Library of the World's Best Literature, Ancient and Modern — Volume 09
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Library of the World's Best Literature, Ancient and Modern — Volume 09
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His success at the Boston bar was phenomenal. He was in a contest with
giants. Mr. Webster alone could be deemed to dispute with Mr. Choate the
place of supremacy. The general verdict has been that for pure
intellectual power Mr. Webster was the superior. But it may well be
doubted whether as an all-round advocate Mr. Choate did not carry off
the palm. The common idea of Mr. Choate has been that his marvelous
eloquence was his great source of strength and success in his forensic
contests. This is an error. Eloquent he undoubtedly was; few men have
ever been more so. But unless in frontier communities, eloquence alone
has never commanded great success at the bar--if indeed it has ever
existed--without strong logical power and sound judgment. The power of
convincing intelligent men always depends largely and mainly on
soundness of judgment in the selection of positions. Especially is this
so in the profession of the law. There have been, no doubt, many
instances where men of eloquence have captivated juries by appeals to
passion or prejudice. But in the vast majority of cases, success as an
advocate cannot be had without sound judgment in the selection of
positions, coupled with the power of clear logical statement. Mr. Choate
was no exception to this rule. Mr. Henry W. Paine, one of the leaders of
the Boston bar in Mr. Choate's time,--himself one of the most logical of
men,--once said that he did not care to hear Mr. Choate address a jury,
but to hear him argue a bill of exceptions before the full bench of the
Supreme Court was one of the greatest intellectual treats. With the
ordinary twelve men in a jury-box Mr. Choate was a wizard. His knowledge
of human nature, his wide and deep sympathies, his imagination, his
power of statement, with his rich musical voice and his wonderful
fascination of manner, made him a charmer of men and a master in the
great art of winning verdicts. So far as the writer is able to form an
opinion, there has never been at the English or American bar a man who
has been his equal in his sway over juries. Comparisons are often
condemned, but they are at times useful. Comparing Mr. Choate with Mr.
Webster, it must be conceded that Mr. Webster might at times carry a
jury against Mr. Choate by his force of intellect and the tremendous
power of his personal presence. Mr. O'Conor once said that he did not
consider Mr. Webster an eloquent man. "Mr. Webster," he said, "was an
intellectual giant. But he never impressed me as being an eloquent man."
The general judgment is that Mr. Webster had eloquence of a very high
order. But Mr. Choate was a magician. With any opponent of his time
except Mr. Webster, he was irresistible before juries. Mr. Justice
Catron of the United States Court is reported to have said of Mr.
Choate, "I have heard the most eminent advocates, but he surpasses them
all." His success came from a rare combination of eloquence, sound
logical judgment, and great powers of personal fascination.
Public-domain text, read in full here on John Shaqi.
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