forget that, however we may be pleased with hearing ourselves fpeak, every audience may be tired; and the moment, they grow weary, our eloquence becomes ufelefs. It is better in general, to fay too little, than too much; to place our thought in one ftrong point of view, and reft it there, than by fhowing it in every light, and pouring forth a profufion of words upon it, to exhauft the attention of our hearers, and leave them languid and fatigued.

THE

ELOQUENCE OF THE BAR.

HE ends of speaking at the bar and in popu lar affemblies are commonly different. In the latter the orator aims principally to perfuade; to determine his. hearers to fome choice or conduct, as good, fit, or useful. He therefore applies himself to every principle of action in our nature; to the paffions and to the heart as well, as to the understanding. But at the bar conviction is the principal object. There the speaker's duty is not to perfuade the judges to what is good or useful, but to exhibit what is juft and true; and confequently his eloquence is chiefly addreffed to the understanding.

At the bar speakers addrefs themselves to one, or to a few judges, who are generally perfons of age, gravity, and dignity of character. There thofe advantages

which a mixed and numerous affembly affords for employing all the arts of speech, are not enjoyed. Paffion does not rise so easily. The speaker is heard with more coolness; he is watched with more feverity; and would expose himself to ridicule by attempting that high and vehement tone, which is fuited only to a multitude. Befide at the bar the field of fpeaking is confined with in law and statute. Imagination is fettered. The advocate has always before him the line, the fquare, and the compass. These it is his chief business to be con ftantly applying to the fubjects under debate.

Hence the eloquence of the bar is of a much more limited, more fober, and chastised kind, than that of popular affemblies; and confequently the judicial orations of the antients must not be confidered, as exact models of that kind of speaking, which is adapted to the present ftate of the bar. With them ftrict law was much lefs an object of attention, than it is with us. In the days of Demosthenes and Cicero the municipal ftatutes were few, fimple, and general; and the decision of causes was left in a great measure to the equity and common fenfe of the judges. Eloquence rather, than jurifprudence, was the study of pleaders. Cicero fays that three months study would make a complete civilian; nay, it was thought that a man might be a good pleader without any previous ftudy. Among the Romans there was a fet of men, called Pragmatici, whofe office it was to

fupply the orator with all the law knowledge, his caufe required; which he disposed in that popular form, and decorated with those colors of eloquence, which were most fitted for influencing the judges.

of

It may also be observed, that the civil and criminal judges in Greece and Rome were more numerous, than with us, and formed a kind of popular affembly. The celebrated tribunal of the Areopagus at Athens confisted of fifty judges at least. In Rome the Judices Selecti were always numerous, and had the office and power judge and jury. In the famous caufe of Milo Cicero fpoke to fifty one Judices Selecti, and thus had the advantage of addreffing his whole pleading, not to one or a few learned judges of the point of law, as is the cafe with us, but to an affembly of Roman citizens. Hence thofe arts of popular eloquence, which he employed with fuch fuccefs. Hence certain practices, which would be reckoned theatrical by us, were common at the Roman bar; fuch, as introducing not only the accufed perfon dreffed in deep mourning, but prefenting to the judges his family and young children endeavouring to excite pity by their cries and tears.

The foundation of a lawyer's reputation and fuccefs must be laid in a profound knowledge of his profeffion If his abilities, as a speaker, be ever so eminent; yet, if his knowledge of the law be fuperficial, few will choose to engage him in their defence. Befide previous ftudy

and an ample stock of acquired knowledge another thing, infeparable from the fuccefs of every pleader, is a diligent and painful attention to every caufe, with which he is intrusted; to all the facts and circumstances, with which it is connected. Thus he will in a great measure be prepared for the arguments of his opponent; and, being previously acquainted with the weak parts of his own caufe, he will be able to fortify them in the best manner against the attack of his adverfary.

Though the antient popular and vehement manner of pleading is now in a great measure superfeded, we must not infer that there is no room for eloquence at the bar, and that the study of it is fuperfluous. There is perhaps no fcene of public speaking, where eloquence is more requifite. The drynefs and fubtilty of fubjects, ufually agitated at the bar, require more, than any other, a certain kind of eloquence, in order to command attention; to give proper weight to the arguments employed; and to prevent, what the pleader advances, from paffing unregarded. The effect of good speaking is always great. There is as much difference in the impreffion, made by a cold, dry, and confused speaker, and that made by one, who pleads the fame cause with elegance, order, and ftrength; as there is between our conception of an object, when presented in twilight, and when viewed in the effulgence of noon.

Purity and neatness of expreffion is in this fpecies of

eloquence chiefly to be studied; a ftyle perfpicuous and proper, not needlefsly overcharged with the pedantry of law terms, nor affectedly avoiding thefe, when fuitable and requifite. Verbofity is a fault, of which men of this profeffion are frequently accused; into which the habit of speaking and writing hastily, and with little preparation, almost unavoidably betrays them. It cannot therefore be too earnestly recommended to those, who are beginning to practise at the bar, that they ear-ly guard against this, while they have leifure for prepa-ration. Let them form themselves to the habit of a strong and correct ftyle; which will become natural to them afterward, when compelled by multiplicity of bu-finefs to compofe with precipitation. Whereas, if a loofe and negligent style have been suffered to become familiar; they will not be able even upon occafions, when they wish to make an unusual effort, to exprefs themselves with force and elegance.

Distinctness in speaking at the bar is a capital property. It should be fhown first in ftating the question; in exhibiting clearly the point in debate what we admit; what we deny; and where the line of divifion begins between us and the adverse party. Next it should appear in the order and arrangement of all the parts of the pleading. A clear method is of the highest confequence in every fpecies of oration; but in thofe intricate cafes, which belong to the bar, it is infinitely effential.