Sketches and Studies. Hawthorne Nathaniel
who have the means of knowledge and judgment on this subject, that in no state of the Union are causes tried with more industry of preparation, skill, perseverance, energy, or vehement effort to succeed.
“During much of this time, my practice in our courts was suspended; and it is only within three or four years that I have had opportunities of intimately knowing his powers as an advocate, by being associated with 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 makes himself felt by one who tries a case against him. From the first, he impresses on his opponent a consciousness of the necessity of a deadly struggle, not only in order to win the victory, but to avoid defeat.
“His vigilance and perseverance, omitting nothing in the preparation and introduction of testimony, even to the minutest details, which can be useful to his clients; his watchful attention, seizing on every weak point in the opposite 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 troublesome testimony, and availing himself of every favorable point; his quick sense of the ridiculous; his pathetic appeals to the feelings; his sustained eloquence, and remarkably energetic declamation, – all mark him for a ‘leader.’
“From the beginning to the end of the trial of a case, nothing with him is neglected which can by possibility honorably conduce to success. His manner is always respectful and deferential to the court, captivating to the jury, and calculated to conciliate the good will even of those who would be otherwise indifferent spectators. In short, he plays the part of a successful actor; successful, because he always identifies himself with his part, and in him it is not acting.
“Perhaps, as would be expected by those who know his generosity of heart, and his scorn of everything like oppression or extortion, he is most powerful in his indignant denunciations of fraud or injustice, and his addresses to the feelings in behalf of the poor and lowly, 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. General Pierce spoke of the frequency of these instances, and, before the numerous audience, offered his aid, freely and gratuitously, to redress the wrongs of any widow or representative of a revolutionary officer or soldier who had been made the subject of such extortion.
“The reply of the poor man, in the anecdote related by Lord Campbell of Harry Erskine, would be applicable, as exhibiting a feeling kindred to that with which General Pierce is regarded: ‘There’s no a puir man in a’ Scotland need to want a friend or fear an enemy, sae lang as Harry Erskine lives!’”
We next give his aspect as seen from the bench, in the following carefully prepared and discriminating article, from the chief justice of New Hampshire: —
“In attempting to estimate the character and qualifications of Mr. Pierce as a lawyer and an advocate, we undertake a delicate, but, at the same time, an agreeable task. The profession 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 honored by its followers. An integrity above suspicion, an eloquence alike vigorous and persuasive, and an intuitive sagacity have earned for Mr. Pierce the reputation that always follows them.
“The last case of paramount importance in which he was engaged as counsel was that of Morrison v. Philbrick, tried in the month of February, 1852, at the Court of Common Pleas for the county of Belknap. There was on both sides an array of eminent professional talent, Messrs. Pierce, Bell, and Bellows appearing for the defendant, and Messrs. Atherton and Whipple for the plaintiff. The case was one of almost unequalled interest to the public generally, and to the inhabitants of the country lying around the lower part of Lake Winnipiscogee. A company, commonly called the Lake Company, had become the owners of many of the outlets of the streams supplying the lake, and by means 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. Atherton. In that gentleman are united many of the rarest qualifications of an advocate. Of inimitable self-possession; with a coolness and clearness of intellect which no sudden emergencies can disturb; with that confidence in his resources which nothing but native strength, aided by the most thorough training, can bestow; with a felicity and fertility of illustration, the result alike of an exquisite natural taste and a cultivation of those studies which refine while they strengthen the mind for forensic contests, – Mr. Atherton’s argument was listened to with an earnestness and interest which showed the conviction of his audience that no ordinary man was addressing them.
“No one who witnessed that memorable trial will soon forget the argument of Mr. Pierce on that occasion. He was the counsel for the defendant, and was therefore to precede Mr. Atherton. He was to analyze and unfold to the jury this vast body of evidence under the watchful eyes of an opponent at once enterprising and cautious, and before whom it was necessary to be both bold and skilful. He was to place himself in the position of the jury, to see the evidence as they would be likely to regard it, to understand the character of their minds and what views would be the most likely to impress them. He was not only to be familiar with his own case, but to anticipate that of his opponent, 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 happened, in the course of his argument, his clear and musical accents fell upon the ear in eloquent and pointed sentences, gratifying the taste while they satisfied the reason, no man could avoid turning to his neighbor, and expressing by his looks that pleasure which the very depth of his interest forbade him to express in words. And when the long trial was over, every one remembered with satisfaction that these two distinguished gentlemen had met each other during a most exciting and exhausting trial of seven weeks, and that no unkind words, or captious passages, had occurred between them to diminish their mutual respect, or that in which they were held by their fellow-citizens.
“In the above remarks, we have indicated a few of Mr. Pierce’s characteristics as an advocate; but he possesses other endowments, to which we have not alluded. In the first place, as he is a perfectly fearless man, so he is a perfectly fearless advocate; and true courage is as necessary to the civilian as to the soldier, and smiles and frowns Mr. Pierce disregards alike in the undaunted discharge of his duty. He never fears to uphold his client, however unpopular his cause may seem to be for the moment. It is this courage which kindles his eloquence, inspires his conduct, and gives direction and firmness to his skill. This it is which impels 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 importance and weight of different views, and can assign to each its proper place, and brings forward the main body of his reasoning in prominent relief, without distracting the attention by unimportant particulars. And above all, he has