FREE BOOKS

Author's List




PREV.   NEXT  
|<   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39  
40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>   >|  
al, but always some piece of common sense, alike interesting to laymen as to clerks. Lord Mansfield's merit is the merit of common sense. It is the same quality we admire in Aristotle, Montaigne, Cervantes, or in Samuel Johnson, or Franklin. Its application to law seems quite accidental. Each of Mansfield's famous decisions contains a level sentence or two, which hit the mark. His sentences are not always finished to the eye, but are finished to the mind. The sentences are involved, but a solid proposition is set forth, a true distinction is drawn. They come from and they go to the sound human understanding; and I read, without surprise, that the black-letter lawyers of the day sneered at his "equitable decisions," as if they were not also learned. This, indeed, is what speech is for, to make the statement; and all that is called eloquence seems to me of little use, for the most part, to those who have it, but inestimable to such as have something to say. Next to the knowledge of the fact and its law, is method, which constitutes the genius and efficiency of all remarkable men. A crowd of men go up to Faneuil Hall; they are all pretty well acquainted with the object of the meeting; they have all read the facts in the same newspapers. The orator possesses no information which his hearers have not; yet he teaches them to see the thing with his eyes. By the new placing, the circumstances acquire new solidity and worth. Every fact gains consequence by his naming it, and trifles become important. His expressions fix themselves in men's memories, and fly from mouth to mouth. His mind has some new principle of order. Where he looks, all things fly into their places. What will he say next? Let this man speak, and this man only. By applying the habits of a higher style of thought to the common affairs of this world, he introduces beauty and magnificence wherever he goes. Such a power was Burke's, and of this genius we have had some brilliant examples in our own political and legal men. Imagery. The orator must be, to a certain extent, a poet. We are such imaginative creatures, that nothing so works on the human mind, barbarous or civil, as a trope. Condense some daily experience into a glowing symbol, and an audience is electrified. They feel as if they already possessed some new right and power over a fact, which they can detach, and so completely master in thought. It is a wonderful aid to the memory, which carries away th
PREV.   NEXT  
|<   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39  
40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>   >|  



Top keywords:

common

 

sentences

 

genius

 

thought

 

finished

 

decisions

 
Mansfield
 

orator

 
consequence
 
circumstances

higher

 
solidity
 
habits
 

applying

 
acquire
 

trifles

 
memories
 

placing

 
affairs
 

principle


things

 
naming
 

important

 

expressions

 

places

 

Imagery

 

audience

 

electrified

 

symbol

 

glowing


Condense

 

experience

 

possessed

 
memory
 
carries
 

wonderful

 

master

 

detach

 

completely

 

barbarous


brilliant

 

examples

 
beauty
 

introduces

 
magnificence
 
political
 

imaginative

 
creatures
 
extent
 

remarkable