yle of French pleading is exactly what we might be led to
expect from the peculiar state of manners, and the particular character
of that singular people. It is infinitely further removed from dry legal
ratiocination, and much more allied to real eloquence, than any thing we
met with in England. Any one who is acquainted with the natural inborn
fluency in conversation of every individual whom he meets in France, may
be able to form some idea of the astonishing command of words in a set
of men who are bred to public speaking. One bad effect arises from this,
which is, that if the counsel is not a man of ability, this amazing
volubility, which is found equally in all, serves more to weaken than to
convince; for the little sense there may be, is spread over so wide a
surface, or is diluted with such a dose of verbiage, that the whole
becomes tasteless and insipid to the last degree. But this fluency, on
the other hand, in the hands of a man of talents and genius, is a most
powerful weapon. It hurries you along with a velocity which, from its
very rapidity, is delightful; and where it cannot convince, it amuses,
fascinates, and overpowers you.
One thing struck me as remarkable in the French form of trial, which
perhaps might be with benefit adopted by England. All exceptions and
challenges to jurymen are made in private, and not, as with us, in open
court. This is a more delicate method, and no man's character can suffer
(as is sometimes the case in England) by being rejected. The trial by
jury is very far from being popular in France; indeed, upon an average I
have heard more voices against it than advocates for its continuance.
The great cause for this dissatisfaction is that which leads to various
other calamitous consequences in that kingdom,--the want of public
spirit in France.--The French have literally no idea of any duties which
they must voluntarily, without the prospect of reward, undertake for
their country. It never enters their heads that a man may be responsible
for the neglect of those public duties, for the performance of which he
receives no regular salary.--There is a constant connection in their
minds, between business and payment, between money and obligation: and
as for that noble and patriotic spirit which will undergo any labour
from a disinterested sense of public duty, it is long since any such
feeling has existed, and it will probably, if things continue in their
present state, be long before it w
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