Minnesota And Dacotah By C.C. Andrews





















































































































 -  Erskine was never
more decidedly at the head of the common law bar than Follett;
compared with Follett he was - Page 20
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Erskine Was Never More Decidedly At The Head Of The Common Law Bar Than Follett; Compared With Follett He Was

Insignificant in the house of commons; his career was chequered by vanities and weaknesses from which that of Follett was

Free; and yet even if he had not been associated with the greatest constitutional questions of his time and their triumphant solution, his fame would live by the mere force 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.

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