His success at the Boston bar was phenomenal. He was in a contest with giants. Mr. Webster alone could be deemed to dispute with Mr. Choate the place of supremacy. The general verdict has been that for pure intellectual power Mr. Webster was the superior. But it may well be doubted whether as an all-round advocate Mr. Choate did not carry off the palm. The common idea of Mr. Choate has been that his marvelous eloquence was his great source of strength and success in his forensic contests. This is an error. Eloquent he undoubtedly was; few men have ever been more so. But unless in frontier communities, eloquence alone has never commanded great success at the bar--if indeed it has ever existed--without strong logical power and sound judgment. The power of convincing intelligent men always depends largely and mainly on soundness of judgment in the selection of positions. Especially is this so in the profession of the law. There have been, no doubt, many instances where men of eloquence have captivated juries by appeals to passion or prejudice. But in the vast majority of cases, success as an advocate cannot be had without sound judgment in the selection of positions, coupled with the power of clear logical statement. Mr. Choate was no exception to this rule. Mr. Henry W. Paine, one of the leaders of the Boston bar in Mr. Choate's time,--himself one of the most logical of men,--once said that he did not care to hear Mr. Choate address a jury, but to hear him argue a bill of exceptions before the full bench of the Supreme Court was one of the greatest intellectual treats. With the ordinary twelve men in a jury-box Mr. Choate was a wizard. His knowledge of human nature, his wide and deep sympathies, his imagination, his power of statement, with his rich musical voice and his wonderful fascination of manner, made him a charmer of men and a master in the great art of winning verdicts. So far as the writer is able to form an opinion, there has never been at the English or American bar a man who has been his equal in his sway over juries. Comparisons are often condemned, but they are at times useful. Comparing Mr. Choate with Mr. Webster, it must be conceded that Mr. Webster might at times carry a jury against Mr. Choate by his force of intellect and the tremendous power of his personal presence. Mr. O'Conor once said that he did not consider Mr. Webster an eloquent man. "Mr. Webster," he said, "was an intellectual giant. But he never impressed me as being an eloquent man." The general judgment is that Mr. Webster had eloquence of a very high order. But Mr. Choate was a magician. With any opponent of his time except Mr. Webster, he was irresistible before juries. Mr. Justice Catron of the United States Court is reported to have said of Mr. Choate, "I have heard the most eminent advocates, but he surpasses them all." His success came from a rare combination of eloquence, sound logical judgment, and great powers of personal fascination.
Race Journal
Library of the World's Best Literature, Ancient and Modern, Vol. 9 — Part 104
Tags