Discourse of the Life and Character of the Hon. Littleton Waller TazewellGrigsby, Hugh Blair
History
Discourse of the Life and Character of the Hon. Littleton Waller Tazewell
Grigsby, Hugh Blair
Tazewell, Littleton Waller, 1774-1860
Perhaps the best description of his manner at the bar would be to say
that he had no manner at all. In addressing juries, he talked to them, I
am told, ordinarily as he would converse with the same number of men in
society on the merits of the case; and his gestures were those which
might be used without serious remark in animated conversation. His
postures were sometimes negligent enough; he had a contempt for rant,
and hated show and pomp. His voice was pleasant, and of ample compass
for an ordinary court-room, and he never dealt in vociferations; indeed,
his style of argument to the jury, as well as to the bench, would have
been impossible to a boisterous talker. While his manner was natural,
his matter seemed equally void of art. When by the examination and
cross-examination of witnesses, he had obtained his facts, he formed his
theory of the case, and unfolded it to the jury in the simplest possible
way. It was plain to see, however, that the argument was a continuous
chain of demonstration, every link of which seemed to be of equal
strength. Some of his speeches to the jury, could they have been
preserved as they were delivered, would have been invaluable specimens
of dialectics for the use of students. I heard the late William Maxwell
say, that it was vain and even fatal to attempt before a jury to find
the defective links in the chain of Mr. Tazewell's arguments, for the
process would become too refined for their comprehension; and that his
own mode of argument in such cases was to let the reasoning of Tazewell
pass, and press with all his force some plain views of the case. Some
lawyers are successful in the elenchical mode of argument--to use a
logical term--that is, in demolishing the structure of their opponents,
while they fail in the deictic, that is, in raising on its ruins an
impregnable fabric of their own; but it was difficult to decide which
process was the most thorough in the reasoning of Tazewell. In putting
his arguments before a jury he showed great adroitness. He either knew
himself or learned from others the calling of every juryman; and as he
proceeded with his case, if he saw a dangerous man among them, he drew
his figures from his particular calling, and not unfrequently made the
man believe that his standing in his own business depended upon his
bringing in a verdict in his favor. When the passions were to be
assailed, he indulged in a style of fervid appeal which was the more
effective as it was rare; and his speech in Shannon's case was often
referred to by Wirt as a fine piece of eloquence in the popular
acceptation of the word.
Public-domain text, read in full here on John Shaqi.
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