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With the people of the entire State for an audience, the exciting issues of that eventful period were argued with an eloquence seldom heard in forensic discussion. In very truth, each was the worthy antagonist of the other.
On the other hand, it is hardly becoming for a home secretary to interpret the law, and, since the forensic triumphs of Erskine, it had been declared by an act of parliament that in cases of libel, as distinct from all other criminal trials, both the law and the fact were within the province of the jury.
Not that it displays any forensic heat; it is calm, cautious, dispassionate; but it has the air of one governed by conviction, and he often assumes the entire truth of his conclusions with the quiet nonchalance of a man seemingly unconscious that what he regards as matters of established certainty will be viewed by the great majority of his fellow beings as startling novelties.
They are Mahomedan Negroes who have made, or affect to have made, the laws of the Prophet their peculiar study; and if I may judge from their harangues, which I frequently attended, I believe that in the forensic qualifications of procrastination and cavil, and the arts of confounding and perplexing a cause, they are not always surpassed by the ablest pleaders in Europe.
Some of the causes of the present difficulties are readily to be seen. One is the common ignorance of legal or forensic medicine among the members of the profession. In none of our medical colleges is legal medicine taught as a part of the regular course or as an essential branch of study.
In political wisdom and experience he had no contemporaneous superior; there was no public man from 1820 to 1850 who had so great a prestige, and whose name and labors are so well remembered. His speeches and forensic arguments are more often quoted than those of any other statesman and lawyer the country has produced. His works are in every library, and are still read.
It was, in fact, in forensic eloquence that Latin prose first appears as a cultivated language; for the forum was to the Romans what libraries are to us. And the art of public speaking was very early developed. Cato, Laelius, Carbo, and the Gracchi are said to have been majestic and harmonious in speech. Their merits were eclipsed by Antonius, Crassus, Cotta, Sulpitius, and Hortensius.
So Kerensky, wearied by his tremendous efforts to perform the task assigned him by the workers, answered Lenine. His reply was a forensic masterpiece. He took the message of the commander-in-chief of the German eastern front and hurled it at Lenine's head, figuratively speaking, showing how Lenine's reasoning was paralleled in the German propaganda.
But Italy also saw the advent of the best professors of the age, golden-mouthed men who spoke in the language of poetry, rhetoric and philosophy, and who turned from the wearisome competition of their own circles and the barren fields of their former labours to find a flattering attention, a pleasing dignity, and the means of enjoying a full, peaceful and leisured life in the homes of Roman aristocrats, thirsting for knowledge and thirsting still more for the mastery of the unrivalled forms in which their own deeds might be preserved and through which their own political and forensic triumphs might be won.
To me, therefore, his forensic displays are in the same category with those of Patrick Henry, or any other orator whose tongue, beyond the memory of man, has moulded into dust.
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