust. His power results, no doubt, in great measure, from the

earnestness with which he imbues himself with the conception of his

client’s cause; insomuch that he makes it entirely his own, and, never

undertaking a case which he believes to be unjust, contends with his

whole heart and conscience, as well as intellectual force, for victory.

His labor in the preparation of his cases is said to be unremitting; and

he throws himself with such energy into a trial of importance as wholly

to exhaust his strength.

Few lawyers, probably, have been interested in a wider variety of

business than he; its scope comprehends the great causes where immense

pecuniary interests are concerned--from which, however, he is always

ready to turn aside, to defend the humble rights of the poor man, or give

his protection to one unjustly accused. As one of my correspondents

observes, “When an applicant has interested him by a recital of fraud or

wrong, General Pierce never investigates the man’s estate before engaging

in his business; neither does he calculate whose path he may cross. I

have been privy to several instances of the noblest independence on his

part, in pursuing, to the disrepute of those who stood well in the

community, the weal of an obscure client with a good cause.”

In the practice of the law, as Pierce pursued it, in one or another of

the court houses of New Hampshire, the rumor of each successive struggle

and success resounded over the rugged hills, and perished without a

record. Those mighty efforts, into which he put all his strength, before

a county court, and addressing a jury of yeomen, have necessarily been,

as regards the evanescent memory of any particular trial, like the

eloquence that is sometimes poured out in a dream. In other spheres of

action, with no greater expenditure of mental energy, words have been

spoken that endure from age to age--deeds done that harden into history.

But this, perhaps the most earnest portion of Franklin Pierce’s life, has

left few materials from which it can be written. There is before me only

one report of a case in which he was engaged--the defence of the

Wentworths, at a preliminary examination, on a charge of murder. His

speech occupied four hours in the delivery, and handles a confused medley

of facts with masterly skill, bringing them to bear one upon another, and

making the entire mass, as it were, transparent, so that the truth may be

seen through it. The whole hangs together too closely to permit the

quotation of passages.

The writer has been favored with communications from two individuals, who

have enjoyed the best of opportunities to become acquainted with General

Pierce’s character as a lawyer. The following is the graceful and

generous tribute of a gentleman, who, of late, more frequently than any

other, has been opposed to him at the bar:--

“General Pierce cannot be said to have commenced his career at the bar in

earnest until after his resignation of the office of senator, in 1842.

And it is a convincing proof of his eminent powers that he at once placed

himself in the very first rank at a bar so distinguished for ability as

that of New Hampshire. It is confessed by all who have the means of

knowledge and judgment on this subject, that in no state of the Union are

causes tried with more industry of preparation, skill, perseverance,

energy, or vehement effort to succeed.

“During much of this time, my practice in our courts was suspended; and

it is only within three or four years that I have had opportunities of

intimately knowing his powers as an advocate, by being associated with

him at the bar; and, most of all, of appreciating and feeling that power,

by being opposed to him in the trial of causes before juries. Far more

than any other man, whom it has been my fortune to meet, he makes himself

felt by one who tries a case against him. From the first, he impresses

on his opponent a consciousness of the necessity of a deadly struggle,

not only in order to win the victory, but to avoid defeat.

“His vigilance and perseverance, omitting nothing in the preparation and

introduction of testimony, even to the minutest details, which can be

useful to his clients; his watchful attention, seizing on every weak

point in the opposite case; his quickness and readiness; his sound and

excellent judgment; his keen insight into character and motives, his

almost intuitive knowledge of men; his ingenious and powerful

cross-examinations; his adroitness in turning aside troublesome

testimony, and availing himself of every favorable point; his quick sense

of the ridiculous; his pathetic appeals to the feelings; his sustained

eloquence, and remarkably energetic declamation,--all mark him for a

‘leader.’

“From the beginning to the end of the trial of a case, nothing with him

is neglected which can by possibility honorably conduce to success. His

manner is always respectful and deferential to the court, captivating to

the jury, and calculated to conciliate the good will even of those who

would be otherwise indifferent spectators. In short, he plays the part

of a successful actor; successful, because he always identifies himself

with his part, and in him it is not acting.

“Perhaps, as would be expected by those who know his generosity of heart,

and his scorn of everything like oppression or extortion, he is most

powerful in his indignant denunciations of fraud or injustice, and his

addresses to the feelings in behalf of the poor and lowly, and the

sufferers under wrong. I remember to have heard of his extraordinary

power on one occasion, when a person who had offered to procure arrears

of a pension for revolutionary services had appropriated to himself a

most unreasonable share of the money. General Pierce spoke of the

frequency of these instances, and, before the numerous audience, offered

his aid, freely and gratuitously, to redress the wrongs of any widow or

representative of a revolutionary officer or soldier who had been made

the subject of such extortion.

“The reply of the poor man, in the anecdote related by Lord Campbell of

Harry Erskine, would be applicable, as exhibiting a feeling kindred to

that with which General Pierce is regarded: ‘There’s no a puir man in a’

Scotland need to want a friend or fear an enemy, sae lang as Harry

Erskine lives!’”

We next give his aspect as seen from the bench, in the following

carefully prepared and discriminating article, from the chief justice of

New Hampshire:--

“In attempting to estimate the character and qualifications of Mr. Pierce

as a lawyer and an advocate, we undertake a delicate, but, at the same

time, an agreeable task. The profession of the law, practised by men of

liberal and enlightened minds, and unstained by the sordidness which more

or less affects all human pursuits, invariably confers honor upon and is

honored by its followers. An integrity above suspicion, an eloquence

alike vigorous and persuasive, and an intuitive sagacity have earned for

Mr. Pierce the reputation that always follows them.

“The last case of paramount importance in which he was engaged as counsel

was that of Morrison v. Philbrick, tried in the month of February, 1852,

at the Court of Common Pleas for the county of Belknap. There was on

both sides an array of eminent professional talent, Messrs. Pierce, Bell,

and Bellows appearing for the defendant, and Messrs. Atherton and Whipple

for the plaintiff. The case was one of almost unequalled interest to the

public generally, and to the inhabitants of the country lying around the

lower part of Lake Winnipiscogee. A company, commonly called the Lake

Company, had become the owners of many of the outlets of the streams

supplying the lake, and by means of their works at such places, and at

Union Bridge, a few miles below, were enabled to keep back the waters of

the lake, and to use them as occasion should require to supply the mills

at Lowell. The plaintiff alleged that the dam at Union Bridge had caused

the water to rise higher than was done by the dam that existed in the

year 1828, and that he was essentially injured thereby. The case had

been on trial nearly seven weeks. Evidence equivalent to the testimony

of one hundred and eighty witnesses had been laid before the jury. Upon

this immense mass of facts, involving a great number of issues, Mr.

Pierce was to meet his most formidable opponent in the state, Mr.

Atherton. In that gentleman are united many of the rarest qualifications

of an advocate. Of inimitable self-possession; with a coolness and

clearness of intellect which no sudden emergencies can disturb; with that

confidence in his resources which nothing but native strength, aided by

the most thorough training, can bestow; with a felicity and fertility of

illustration, the result alike of an exquisite natural taste and a

cultivation of those studies which refine while they strengthen the mind

for forensic contests,--Mr. Atherton’s argument was listened to with an

earnestness and interest which showed the conviction of his audience that

no ordinary man was addressing them.

“No one who witnessed that memorable trial will soon forget the argument

of Mr. Pierce on that occasion. He was the counsel for the defendant,

and was therefore to precede Mr. Atherton. He was to analyze and unfold

to the jury this vast body of evidence under the watchful eyes of an

opponent at once enterprising and cautious, and before whom it was

necessary to be both bold and skilful. He was to place himself in the

position of the jury, to see the evidence as they would be likely to

regard it, to understand the character of their minds and what views

would be the most likely to impress them. He was not only to be familiar

with his own case, but to anticipate that of his opponent, and answer as

he best might the argument of the counsel. And most admirably did he

discharge the duties he had assumed on behalf of his client. Eminently

graceful and attractive in his manner at all times, his demeanor was then

precisely what it should have been, showing a manly confidence in himself

and his case, and a courteous deference to the tribunal he was

addressing. His erect and manly figure, his easy and unembarrassed air,

bespoke the favorable attention of his audience. His earnest devotion to

his cause, his deep emotion, evidently suppressed, but for that very

reason all the more interesting, diffused themselves like electricity

through his hearers. And when, as often happened, in the course of his

argument, his clear and musical accents fell upon the ear in eloquent and

pointed sentences, gratifying the taste while they satisfied the reason,

no man could avoid turning to his neighbor, and expressing by his looks

that pleasure which the very depth of his interest forbade him to express

in words. And when the long trial was over, every one remembered with

satisfaction that these two distinguished gentlemen had met each other

during a most exciting and exhausting trial of seven weeks, and that no

unkind words, or captious passages, had occurred between them to diminish

their mutual respect, or that in which they were held by their

fellow-citizens.

“In the above remarks, we have indicated a few of Mr. Pierce’s

characteristics as an advocate; but he possesses other endowments, to

which we have not alluded. In the first place, as he is a perfectly

fearless man, so he is a perfectly fearless advocate; and true courage is

as necessary to the civilian as to the soldier, and smiles and frowns Mr.

Pierce disregards alike in the undaunted discharge of his duty. He never

fears to uphold his client, however unpopular his cause may seem to be

for the moment. It is this courage which kindles his eloquence, inspires

his conduct, and gives direction and firmness to his skill. This it is

which impels him onward, at all risks, to lay bare every ‘mystery of

iniquity’ which he believes is threatening his case. He does not ask

himself whether his opponent be not a man of wealth and influence, of

whom it might be for his interest to speak with care and circumspection;

but he devotes himself with a ready zeal to his cause, careless of aught

but how he may best discharge his duty. His argumentative powers are of

the highest order. He never takes before the court a position which he

believes untenable. He has a quick and sure perception of his points,

and the power of enforcing them by apt and pertinent illustrations. He

sees the relative importance and weight of different views, and can

assign to each its proper place, and brings forward the main body of his

reasoning in prominent relief, without distracting the attention by

unimportant particulars. And above all, he has the good sense, so rarely

shown by many, to stop when he has said all that is necessary for the

elucidation of his subject. With a proper confidence in his own

perceptions, he states his views so pertinently and in such precise and

logical terms, that they cannot but be felt and appreciated. He never

mystifies; he never attempts to pervert words from their proper and

legitimate meaning to answer a temporary purpose.

“His demeanor at the bar nay be pronounced faultless. His courtesy in

the court house, like his courtesy elsewhere, is that which springs from

self-respect and from a kindly heart, disposing its owner to say and do

kindly things. But he would be a courageous man who, presuming upon the

affability of Mr. Pierce’s manner, would venture a second time to attack

him; for he would long remember the rebuke that followed his first

attack. There is a ready repartee and a quick and cutting sarcasm in his

manner when he chooses to display it, which it requires a man of

considerable nerve to withstand. He is peculiarly happy in the

examination of witnesses--that art in which so few excel. He never

browbeats, he never attempts to terrify. He is never rude or

discourteous. But the equivocating witness soon discovers that his

falsehood is hunted out of its recesses with an unsparing determination.

If he is dogged and surly, he is met by a spirit as resolute as his own.

If he is smooth and plausible, the veil is lifted from him by a firm but

graceful hand. If he is pompous and vain, no ridicule was ever more

perfect than that to which he listens with astonished and mortified ears.

“The eloquence of Mr. Pierce is of a character not to be easily

forgotten. He understands men, their passions and their feelings. He

knows the way to their hearts, and can make them vibrate to his touch.

His language always attracts the hearer. A graceful and manly carriage,

bespeaking him at once the gentleman and the true man; a manner warmed by

the ardent glow of an earnest belief; an enunciation ringing, distinct,

and impressive beyond that of most men; a command of brilliant and

expressive language; and an accurate taste, together with a sagacious and

instinctive insight into the points of his case, are the secrets of his

success. It is thus that audiences are moved and truth ascertained; and

he will ever be the most successful advocate who can approach the nearest

to this lofty and difficult position.

“Mr. Pierce’s views as a constitutional lawyer are such as have been

advocated by the ablest minds of America. They are those which, taking

their rise in the heroic age of the country, were transmitted to him by a

noble father, worthy of the times in which he lived, worthy of that

Revolution which he assisted in bringing about. He believes that the

Constitution was made, not to be subverted, but to be sacredly preserved;

that a republic is perfectly consistent with the conservation of law, of

rational submission to right authority, and of true self-government.

Equally removed from that malignant hostility to order which

characterizes the demagogues who are eager to rise upon the ruins even of

freedom, and from that barren and bigoted narrowness which would oppose

all rational freedom of opinion, he is, in its loftiest and most

ennobling sense, a friend of that Union, without which the honored name

of American citizen would become a by-word among the nations. And if, as

we fervently pray and confidently expect he will, Mr. Pierce shall

display before the great tribunals of the nation the courage, the

consistency, the sagacity, and the sense of honor, which have already

secured for him so many thousands of devoted friends, and which have

signalized both his private and professional life, his administration

will long be held in grateful remembrance as one of which the sense of

right and the sagacity to perceive it, a clear insight into the true

destinies of the country and a determination to uphold them at whatever

sacrifice, were the predominant characteristics.”

It may appear singular that Franklin Pierce has not taken up his

residence in some metropolis, where his great forensic abilities would so

readily find a more conspicuous theatre, and a far richer remuneration

than heretofore. He himself, it is understood, has sometimes

contemplated a removal, and, two or three years since, had almost

determined on settling in Baltimore. But his native state, where he is

known so well, and regarded with so much familiar affection, which he has

served so faithfully, and which rewards him so generously with its

confidence, New Hampshire, with its granite hills, must always be his

home. He will dwell there, except when public duty for a season shall

summon him away; he will die there, and give his dust to its soil.

It was at his option, in 1846, to accept the highest legal position in

the country, setting aside the bench, and the one which undoubtedly would

most have gratified his professional aspirations. President Polk, with

whom he had been associated on the most friendly terms in Congress, now

offered him the post of attorney general of the United States. “In

tendering to you this position in my cabinet,” writes the President, “I

have been governed by the high estimate which I place upon your character

and eminent qualifications to fill it.” The letter, in which this

proposal is declined, shows so much of the writer’s real self that we

quote a portion of it.

“Although the early years of my manhood were devoted to public life, it

was never really suited to my taste. I longed, as I am sure you must

often have done, for the quiet and independence that belong only to the

private citizen; and now, at forty, I feel that desire stronger than

ever.

“Coming so unexpectedly as this offer does, it would be difficult, if not

impossible, to arrange the business of an extensive practice, between

this and the first of November, in a manner at all satisfactory to

myself, or to those who have committed their interests to my care, and

who rely on my services. Besides, you know that Mrs. Pierce’s health,

while at Washington, was very delicate. It is, I fear, even more so now;

and the responsibilities which the proposed change would necessarily

impose upon her ought, probably, in themselves, to constitute an

insurmountable objection to leaving our quiet home for a public station

at Washington.

“When I resigned my seat in the Senate in 1842, I did it with the fixed

purpose never again to be voluntarily separated from my family for any

considerable length of time, except at the call of my country in time of

war; and yet this consequence, for the reason before stated, and on

account of climate, would be very likely to result from my acceptance.

“These are some of the considerations which have influenced my decision.

You will, I am sure, appreciate my motives. You will not believe that I

have weighed my personal convenience and case against the public

interest, especially as the office is one which, if not sought, would be

readily accepted by gentlemen who could bring to your aid attainments and

qualifications vastly superior to mine.”

Previous to the offer of the attorney-generalship, the appointment of

United States Senator had been tendered to Pierce by Governor Steele, and

declined. It is unquestionable that, at this period, he hoped and

expected to spend a life of professional toil in a private station,

undistinguished except by the exercise of his great talents in peaceful

pursuits. But such was not his destiny. The contingency to which he

referred in the above letter, as the sole exception to his purpose of

never being separated from his family, was now about to occur. Nor did

he fail to comport himself as not only that intimation, but the whole

tenor of his character, gave reason to anticipate.

During the years embraced in this chapter,--between 1842 and 1847,--he

had constantly taken an efficient interest in the politics of the state,

but had uniformly declined the honors which New Hampshire was at all

times ready to confer upon him. A democratic convention nominated him

for governor, but could not obtain his acquiescence. One of the

occasions on which he most strenuously exerted himself was in holding the

democratic party loyal to its principles, in opposition to the course of

John P. Hale. This gentleman, then a representative in Congress, had

broken with his party on no less important a point than the annexation of

Texas. He has never since acted with the Democracy, and has long been a

leader of the free soil party.

In 1844 died Frank Robert, son of Franklin Pierce, aged four years, a

little boy of rare beauty and promise, and whose death was the greatest

affliction that his father has experienced. His only surviving child is

a son, now eleven years old.

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