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Sketches and Studies

Chapter 3 HIS SUCCESS AT THE BAR.

Word Count: 3957    |    Released on: 06/12/2017

ut instead of discouraging him, the failure had only served to awaken the consciousness of latent pow

appears to have started immediately into full practice. Though the people of New Hampshire already knew him well, yet his brilliant achievements as an advocate brought him more into their view, and into closer relations with them, than he had ever before been. He now met his countrymen, as represented in the jury box, face to face

gory with those of Patrick Henry, or any other orator whose tongue, beyond the memory of man, has moulded into dust. His power results, no doubt, in great measure, from the earnestness with which he imbues himself with the conception of his client's cause; insomuch that he makes it entirely his own, and, neve

of the poor man, or give his protection to one unjustly accused. As one of my correspondents observes, "When an applicant has interested him by a recital of fraud or wrong, General Pierce never investigates the man's estate before engaging in his busines

rial, like the eloquence that is sometimes poured out in a dream. In other spheres of action, with no greater expenditure of mental energy, words have been spoken that endure from age to age-deeds done that harden into history. But this, perhaps the most earnest portion of Franklin Pierce's life, has left few materials from which it can be written. There is before me only one report of a case in which he w

ies to become acquainted with General Pierce's character as a lawyer. The following is the graceful and gener

eminent powers that he at once placed himself in the very first rank at a bar so distinguished for ability as that of New Hampshire. It is confessed by all who have the means of k

th him at the bar; and, most of all, of appreciating and feeling that power, by being opposed to him in the trial of causes before juries. Far more than any other man, whom it has been my fortune to meet, he mak

case; his quickness and readiness; his sound and excellent judgment; his keen insight into character and motives, his almost intuitive knowledge of men; his ingenious and powerful cross-examinations; his adroitness in turning aside

ys respectful and deferential to the court, captivating to the jury, and calculated to conciliate the good will even of those who would be otherwise indiffere

wly, and the sufferers under wrong. I remember to have heard of his extraordinary power on one occasion, when a person who had offered to procure arrears of a pension for revolutionary services had appropriated to himself a most unreasonable share of the money. Genera

licable, as exhibiting a feeling kindred to that with which General Pierce is regarded: 'There's no

the following carefully prepared and discriminating

of the law, practised by men of liberal and enlightened minds, and unstained by the sordidness which more or less affects all human pursuits, invariably confers honor upon and is honore

ans of their works at such places, and at Union Bridge, a few miles below, were enabled to keep back the waters of the lake, and to use them as occasion should require to supply the mills at Lowell. The plaintiff alleged that the dam at Union Bridge had caused the water to rise higher than was done by the dam that existed in the year 1828, and that he was essentially injured thereby. The case had been on trial nearly seven weeks. Evidence equivalent to the testimony of one hundred and eighty witnesses had been laid before the jury. Upon this immense mass of facts, involving a great number of issues, Mr. Pierce was to meet his most formidable opponent in the state, Mr. A

and answer as he best might the argument of the counsel. And most admirably did he discharge the duties he had assumed on behalf of his client. Eminently graceful and attractive in his manner at all times, his demeanor was then precisely what it should have been, showing a manly confidence in himself and his case, and a courteous deference to the tribunal he was addressing. His erect and manly figure, his easy and unembarrassed air, bespoke the favorable attention of his audience. His earnest devotion to his cause, his deep emotion, evidently suppressed, but for that very reason all the more interesting, diffused themselves like electricity through his hearers. And when, as often

him onward, at all risks, to lay bare every 'mystery of iniquity' which he believes is threatening his case. He does not ask himself whether his opponent be not a man of wealth and influence, of whom it might be for his interest to speak with care and circumspection; but he devotes himself with a ready zeal to his cause, careless of aught but how he may best discharge his duty. His argumentative powers are of the highest order. He never takes before the court a position which he believes untenable. He has a quick and sure perception of his points, and the power of enforcing them by apt and pertinent illustrations. He sees the relative importa

e rebuke that followed his first attack. There is a ready repartee and a quick and cutting sarcasm in his manner when he chooses to display it, which it requires a man of considerable nerve to withstand. He is peculiarly happy in the examination of witnesses-that art in which so few excel. He never browbeats, he never attempts to terrify. He is never rude or discourteous. But the equivocatin

ge, bespeaking him at once the gentleman and the true man; a manner warmed by the ardent glow of an earnest belief; an enunciation ringing, distinct, and impressive beyond that of most men; a command of brilliant and expressive language; and an accurate taste, together wi

thority, and of true self-government. Equally removed from that malignant hostility to order which characterizes the demagogues who are eager to rise upon the ruins even of freedom, and from that barren and bigoted narrowness which would oppose all rational freedom of opinion, he is, in its loftiest and most ennobling sense, a friend of that Union, without which the honored name of American citizen would become a by-word among the nations. And if, as we fervently pray and confidently expect he will, Mr. Pierce shall display

tood, has sometimes contemplated a removal, and, two or three years since, had almost determined on settling in Baltimore. But his native state, where he is known so well, and regarded with so much familiar affection, which he has served so faithfully

m he had been associated on the most friendly terms in Congress, now offered him the post of attorney general of the United States. "In tendering to you this position in my cabinet," writes the President, "I have been g

to my taste. I longed, as I am sure you must often have done, for the quiet and independence t

lf, or to those who have committed their interests to my care, and who rely on my services. Besides, you know that Mrs. Pierce's health, while at Washington, was very delicate. It is, I fear, even more so now; and t

d from my family for any considerable length of time, except at the call of my country in time of war; and yet this co

lieve that I have weighed my personal convenience and case against the public interest, especially as the office is one which, if no

d a life of professional toil in a private station, undistinguished except by the exercise of his great talents in peaceful pursuits. But such was not his destiny. The contingency to which he referred in the above letter, as t

democratic convention nominated him for governor, but could not obtain his acquiescence. One of the occasions on which he most strenuously exerted himself was in holding the democratic party loyal to its principles, in opposition to the course o

of rare beauty and promise, and whose death was the greatest affliction that hi

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