66 as wife's crime and of his own disgrace? In the other cases, where the party has been injured, not only in feeling, but in property or property's value, it is right that redress should be given; and that redress, even when sought in the form of damages, may be demanded in a tone of eloquent reprobation of villany; but the moment the advocate recounts the miseries of his client, in order to show how much money ought to be awarded, his task is degrading and irksome. He speaks of modesty destroyed, of love turned to bitterness, of youth blasted in its prime, and of age brought down by sorrow to the grave; and he asks for money! He hawks the wrongs of the inmost spirit, beggars do their sores," and unveils the sacred agonies of the heart, that the jury may estimate the value of their palpitations! It is in vain that he urges the specious plea, that no money can compensate the sufferer, to sustain the inference that the jury must give the whole sum laid in the declaration; for the inference does not follow. Money will not compensate, not because it is insufficient in degree but in kind; and, therefore, the consequence is not that great damages should be given, but that none should be claimed. When once money is connected with the idea of mental grief, by the advocate who represents the sufferer, all respect for both is gone. Subjects, therefore, of this kind are never susceptible in a court of law of the truest pathetic; and the topics to which they give occasion are somewhat musty. court the passionate dreams of his study, he will invite scorn and make failure certain. Not only is there rarely a subject which can worthily enkindle such passion as may excite imagination, but still more rarely an audience who can justify it by receiving it into their hearts. On some few occasions, as of great political trials, a burning indignation can be felt and reflected; the thoughts which the jury themselves swell with may be imaged in shapes of fire; and the orator may, while clothing mighty principles in noble yet familiar shapes, by a felicitous compromise, bring grandeur and beauty half way to the audience, and raise the audience to a station where they can feel their influence. But he must take care that he does not deceive himself by his own emotions; and mistake the inspiration of the study for that of the court. He is safe only while he is impelled by the feeling of those whom he addresses, and while he keeps fully within their view. In ordinary causes, imagination would not only be out of place, but it cannot enter; because its own essence is truth, and because it never has part in genuine eloquence unless inspired by adequate emotion. The flowers of oratory which are withheld by fear of contempt, or regarded as mere ornaments if produced, are not those which grow out of the subject, and are streaked and coloured by the feeling of the time; but gaudy exotics, leisurely gathered and stuck in out of season, and destitute of root. These fantastical decorations do not prove the existence of fervour or of imagination, but the want of both; If, however, the highest powers of the mind and it is well if they are kept back by the good are rarely brought into action in a Court of sense of the speaker, or his reasonable fears. Nisi Prius, its more ordinary faculties are reBut while a man, endowed with high faculties,quired in full perfection, and readiness for use. cautiously abstains from displaying them on inadequate occasions, he will find them too often an impediment and a burden. He is in danger of timidity from a consciousness of power yet unascertained even by himself, and from an apprehension lest he should profane his long-cherished thoughts by a needless ex-dangers; replies on the instant, dexterously posure. He is liable to be posed by the recurrence of some delicate association which he feels will not be understood, and modestly hesitates on the verge of the profound. He is, therefore, less fitted for ordinary business than another who can survey his own mental resources at a glance, as a well-ordered armoury, and select, without hesitation, the weapon best adapted for the struggle. Pathos, much oftener than imagination, falls within the province of the advocate. But the art of exciting pity holds no elevated rank in the scale of intellectual power. As employed at the bar in actions for adultery, seduction, and breach of promise of marriage, ostensibly as a means of effecting a transfer of money from the purse of the culprit to that of the sufferer, it sinks yet lower than its natural place, and robs the sorrows on which it expatiates of all their dignity. The first of these actions is a disgrace to the English character; for the plaintiff, who asks for money, has sustained no pecuniary loss; and what money does he deserve who seeks it as a compensation for domestic comfort, at the price of exposing to the greedy public all the shameful particulars of his To an uninitiated spectator, the course of a leader in considerable business seems little less than a miracle. He opens his brief with apparent unconcern; states complicated facts and dates with marvellous accuracy; conducts his cause with zeal and caution through all its placing the adverse features of each side in the most favourable position for his client; and, having won or lost the verdict for which he has struggled, as if his fortune depended on the issue, dismisses it from his mind like one of the spectators. The next cause is called on; the jury are sworn; he unfolds another brief and another tale, and is instantly inspired with a new zeal, and possessed by a new set of feelings; and so he goes on till the court rises, finding time in the intervals of actual exertion to read the newspaper, and talk over all the scandal of the day! This is curious work; it obviously requires all the powers to which we have referred as essential, and the complete absorption of the mind in each successive case. Besides these, there are two qualities essential to splendid success -a pliable temperament, and that compound quality, or result of several qualities, called tact, in the management of a cause. To the first of these we have already alluded, in its excessive degree, as supplying a young barrister with the capability of making a display on trivial occasions; but, when chastened by time, it is a most important means of suc cess in the higher departments of the profession. An advocate should not only throw his mind into the cause, but his heart also. It is not enough that the ingenuity is engaged to elicit strength, or conceal weakness, unless the sympathies are fairly enlisted on the same side. To men of lofty habits of thinking, or of cold constitution, this is impossible, unless the case is of intrinsic magnitude, or the client has been wise enough to supply an artificial stimulus in the endorsement on the brief. Such men, therefore, are only excellent in peculiar cases, where their sluggish natures are quickened, and their pride gratified or disarmed by a high issue, or a splendid fee. Persons, on the other hand, who are prevented from saying "no," not by cowardice, but by sympathy; whose hearts open to all who happen to be their companions; whose prejudices vanish with a cordial grasp of the hand, or melt before a word of judicious flattery; who have a spare fund of warmth and kindness to bestow on whoever seeks it; and who, energetic in action, are wavering in opinion, and infirm of purpose-will be delighted advocates, if they happen also to possess industry and nerve. The statement in their brief is enough to convert them into partisans, ready to triumph in the cause, if it is good, and to cling to it, if it is hopeless, as to a friend in misfortune. By this instinct of sociality, they are enabled not only to throw life into its details, and energy into its struggles, but to create for themselves a personal interest with the jury, which they turn to the advantage of their clients. It has often been alleged that the practice of the law prepares men to abandon their principles in the hour of temptation; but it will often appear, on an attentive survey of their character, that the extent of their practice was the effect rather than the cause of their inconstancy. They are not unstable because they were successful barristers, but became successful barristers by virtue of the very qualities which render them unstable. They do not yield on a base calculation of honour or gain, but because they cannot resist a decisive compliment paid to their talents by the advisers of the crown. They are undone by the very trick of sympathy which has often moulded them to the purposes of their clients, and swayed juries to their pleasure. But the great power of a Nisi Prius advocate consists of tact in the management of a cause. Of this a by-stander sees but little; if the art be consummate, nothing; and he is, with difficulty, made to comprehend its full value. He hears the cause tried fairly out; observes perhaps witnesses on both sides examined; and thinking the whole merits have been necessarily disclosed, he sees no room for peculiar skill, except in the choice of topics to address to the jury. But a trial is not a hearing of all the matters capable of discovery which are relevant to the issue, or which would assist an impartial mind in forming a just decision. It is an artificial mode of determination, bounded by narrow limits, governed by artificial rules, and allowing each party to present to the court as much or as little of his own case as he pleases. A leader, then, has often, on the instant, to select out of a variety of matters, precisely those which will make the best show, and be least exposed to observation and answer; to estimate the probable case which lies hid in his adversary's brief, and prepare his own to elude its force; to decide between the advantage of producing a witness and the danger of exposing him; or, if he represents the defendant, to apply evidence to a case new in many of its aspects, or take the grave responsibility of offering none. Besides the opportunity which the forms and mode of trial give to the exercise of skill, the laws of evidence afford still greater play for ingenuity, and ground for caution. Some of these are founded on principle; some on mere precedent; some caprice; some on a desire to swell the revenue; and all serve to perplex the game of Nisi Prius, and give advantages to its masters. The power which they exhibit among its intricacies is really admirable, and may almost be considered as a lower order of genius. Its efforts must be immediate; for the exigency presses, and the lawyer, like the woman, "who deliberates is lost." He cannot stop to recollect a precedent, or to estimate all the consequences of a single step; yet he de cides boldly and justly. His tact is, in truth, the result of a great number of impressions, of which he is now unconscious, which gives him a kind of intuitive power to arrive at once at the right conclusion. Its effects do not make a show in the newspapers: but they are very eloquent in the sheriff's office, and in the rolls of the court. Besides exerting these qualities, a leader may render his statements not only perspicuous but elegant; relieve the dulness of a cause by wit not too subtle; and sometimes enliven the court by a momentary play of fancy. To describe Mr. Erskine, when at the bar, is to ascertain the highest intellectual eminence to which a barrister, under the most favourable circumstances, may safely aspire. He had no imaginative power, no originality of thought, no great comprehension of intellect, to encumber his progress. Inimitable as pleadings, his corrected speeches supply nothing which, taken apart from its context and the occasion, is worthy of a place in the memory. Their most brilliant passages are but commonplaces exquisitely wrought, and curiously adapted to his design. Had his mind been pregnant with greater things, teeming with beautiful images, or endued with deep wisdom, he would have been less fitted to shed lustre on the ordinary feelings and transactions of life. If he had been able to answer Pitt without fainting, or to support Fox without sinking into insignificance, he would not have been the delight of special juries, and the glory of the Court of King's Bench. For that sphere, his powers, his acquisitions, and his temperament were exactly framed. He brought into it, indeed, accomplishments never displayed there before in equal perfection-glancing wit, rich humour, infinite grace of action, singular felicity of language, and a memory elegantly stored, yet not crowded with subjects of classical and fanciful illustration. Above his audience, he was not beyond their sight, and he possessed rare facilities of raising them to his own level. In anxiety in the crisis of a cause, but instantly this purpose he was aided by his connection decides among complicated difficulties, and is with a noble family, by a musical voice, and almost always right. He can bridge over a by an eloquent eye, which enticed men to for- nonsuit with insignificant facts, and tread upon give, and even to admire his natural polish the gulf steadily but warily to its end. What and refined allusions. But his moral qualities Johnson said of Burke's manner of treating a tended even more to win them. Who could subject is true of his management of a cause, resist a disposition overflowing with kindness, “he winds himself into it like a great serpent." animal spirits as elastic as those of a school- He does not take a single view of it, nor deboy, and a love of gayety and pleasure which sert it when it begins to fail, but throws himshone out amidst the most anxious labours? self into all its windings, and struggles in it His very weaknesses became instruments of while it has life. There is a lucid arrangefascination. His egotism, his vanity, his per- ment, and sometimes a light vein of pleasantry sonal frailties, were all genial, and gave him and feeling in his opening speeches; but his an irresistible claim to sympathy. His warm-greatest visible triumph is in his replies. These est colours were drawn, not from the fancy, do not consist of a mere series of ingenious but the affections. If he touched on the ro- remarks on conflicting evidence; still less of a mantic, it was on the little chapter of romance tiresome examination of the testimony of each which belongs to the most hurried and feverish witness singly; but are as finely arranged on life. The unlettered clown, and the assiduous the instant, and thrown into as noble and detradesman, understood him, when he revived cisive masses, as if they had been prepared in some bright recollection of childhood, or the study. By a vigorous grasp of thought, he brought back on the heart the enjoyments of forms a plan and an outline, which he first disold friendship, or touched the chord of domes- tinctly marks, and then proceeds to fill up with tic love and sorrow. He wielded with skill masterly touches. When a case has been and power the weapons which precedent sup- spread over half a day, and apparently shattered plied, but he rarely sought for others. When by the speech and witnesses of his adversary, he defended the rights of the subject, it was he will gather it up, condense, concentrate, and not by abstract disquisition, but by freshening render it conclusive. He imparts a weight up anew the venerable customs and immuni- and solidity to all that he touches. Vague ties which he found sanctioned by courts and suspicions become certainties, as he exhibits parliaments, and infusing into them new en- them; and circumstances light, valueless, and ergy. He entrenched himself within the forms unconnected till then, are united together, and of pleading, even when he ventured to glance come down in wedges which drive conviction into literature and history. These forms he into the mind. Of this extraordinary power, rendered dignified as a fence against oppres- his reply on the first trial of "The King v. sion, and cast on them sometimes the playful Collins," where he gained the verdict against hues of his fancy. His powers were not only evidence and justice, was a wonderful speciadapted to his sphere, but directed by admi-men. If such a speech is not an effort of genius, rable discretion and taste. In small causes heit is so much more complete than many works was never betrayed into exaggeration, but con- which have a portion of that higher faculty, trived to give an interest to their details, and to conduct them at once with dexterity and grace. His jests told for arguments; his digressions only threw the jury off their guard, that he might strike a decisive blow; his audacity was always wise. His firmness was no less under right direction than his weaknesses. He withstood the bench, and rendered the bar immortal service; not so much by the courage of the resistance, as by the happy selection of its time, and the exact propriety of its manner. He was, in short, the most consummate advocate of whom we have any trace; he left his profession higher than he found it; and yet, beyond its pale, he was only an incomparable companion, a lively pamphleteer, and a weak and superficial debater! that we almost hesitate to place it below them. Mr. Scarlett, in the debate on the motion relative to the Chancellor's attack on Mr. Abercrombie, showed that he has felt it necessary to bend his mind considerably to the routine of his practice. He was then surprised into his own original nature; and forgetting the measured compass of his long adopted voice and manner, spoke out in a broad northern dialect, and told daring truths which astonished the house. It is not thus, however, that he wins verdicts and compels the court to grant "rules to show cause!" Mr. Brougham may, at first, appear to form an exception to the doctrines we have endeavoured to establish; but, on attentive consideration, will be found their most striking exMr. Scarlett, the present leader of the Court ample. True it is, that this extraordinary man, of King's Bench, has less brilliancy than his who, without high birth, splendid fortune, or predecessor, but is not perhaps essentially in- aristocratic connection, has, by mere intellecferior to him in the management of causes.tual power, become the parliamentary leader He studiously disclaims imagination; he rarely of the whigs of England, is at last beginning addresses the passions; but he now and then to succeed in the profession he has condegives indications which prove that he has scended to follow. But, stupendous as his disciplined a mind of considerable elegance abilities, and various as his acquisitions are, and strength to Nisi Prius uses. In the fine he does not possess that one presiding faculty tact of which we have already spoken-the in--imagination, which, as it concentrates all tuitive power of common sense sharpened others, chiefly renders them unavailing for inwithin a peculiar circle-he has no superior, ferior uses. Mr. Brougham's powers are not thus and perhaps no equal. He never betrays united and rendered unwieldy and prodigious, These great examples are sufficient for our purpose, and it would be invidious to add more. Without particularizing any, we may safely affirm that if the majority of successful advocates are not men of genius, they are men of very active and penetrating intellect, disciplined by the peculiar necessity of their profession to the strictest honour, and taught by their intimate and near acquaintance with all the casualties of human life, and the varieties of human nature, indulgence to frailty and generosity to misfortune. It is impossible to estimate too highly the value of such a body of men, aspiring, charitable, and acute; who, sprung from the people, naturally sympathize with their interests; who, being permitted to grasp at the honours of the state, are supplied with high motives to preserve its constitution; and who, if not very eager for improving the laws, at least keep unceasing watch over every attempt to infringe on the rights they sustain, or to pervert them to purposes of oppression. If they are too prone to change their party as they rise, they seldom do so from base or sordid motives, and often infuse a better spirit into those whose favours they consent to receive. but remain apart, and neither assist nor im-ers are all as distinct and as ready for use as pede each other. The same speech, indeed, those of the most accomplished of Old Bailey may give scope to several talents; to lucid practitioners. His most remarkable faculty, narration, to brilliant wit, to irresistible rea- taken singly, the power of sarcasm, can be soning, and even to heart-touching pathos; understood, even by a Lancaster jury. And but these will be found in parcels, not blended yet, though worthy to rank with statesmen beand interfused in one superhuman burst of fore whom Erskine sunk into insignificance, passionate eloquence. The single power in and though following his profession with zeal which he excels all others is sarcasm, and his and perseverence almost unequalled, he has deepest inspiration-Scorn. Hence he can hardly been able to conquer the impediment awaken terror and shame far better than he of that splendid reputation, which to any other can melt, agitate, and raise. Animated by man must have been fatal! this blasting spirit, he can "bare the mean hearts" which "lurk beneath" a hundred "stars," and smite a majority of lordly persecutors into the dust! His power is all directed to the practical and earthy. It is rather that of a giant than a magician; of Briareus than of Prospero. He can do a hundred things well, and almost at once; but he cannot do the one highest thing; he cannot by a single touch reveal the hidden treasures of the soul, and astonish the world with truth and beauty unknown till disclosed at his bidding. Over his vast domain he ranges with amazing activity, and is a different man in each province which he occupies. He is not one, but Legion. At three in the morning he will make a reply in parliament, which shall blanch the cheeks and appal the hearts of his enemies; and at half-past nine he will be found in his place in court, working out a case in which a bill of five pounds is disputed, with all the plodding care of the most laborious junior. This multiplicity of avocation, and division of talent, suit the temper of his constitution and mind. Not only does he accomplish a greater variety of purposes than any other man-not only does he give anxious attention to every petty cause, while he is fighting a great political battle, and weighing the relative interests of nations-not only does he write an article for the Edinburgh Review while contesting a county, and prepare complicated arguments on Scotch appeals by way of rest from his generous endeavours to educate a people-but he does all this as if it were perfectly natural to him, in a manner so unpretending and quiet, that a stranger would think him a merry gentleman, who had nothing to do but enjoy himself and fascinate others. The fire which burns in the tough fibres of his intellect does not quicken his pulse, or kindle his blood to more than a genial warmth. He, therefore, is one man in the senate, another in the study, another in a committee room, and another in a petty cause; and consequently is never above the work which he has to perform. His pow Let no one of those who, with a consciousness of fine talents, has failed in his profession, abate his self-esteem, or repine at his fortune. A life of success, though a life of excitement, is also a life of constant toil, in which the pleasures of contemplation and of society are sparingly felt, and which sometimes tends to a melancholy close. Besides, the best part of our days is past before the struggle begins. Success itself has nothing half so sweet as the anticipations of boyish. ambition and the partial love by which they were fostered. A barrister can scarcely hope to begin a career of anxious prosperity till after thirty; and surely he who has attained that age, after a youth of robust study and manly pleasure, with firm friends, and an unspotted character, has no right to complain of the world! In the deep discovery of the subterranean world, a shallow part would satisfy some inquirers, who, if two or three yards were opened beneath the surface would not care to rake the bowels of Potosi and regions towards SIR THOMAS BROWNE. the centre. ! MEN have always attached a peculiar interest to that region of the earth which extends for a few yards beneath its surface. Below this depth the imagination, delighting to busy itself among the secrets of Time and Mortality, hath rarely cared to penetrate. A few feet of ground may suffice for the repose of the first dwellers of the earth until its frame shall grow old and perish. The little coin, silent picture of forgotten battles, lies among the roots of shrubs and vegetables for centuries, till it is turned into light by some careful husbandman, who ploughs an inch deeper than his fathers. The dead bones which, loosened from their urns, gave occasion to Sir Thomas Browne's noblest essay, "had outlasted the living ones of Methusalem, and in a yard under ground, and thin walls of clay, outworn all the strong and spacious buildings above them, and quietly rested under the drums and tramplings of three conquests." Superstition chooses the subterranean space which borders on the abodes of the living, and ranges her vaults and mysterious caverns near to the scenes of revelry, passion, and joy; and within this narrow rind rest the mighty products of glorious vintages, the stores of that divine juice which, partaking of the rarest qualities of physical and intellectual nature, blends them in happier union within us. Here, in this hallowed ground, the germs of inspiration and the memorials of decay lie side by side, and Bacchus holds divided empire with the King of Terrors. As I sat indulging this serious vein of reflection, some years ago, when my relish of philosophy and port was young, a friend called to remind me that we had agreed to dine together with rather more luxury than usual. I had made the appointment with boyish eager ness, and now started gladly from my solitary reveries to keep it. The friend with whom I had planned our holiday, was one of those few persons whom you may challenge to a convivial evening with a mathematical certainty of enjoying it-which is the rarest quality of friendship. Many who are equal to great exigencies, and would go through fire and water to serve you, want the delicate art to allay the petty irritations, and heighten the ordinary enjoyments of life, and are quite unable to make themselves agreeable at a tête-à-tête dinner. Not so my companion; who, zealous, prompt, and consoling in all seasons of trial, had good sense for every little difficulty, and a happy humour for every social moment; at all times a better and wiser self. Blest with good but never boisterous spirits; endowed with the rare faculty not only of divining one's wishes, but instantly making them his own; skilful in sweetening good counsel with honest flattery; able to bear with enthusiasm in which he might not participate, and to avoid smiling at the follies he could not help discerning; ever ready to indulge the secret wish of his guest "for another bottle," with heart enough to drink it with him, and head enough to take care of him when it was gone, he was (and yet is) the pleasantest of advisers, the most genial of listeners, and the quietest of lively companions. On this memorable day he had, with his accustomed forethought, given particular orders for our entertainment, and I hastened to enjoy it with him, little thinking how deep and solemn was the pleasure which awaited us. We arrived at the Coffee House about *This trait sufficiently accounts for the flowers which were seen scattered on the sepulchre of Nero, when the popular indignation raged highest against his memorythe grateful Roman had eaten his mushroom under imperial auspices. Had Lord Byron been acquainted with the flavour of choice mushrooms, he would have turned to give it honour due after the following stanza, one of the noblest in that work, which, with all its faults of waywardness and haste, is a miracle of language, pathos, playfulness, sublimity, and sense. When Nero perish'd by the justest doom |