Studies in Contemporary BiographyBryce, James Bryce, Viscount
History
Studies in Contemporary Biography
Bryce, James Bryce, Viscount
Great Britain -- Biography
In the field of law, where passion has no place, and even imagination
must be content to move with clipped wings along the ground, the
merits of Lord Cairns's intellect showed to the best advantage. At the
Chancery bar he was one of a trio who had not been surpassed, if ever
equalled, during the nineteenth century, and whom none of our now
practising advocates rivals. The other two were Mr., afterwards Lord
Justice, Rolt, and Mr. Roundell Palmer, afterwards Lord Chancellor
Selborne. All were admirable lawyers, but, of the three, Rolt excelled
in his spirited presentation of a case and in the lively vigour of his
arguments. Palmer was conspicuous for exhaustless ingenuity, and for a
subtlety which sometimes led him away into reasonings too fine for the
court to follow. Cairns was broad, massive, convincing, with a robust
urgency of logic which seemed to grasp and fix you, so that while he
spoke you could fancy no conclusion possible save that toward which he
moved. His habit was to seize upon what he deemed the central and
vital point of the case, throwing the whole force of his argument upon
that one point, and holding the judge's mind fast to it.
All these famous men were raised to the judicial bench. Rolt remained
there for a few months only, so his time was too short to permit him
to enrich our jurisprudence and leave a memory of himself in the
Reports. Palmer sat in the House of Lords from his accession to the
Chancellorship in 1872 till his death in 1896, and, while fully
sustaining his reputation as a man of eminent legal capacity, was, on
the whole, less brilliant as a judge than he had been as an advocate,
because a tendency to over-refinement is more dangerous in the
judicial than in the forensic mind. He made an admirable Chancellor,
and showed himself more industrious and more zealous for law reform
than did Cairns. But Cairns was the greater judge, and became to the
generation which argued before him a model of judicial excellence. In
hearing a cause he was singularly patient, rarely interrupting
counsel, and then only to put some pertinent question. His figure was
so still, his countenance so impassive, that people sometimes doubted
whether he was really attending to all that was urged at the bar. But
when the time came for him to deliver judgment, which in the House of
Lords is done in the form of a speech addressed to the House in
moving or supporting a motion that is to become the judgment of the
tribunal, it was seen how fully he had apprehended the case in all its
bearings. His deliverances were never lengthy, but they were
exhaustive. They went straight to the vital principles on which the
question turned, stated these in the most luminous way, and applied
them with unerring exactitude to the particular facts. It is as a
storehouse of fundamental doctrines that his judgments are so
valuable. They disclose less knowledge of case-law than do those of
some other judges; but Cairns was not one of the men who love cases
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