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قراءة كتاب Minnesota and Dacotah
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and beauty of his forensic eloquence as long as our language. But no collection of the speeches of Follett has been made; none will ever be attempted; no speech he delivered is read, except perchance as part of an interesting trial, and essential to its story, and then the language is felt to be poor, the cadences without music, and the composition vapid and spiritless; although, if studied with a view to the secrets of forensic success, with a 'learned spirit of human dealing,' in connexion with the facts developed and the difficulties encountered, will supply abundant materials for admiration of that unerring skill which induced the repetition of fortunate topics, the dexterous suppression of the most stubborn things when capable of oblivion, and the light evasive touch with which the speaker fulfilled his promise of not forgetting others which could not be passed over, but which, if deeply considered, might he fatal. If, however, there was no principle of duration in his forensic achievements, there can be doubt of the esteem in which they were held or the eagerness with which they were sought. His supremacy in the minds of clients was more like the rage of a passion for a youthful Roscius or an extraordinary preacher, than the result of deliberate consideration; and yet it prevailed, in questions not of an evening's amusement, but of penury or riches, honor or shame. Suitors were content, not only to make large sacrifices for the assured advantage of his advocacy, but for the bare chance— the distant hope— of having some little part (like that which Phormio desires to retain in Thais) of his faculties, with the certainty of preventing their opposition. There was no just ground, in his case, for the complaint that he received large fees for services he did not render; for the chances were understood by those who adventured in his lottery; in which after all there were comparatively few blanks. His name was 'a tower of strength,' which it was delightful to know that the adverse faction wanted, and which inspired confidence even on the back of the brief of his forsaken junior, who bore the burden and heat of the day for a fifth of the fee which secured that name. Will posterity ask what were the powers thus sought, thus prized, thus rewarded, and thus transient? They will be truly told that he was endowed, in a remarkable degree, with some moral qualities which smoothed his course and charmed away opposition, and with some physical advantages which happily set off his intellectual gifts; that he was blessed with a temper at once gentle and even; with a gracious manner and a social temperament; that he was without jealousy of the solid or showy talents of others, and willingly gave them the amplest meed of praise; that he spoke with all the grace of modesty, yet with the assurance of perfect mastery over his subject, his powers, and his audience; and yet they will scarcely recognise in these excellencies sufficient reasons for his extraordinary success. To me, the true secret of his peculiar strength appeared to lie in the possession of two powers which rarely co-exist in the same mind— extraordinary subtlety of perception and as remarkable simplicity of execution. In the first of these faculties— in the intuitive power of common sense, which is the finest essence of experience, whereby it attains 'to something of prophetic strain'— he excelled all his contemporaries except Lord Abinger, with whom it was more liable to be swayed by prejudice or modified by taste, as it was adorned with happier graces. The perfection of this faculty was remarkably exemplified in the fleeting visits he often paid to the trials of causes which he had left to the conduct of his juniors; a few words, sometimes a glance, sufficed to convey to his mind the exact position of complicated affairs, and enabled him to decide what should be done or avoided; and where the interference of any other moral advocate would have been dangerous, he often rendered good service, and, which was more extraordinary, never did harm. So his unrivalled aptitude for legal reasoning, enabled him to deal with authorities as he dealt with facts; if unprepared for an argument, he could find its links in the chaos of an index, and make an imposing show of learning out of a page of Harrison; and with the aid of the interruptions of the bench, which he could as dexterously provoke as parry, could find the right clue and conduct a luminous train of reasoning to a triumphant close. His most elaborate arguments, though not comparable in essence with those of his chief opponent, Lord Campbell— which, in comprehensive outline, exact logic, felicitous illustration, and harmonious structure, excelled all others I have heard— were delivered in tones so nicely adapted to the minds and ears of the judges, with an earnestness so winning, and a confidence so contagious, that they made a judgment on his side not only a necessity, but a pleasure.
"The other faculty, to which, in combination with his subtlety of understanding, the excellence of his advocacy may be attributed, is one more rarely possessed— and scarcely ever in such association— the entire singleness of a mind equally present in every part of a cause. If the promotion of the interest of the client were an advocate's highest duty, it would be another name for the exactest virtue; and inasmuch as that interest is not, like the objects of zeal, fixed in character, but liable to frequent change, the faculty of directing the whole power of the understanding to each shifting aspect of the cause in its minutest shadowings without the guidance of an inflexible law, is far more wonderful, if far less noble, than a singleness of devotion to right. It has an integrity of its own, which bears some affinity to that honesty which Baillie Nichol Jarvie attributes to his Highland kinsman. Such honesty— that is, the entire devotion of all the faculties to the object for which it was retained, without the lapse of a moment's vanity or indolence, with unlimited vision and unceasing activity— was Follett's beyond all other advocates of our time. To the presentment of truth, or sophism, as the cause might require, he gave his entire mind with as perfect oblivion of self as the most heroic sufferer for principle. The faculty which in Gladstone, the statesman, applied to realities and inspired only by the desire to discover the truth and to clothe it in language, assumes, in the minds of superficial observers, the air of casuistry from the nicety of its distinctions and the earnest desire of the speaker to present truth in its finest shades— in Follett, the advocate, applied indiscriminately to the development of the specious shows of things as of their essences, wore all the semblance of sincerity; and, in one sense, deserved it. No fears, no doubts, no scruples shook him. Of the license which advocacy draws from sympathy with the feelings of those it represents, he made full use, with unhesitating power; for his reason, of 'large discourse,' was as pliable as the affections of the most sensitive nature. Nor was he diverted from his aim by any figure or fancy: if he neither exalted his subject by imagination, nor illustrated it by wit, nor softened its details by pathos, he never made it the subject of vain attempts at the exhibition of either. He went into the arena, stripped of all encumbrance, to win, and contended studious only and always of victory. His presence of mind was not merely the absence of external distraction, nor the capacity of calling up all energies on an emergency, but the continued application of them equally to the duty of each moment. There are few speakers, even of fervid sincerity and zeal, whose thoughts do not frequently run before or beside the moment's purpose; whose wits do not sometimes wander on to some other part of the case than that they are instantly discussing; who do not anticipate some future effect, or dally with some apprehension of future peril, while they should consider only the next word or sentence. This momentary desertion of the exact purpose never occurred to Follett;