Blackwoods Edinburgh Magazine, Volume 59, No. 366, April, 1846Various
History
Blackwoods Edinburgh Magazine, Volume 59, No. 366, April, 1846
Various
England -- Periodicals; Scotland -- Periodicals
This speech has been strongly criticised as one in which the advocate
defended himself and his party, while he neglected his client. But the
obvious truth is, that unless the suggestion of assassination is
defensible, there could be no defence, and unless the laws of nations
justify the most violent charges on the character of foreign sovereigns,
there could be no justification for the language of the whole paper.
Mackintosh evidently took the best course for his cause. He made out of
bad materials a showy speech; he turned the public eye from the guilt of
the libel to the popular value of the press; where others would have
given a dull pleading, he gave a stately romance; where the jury, in
feebler hands, would have been suffered to see the facts in their savage
nudity, he exhibited them clothed in classic draperies, and dazzled the
eye with the lofty features and heroic attitudes of ancient love of
country. All the skill of man could not have saved Peltier from a
verdict of guilty; but the genius of the orator invested his sentence
with something of the glory of martyrdom. The breaking out of the war
relieved Peltier from the consequences of the verdict. But there can be
no question that, if he had been thrown into prison, he would have been
an object of the general sympathy; that the liberty of the press would
have been regarded as in some degree involved in his sufferings; that he
would have found public liberality willing to alleviate his personal and
pecuniary difficulties; and that his punishment would have been
shortened, and his fine paid by the zeal of the national sympathy. Such
are the triumphs of eloquence. Such is the value of having a man of
genius for an advocate. Such is the importance to the man of genius
himself, of resolving to exert his highest powers for his client.
Mackintosh has been called an indolent man; and he has been hitherto but
little known. But he has at last discovered his own faculties, and he
has only to keep them in action to achieve the highest successes of the
bar; to fill the place of Erskine; and if no man can make Erskine
forgotten, at least make him unregretted. This speech also has taught
another lesson, and that lesson is, that the bar can be the theatre of
the highest rank of eloquence, and that all which is regarded as the
limit of forensic excellence, is a gratuitous degradation of its own
dignity. The sharp retort, the sly innuendo, the dexterous hint, the
hard, keen subtlety, the rough common sense, all valuable in their
degree, and all profitable to their possessor, are only of an inferior
grade. Let the true orator come forth, and the spruce pleader is
instantly flung into the background. Let the appeal of a powerful mind
be made to the jury, and all the small address, and practical skill, and
sly ingenuity, are dropped behind. The passion of the true orator
communicates its passion; his natural richness of conception fills the
Public-domain text, read in full here on John Shaqi.
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