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But though this analysis is highly useful in rendering our knowledge more distinct, it does not really add to it. It does not increase, though it gives us a greater mastery over, the wealth which we before possessed. For forensic purposes, for all the established professions of society, this is sufficient.
But law in this sense is not 'legal. It is not 'judicial, or 'forensic, or 'statutory. None the less it is real and vital, and the whole moral value of the relation depends upon it. When a man says as some one has said 'There are many to whom the conception of forgiveness resting on a judicial transaction does not appeal at all, I entirely agree with him; it does not appeal at all to me.
On the last occasion he had escaped by a forensic quibble and not, as usual, by a private escapade; and it was a question whether at the moment he was amenable to the law or not. It might be necessary to stretch a point, but a man like Sir Walter could probably stretch it as far as he liked. Whether he intended to do so was a question to be considered.
His address to the jury on the whole case was long remembered in the courts, rising as it did to a very high level of forensic eloquence.
But deeper than all forensic or academic controversy was the substantial and tremendous fact, that the American people had grown into a nation, organic and vital. That unity was felt in millions of breasts, cherished by countless firesides, recognized among the peoples of the earth. There had developed that mysterious and mighty sentiment, the love of country.
There is not the slightest leaning toward mysticism in his Christianity—no indication of religious raptures, of delight in God, of spiritual communion with the Father. He is most at home in the forensic view of Justification, and dwells on salvation as a scheme rather than as an experience.
Yet not twenty men in the city knew him personally, or knew he was here; not a hundred would have known who he was had his name been given to them. He came with the fond hope of making fame in a forensic contest with Reverdy Johnson. He was pushed aside, humiliated and mortified. He attached to the innocent city the displeasure that filled his bosom, and shook its dust from his feet."
The rhetorical writings are far from coming up to the didactic chasteness of form and precision of thought of the Rhetoric dedicated to Herennius, but they contain instead a store of practical forensic experience and forensic anecdotes of all sorts easily and tastefully set forth, and in fact solve the problem of combining didactic instruction with amusement.
But it was in forensic eloquence that he was preeminent, and in which he had but one equal in ancient times. Roman eloquence culminated in him. He composed about eighty orations, of which fifty-nine are preserved. Some were delivered from the rostrum to the people, and some in the Senate. Some were mere philippics, as savage in denunciation as those of Demosthenes.
Thus England was decoyed into a protracted tournament of words and phrases without any practical result, but gratifying and inspiring no doubt to certain well-paid soi-disant champions of the principle defined as the "perfection of justice," who revel in a display of forensic erudition, which, however, only illustrates to the unedified lay mind how speech is adaptable to veil inward conviction, and how a mass of rhetoric can be employed to justify the breach of simple and well-understood engagements.
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