As examples of forensic eloquence, on a great subject, before a great
and a fit assemblage, his several speeches in the case of the British
debts were, according to all the testimony, of the highest order of
merit. What they were as examples of legal learning and of legal
argumentation, may be left for every lawyer to judge for himself, by
reading, if he so pleases, the copious extracts which have been
preserved from the stenographic reports of these speeches, as taken by
Robertson. Even from that point of view, they appear not to have
suffered by comparison with the efforts made, in that cause, on the
same side, by John Marshall himself. No inconsiderable portion of his
auditors were members of the bar; and those keen and competent critics
are said to have acknowledged themselves as impressed "not less by the
matter than the manner" of his speeches.[427] Moreover, though not
expressly mentioned, Patrick Henry's argument is pointedly referred to
in the high compliment pronounced by Judge Iredell, when giving his
opinion in this case:--
"The cause has been spoken to, at the bar, with a degree of
ability equal to any occasion.... I shall, as long as I
live, remember with pleasure and respect the arguments which
I have heard in this case. They have discovered an
ingenuity, a depth of investigation, and a power of
reasoning fully equal to anything I have ever witnessed; and
some of them have been adorned with a splendor of eloquence
surpassing what I have ever felt before. Fatigue has given
way under its influence, and the heart has been warmed,
while the understanding has been instructed."[428]
It will be readily understood, however, that while Patrick Henry's
practice included important causes turning, like the one just
described, on propositions of law, and argued by him before the
highest tribunals, the larger part of the practice to be had in
Virginia at that time must have been in actions tried before juries,
in which his success was chiefly due to his amazing endowments of
sympathy, imagination, tact, and eloquence. The testimony of
contemporary witnesses respecting his power in this direction is most
abundant, and also most interesting; and, for obvious reasons, such
portions of it as are now to be reproduced should be given in the very
language of the persons who thus heard him, criticised him, and made
deliberate report concerning him.
First of all, in the way of preliminary analysis of Henry's genius and
methods as an advocate before juries, may be cited a few sentences of
Wirt, who, indeed, never heard him, but who, being himself a very
gifted and a very ambitious advocate, eagerly collected and keenly
scanned the accounts of many who had heard him:--
Public-domain text, read in full here on John Shaqi.
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