LETTER II. DEAR SIR, Newyork, Sept. 16, 1811. I SHALL, in all probability, continue here the remainder of the season, principally with a view of acquiring a particular knowledge of the state of society in one of the chief cities of the union, and of forming an accurate estimate of the character of those most distinguished for their genius, wit, eloquence, or science. The usual difficulties that present themselves to foreigners in acquiring local information, as it regards myself, are in a great measure obviated by the numerous introductions I have already obtained, as well as from the kind offers of my intelligent friend, R., who is profoundly conversant with the philosophical and literary history of his country, and the most prominent characters of his native city. A few days since I was so extremely fortunate as to witness a powerful display of legal eloquence at the Newyork bar. The impressions which I then received are still fresh and glowing on my mind. They have produced a conviction that eloquence is the attribute of no particular clime, but that its sublime influence is experienced in every region where the intellectual powers are undebased by ignorance and untrammelled by superstition and slavery. In the whole circle of the human arts, there is none, in my estimation, more ornamental or more difficult of attainment than that of eloquence, none which produces more exalted effects or confers higher dignity on its possessor. It affords ample scope for the most vigorous exertions of the understanding, and the loftiests flights of imagination. It borrows assistance from every department of nature, to illustrate and embellish its subject, and lays under contribution every species of human learning, to astonish and delight us. The finished orator can, by the witchery of his art, Timotheus like, sweep the chords of human passion, and awaken all the dormant sensibilities of the soul. Eloquence is power-it is the source of preferment, the basis of most exalted reputation. An eminent orator, to use the words of Tacitus, "is a terror to his enemies, envy and malice tremble, while they hate him." The sublime characters of Grecian and Roman eloquence, was chiefly supported and maintained by the freedom of their political institutions; the turbulence of the times, and the reputation in which its votaries were held. Eloquence and liberty perished by the same stroke. Happy for the world, that the warm and enthusiastic breathings of ancient eloquence still survive. Happy, that human industry has been able to preserve, in all their natural glow, those vivid pictures, which fancy "dipping her pencil in the colours of heaven," has delineated. The chaste, energetic, and impressive orations of antiquity, continually present to the intellectual eye, the brightest images of the happiest fancy, and the loftiest conceptions of the sublimest genius. The eloquence of no modern nation (in my apprehension) approaches so near to the purest models of antiquity, in elegant simplicity of style, solidity of thought, or luxuriance of imagination, as the eloquence of the British senate. As to American oratory, I am induced to believe, from observation and report, is rapidly advancing to the highest grade of excellence. The American people, as yet, have been too much immersed in agricultural and commercial pursuits, to have preeminently excelled in the arts of taste and imagination, and all the refined graces and ornaments of rhetoric. Their senatorial eloquence, I am informed, is inferior to their legal. The latter I have had an opportunity of examining with considerable attention. The study of the law in Newyork (as it is the surest road to preferment) is cultivated with unusual avidity; its votaries are, perhaps more numerous, than those of the other two professions united. The legislators of America have been almost entirely taken. from the bar. It has afforded a rich treasury of talents from which the wants of the nation have been continually supplied. The principal lawyers of Newyork are remarkable for their legal abilities, industry, probity, and attention to the interests of their clients; their minds are, however, seldom enlarged by general science, or polished by classical literature. I apprehend, my dear H., that there is too much justice in the opinion, that the mind, when moving in a limited sphere, and confining its energies to a particular pursuit, beconies crippled and contracted. The sentiments which Burke expresses upon this subject in his admirable delineation of the character of lord Grenville, seem to be perfectly correct. "The law" (says this profound and philosophic statesman) "is one of the noblest of the human sciences, a science which has done more to quicken and invigorate the understanding, than all the other kinds of learning put together; but is not apt, except in persons happily born, to open and liberalise the mind in exactly the same proportion." Action, which Demosthenes considered to be the soul of eloquence, is here but little cultivated. Elegance of attitudes, variety of gestures, and studied inflexions of voice are considered beneath the dignity of the profession, and only becoming theatrical exhibitions. Hence very few of the lawyers I have observed, have been very assiduous in their attention to the graces. Their professional manners are rarely exalted into dignity or refined into elegance. They appear by no means deficient in legal erudition, readiness of conception, fluency of language, or strength of understanding; yet, in the arrangement of their arguments, they are often immethodical, and in the expression of their ideas destitute of precision. Logic, which my lord Coke pronounces to be the "anima legis," is by no means cultivated with a degree of ardour, proportioned to its importance. The happiest genius, and the most extensive juridical acquirements are feeble and ineffective without its assistance. The logician evolves with ease the most intricate and refined subtilties, dissects the latent fallacies of an argument, and carries home conviction to every breast. He analyses, compares, pursues a regular and systematic plan of induction: traces the erratic course of an adversary's reasoning, unravels what is involved, discovers what is futile, and rejects what is irrelevant: in order that his mind may have a clear perception of its various parts, and that nothing may remain perplexed, hidden or obscure. Nor does the logician stop here: thus far he has proceeded only to the discovery of truth; his next step is to illustrate and enforce it in a thousand different ways. To define his terms with accuracy, to keep constantly in view the leading point in debate, and to make all minor and collateral arguments subservient to its support. To cut the Gordian knot which sophistry has tied. To unravel the folds in which subtlety and falsehood have concealed themselves, and to support and establish the sound principles of law, reason, and justice, with simple elegance and luminous precision. Nor are the dry rules of logic alone entitled to the attention of the intellectual gladiator. He should wield, with equal facility and adroitness, the powerful weapons of satire, fancy, persuasion, and personal appeal: he should awaken interest, rivet attention, and suffer no avenue, which leads to the understanding, to be closed against the force of his reasoning. LETTER III. DEAR SIR, Newyork, Oct. 1, 1811. IN my last, I endeavoured to seize the bold features of American eloquence, and to mark with accuracy its characteristic excellences, and incidental defects. I shall now descend to individual sketches, grouping my characters, not in the order of their respective talents, but as fancy or convenience shall determine. Since the death of general Hamilton, there has been no lawyer at the Newyork bar, endowed with that colossal vigour of mind, which enables its possessor to tower above competition. None at present are elevated to an invidious preeminence, or "stand under the shade of exalted merit:" their efforts are consequently more active, vigorous, and winged with loftier hopes, for their contest is among rivals, their struggle for superiority. An admirable opportunity was afforded me a few days since of witnessing the combined talents of the profession, in a cause of great pecuniary importance. Among the eminent lawyers that engaged in the debate, Mr. Richard Harison (who is generally distinguised by the appellation of the father of the Newyork bar) particularly attracted my attention. I perceived in his manner of conducting this cause, uncommonly strong powers of discrimination, and a vast fund of legal erudition. The character of his eloquence is mildness, persuasion, and solidity. An eloquence which does not consist in energy of action, or the expression of vivid feelings: not in captivating the imagination by all the gaudy tints of poetic embellishment: not in perverting the judgment by inflaming passions, nor in delighting the ear of taste, by all those graceful ornaments of diction which decorate and beautify the naked simplicity of truth. It is plain, fluent, and instructive, proceeding to its end with a firm and easy step, unfolding whatever is complex, and illustrating whatever is dark and abstruse. To an understanding clear and comprehensive, Mr. Harison unites a judgment, which no involution of arguments can complex, and no sophistry confound. Rich in legal acquirements, he is ever ready to discuss the most obscure and knotty points of the law. His information (unlike most of his professional brethren) is not principally confined to juridical science: his knowledge of classical and polite literature is various and profound. The few hours of leisure, which he is able to seize from his professional pursuits, he generally devotes to the orators, poets, and philosophers of ancient and modern times. Were I allowed to hazard an opinion upon so short an acquaintance with the subject of these animadversions, I should say that Mr. Harison's mind, naturally obtuse, has become quickened by exercise, and sharpened by collision. His memory appears to possess, in a high degree, all the qualities which contribute to its perfection; it is uncommonly susceptible, retentive, and ready. His person, though small, is dignified: his face possessing no prominency of features, and seldom lighted up with expression, would, at a single glance, lead the observer to form an unfavourable opinion of his understanding. To the manners of an accomplished and engaging gentleman, he adds the most pleasing powers of conversation, and a disposition, though grave, yet mild, benevolent, and conciliating. In Newyork, Mr. Harison is considered as the oracle of the law, to whom numbers are in the habit of daily repairing for legal instruction. His responses are considered as the dictates of unerring wisdom. Although nature has denied this judicious and profound lawyer, sufficient strength of understanding to enlarge the boundaries of legal jurisprudence, yet she has qualified him |