One is somewhat at a loss to what cause we may ascribe so sensible a
decline of eloquence in latter ages. The genius of mankind, at all
times, is perhaps equal: the moderns have applied themselves, with great
industry and success, to all the other arts and sciences: and a learned
nation possesses a popular government; a circumstance which seems
requisite for the full display of these noble talents: but
notwithstanding all these advantages, our progress in eloquence is very
inconsiderable, in comparison of the advances which we have made in all
other parts of learning.
Shall we assert, that the strains of ancient eloquence are unsuitable to
our age, and ought not to be imitated by modern orators? Whatever
reasons may be made use of to prove this, I am persuaded they will be
found, upon examination, to be unsound and unsatisfactory.
_First_, It may be said, that, in ancient times, during the flourishing
period of Greek and Roman learning, the municipal laws, in every state,
were but few and simple, and the decision of causes was, in a great
measure, left to the equity and common sense of the judges. The study of
the laws was not then a laborious occupation, requiring the drudgery of
a whole life to finish it, and incompatible with every other study or
profession. The great statesmen and generals among the Romans were all
lawyers; and Cicero, to show the facility of acquiring this science,
declares, that in the midst of all his occupations, he would undertake,
in a few days, to make himself a complete civilian. Now, where a pleader
addresses himself to the equity of his judges, he has much more room to
display his eloquence, than where he must draw his arguments from strict
laws, statutes, and precedents. In the former case many circumstances
must be taken in, many personal considerations regarded, and even favour
and inclination, which it belongs to the orator, by his art and
eloquence, to conciliate, may be disguised under the appearance of
equity. But how shall a modern lawyer have leisure to quit his toilsome
occupations, in order to gather the flowers of Parnassus? Or what
opportunity shall we have of displaying them, amidst the rigid and
subtile arguments, objections, and replies, which he is obliged to make
use of? The greatest genius, and greatest orator, who should pretend to
plead before the _Chancellor_, after a month's study of the laws, would
only labour to make himself ridiculous.