Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
History
Representative British Orations Volume 2 (of 4): With Introductions and Explanatory Notes
Speeches, addresses, etc., English
Erskine was not only the greatest of English advocates, but he is
entitled to the still higher distinction of having given so clear an
exposition of some of the most subtle principles at the basis of human
liberty, as to cause them to be generally recognized and accepted.
It was his lot to be much more frequently employed in defence, than
in prosecution, and many of his arguments in behalf of his clients
are marvels of clear and enlightened exposition of those fundamental
rights on which English liberty is established. His speeches in behalf
of Gordon, Hadfield, Hardy, and Tooke, constitute, as a whole, the
clearest exposition ever made of the law of treason. Of the speech in
defence of Gordon, Lord Campbell goes so far as to say: “Here I find
not only great acuteness, powerful reasoning, enthusiastic zeal, and
burning eloquence, but the most masterly view ever given of the English
law of high treason, the foundation of all our liberties.” The plea
in behalf of Stockdale, commonly considered the finest of Erskine’s
speeches, is perhaps a still more felicitous exposition of the
principles involved in the law of libel. Of his speech on the rights
of juries, Campbell says that it displayed “beyond all comparison
the most perfect union of argument and eloquence ever exhibited
in Westminster Hall.” His address in behalf of Paine, if somewhat
less successful than the great efforts just alluded to, was still a
remarkable presentation of the principles of free speech. But the most
noteworthy characteristic of Erskine was that notwithstanding the depth
and ingenuity and learning of his arguments, his whole presentation was
so illumined by the glow of his genius, that his address was always
listened to with the greatest popular interest. His speech in behalf
of Hardy was seven hours in length, but the crowd of eager auditors
not only heard him to the end, but “burst out into irrepressible
acclamations which spread through the vast multitude outside and were
repeated to a great distance around.”
It need scarcely be added that for students of English law, Erskine is
the most important of all the English orators.
LORD ERSKINE.
ON THE LIMITATIONS OF FREE SPEECH, DELIVERED IN 1797 ON THE TRIAL OF
WILLIAMS FOR THE PUBLICATION OF PAINE’S “AGE OF REASON.”
Nearly all of Erskine’s speeches were several hours in length and so
logically constructed as not to admit of abridgment or excision. The
more elaborate of them, therefore, are not adapted to the purposes
of this collection. It happens, however, that one of the briefest of
his forensic addresses was the one on which he himself looked with
most satisfaction. Of the speech delivered on the prosecution of
Williams he is reported to have said: “I would rather that all my
other speeches were committed to the flames, or in any manner buried
in oblivion, than that a single page of it should be lost.” Erskine’s
“Speeches,” Am. ed., vol. i., p. 571.
Public-domain text, read in full here on John Shaqi.
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