The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And PoliticsVarious
Science
The Atlantic Monthly, Volume 06, No. 33, July, 1860: A Magazine Of Literature, Art, And Politics
Various
American periodicals
A man thoroughly in earnest in any direction is more or less a
partisan. Histories are commonly uninfluential or worthless, unless
written with views so earnest and decided as to show bias. As the
greater interests of truth are best subserved by those whose zeal is
commensurate to their scope of mind, so it is a part of the scheme of
jury-trials, that, within the limits we have named, counsel shall
throw their whole force into their cases, that thus they may be
presented fully in all lights, and the right results more surely
reached. The scheme of jury-trials itself thus providing for a
lawyer's standing in the place of his client and deriving from him
his partisan opinions, and for urging his case in its full force
within the limits of sound rules of law, it almost invariably
follows, that, the greater the talent and zeal of the advocate, and
the more he believes in the views of his client, the more liable he
is to be charged with overstating or misstating testimony. Mr. Choate
never conceived that his duty to his client should carry him up to
the line of self-surrender drawn by Lord Brougham; but, recognizing
his client's full and just claims upon him, entering into his
opinions and nature with the sympathetic and dramatic realization we
have described, he could not faithfully perform the prescribed and
admitted duty of the advocate,--necessarily, with him, involving his
throwing the whole force of his physical and intellectual vitality
into every case he tried,--without being a vehement partisan, or
without being sometimes charged with misstating evidence or going too
far for his client. Occasionally this may have been true; but we see
the explanation in the very quality of his genius and temperament,
and not in conscious or intentional wrong-doing.
His ability and method in his strictly legal arguments to courts of
law are substantially indicated in what we have already said. His
manner, however, was here calm, his general views of his subject
large and philosophic, his legal learning full, his reasoning clear,
strong, and consequential, his discrimination quick and sure, and his
detection of a logical fallacy unerring, his style, though sometimes
fairly open to the charge of redundancy, graceful and transparent in
its exhibition of his argument, and his mind always at home, and in
its easiest and most natural exercise, when anything in his case rose
into connection with great principles.
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