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A "Biography of St. Paul" is engaging the whole energy of E. Renan. The Chevalier de Chatelain has translated "Hamlet" and "Macbeth" into French.

Chambers' "Cyclopædia of English Literature" has been made the basis of a work by Mr. H J. Grainger, intended for the students of Heidelberg.

J. Foster Kirk, author of "Charles the Bold," hails, like Judge Haliburton, from Nova Scotia.

A testimonial for the Welsh bard Talhairn-the Cymric Burns-is afoot. It is to take the form of an anuuity, and will, we hope, be productive.

A work by George Chalmers (1744 1825), author of a "Life of Mary Queen of Scots," exists in MS., entitled "Lives of Writers on Trade and Political Economy."

James Hannay (b. 1827), author of "Satire and Satirists," &c., has issued a brief Memoir of Thackeray, who died suddenly on the 24th December, aged 52.

R. C. Trench (b. 1807) has been installed as Archbishop of Dublin.

An edition of the "Works of Leibnitz," under the care of Onno Klopp, is to be issued at the cost of the King of Hanover.

M. Emile-Edmond Saisset (b. 16 h Sept., 1814), editor of Spinoza, Clarke, &c., died 27th December,

The present Earl of Camperdown is said to be engaged in collecting materials for a complete biography of his grandfather, Admiral Duncan (1731— 1804), the hero who conquered the Dutch admiral, De Winter, at Camperdown.

The fourth volume of Carlyle's "Frederick" is ready.

M. Guizot has ready, "Religious Meditations."

"The Tales about the Popes current in the Middle Ages," is the subject of a work just issued at Munich by Dr. J. J. I. Döllinger (b. 1799); Professor of Church History there, author of an "Essay on Luther" (1851), &c.

Andrew Park, a minor Scottish poet and song writer, died 27th December, aged 55.

Frederic Hebbel (b. May 1813, d. December 1863), the German dramatist, has left a play, "Demetrius," nearly finished.

Mr. Geo. Burgess, the Greek critic, died at Ramsgate, 11th January.

Dr. Turton, Bishop of Ely, the vindicator of Porson, the antagonist of Cardinal Wiseman regarding "The Eucharist," &c., &c., died 7th Jan., aged 84.

Count Auersperg, who writes under the nom de plume of "Anastasius Grün," author of "Blätter der Liebe" (Leaves of Love), &c., will shortly publish a book of ballads (original) on Robin Hood, preceded by a preface on the legends of Sherwood Forest.

George Ticknor (b. 1791), historian of Spanish literature, biographer of La Fayette, has just supplied a memoir of his friend Wm. Hickling Prescott.

Franz Dingelstedt (b. 1814), Director of the Weimar Theatre, author of "The House of Barneveldt," &c., will complete Hebbel's "Demetrius," and the whole works of the Knowles of Germany will be edited by Emil Kuh and Professor Glaser.

Baron J. A. Plana (b. 1781), Professor of Analysis at the University, and Director of the Observatory of Turin, author of many scientific Me. moirs, died 20th February.

Seven hundred and twenty-nine periodical works issued from London, viz., 254 dailies and weeklies, 359 monthlies, 81 quarterlies, and 31 transactions of societies, fixed or occasional.

M Louis Ratisbonne, translator of Dante, is the heir to, and the editor of, the Works of Alfred de Vigny.

Mr. William Chambers has been engaged for the two previous years on a history of his native county, Prebles, which is now almost ready for the press.

Shakspere works, in threatening abundance, are reported as being in the press and on the tapis.

Forensic Eloquence.

THE eloquence of the bar, as a phrase, includes not only the speeches of advocates, but also the charges of recorders, and the summaries of judges. It is theoretically exerted only in the maintenance of right or the suppression of wrong. Practically, however, it has become a mediatorial agent. Law has now grown into a vast and powerful entity, whose influence and whose officers are everywhere; whose halls are open to all comers; and whose administrators are bound to afford audience to every one claiming her aid or protection. And though

"'Tis not ever

The justice and the truth o'the question carries
The due o'the verdict with it,"

the convenience of supposing that no means or effort can "partialize
the unstooping firmness" of the law compels society to acquiesce in
the ordinary judgments given in her courts. And yet, taken all in
all, it may be safely averred now that substantial justice is available
for every claimant, although to special individuals the decrees
given may seem to be rigour, and not law,-"a few of the un-
pleasantest words that ever blotted paper.'
This universal pre-
sence of law in our midst, with her strict statutes, gives it a magis-
teriality before which men's passions in general quail; and when they
come, or are brought, into the courts, they come into its presence
hesitantly and shy, anxious to conciliate it, and looking upon it as
something to be moved, yet not easy to be won. This gives the
form of mediatorship to forensic eloquence, and imparts to it its
generally submissive rather than resistant character. In most cases,
therefore, the eloquence of the bar assumes a controversial tone,-
those who employ it deferring to law as umpire, but sedulous
to turn the fairest aspect of their case to the scrutiny of the judge.
Hence, the forensic orator requires, in most cases, to keep a double
purpose constantly before his mind, viz.,-1st. The establishment of
his case by all the means the law allows, and all the proofs the matter
under consideration affords. 2nd. The refutation of the case of the
opposing counsel by any legal means, or by the use of any feasible
and available retort or argument which the matter or method of the
suit supplies.

That these functions of the advocate may be effectively performed, there are three matters to which the powers of his mind must be applied, viz.,—1st. The attainment of a complete knowledge of the facts of the question in dependence, and the objects in view in bringing it before the court. 2nd. The proper arrangement of these facts in their relations to the law and to the case of the opposing party, so as best to effect the given object. 3rd. The 1864.

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effective expression of them in speech, so as at once to state the case for the client to the judge or jury, against the opposition, with due regard to public decorum, and in accordance with the kind and amount of evidence able to be brought forward in support of the position taken.

The pleader's one object is to gain his case: like every orator, his business is to persuade, and so to win "the hearts of all that he may angle for," that they shall consent to the rightness, if not the righteousness, of his claim or his defence. Persuasion depends upon the proper employment and presentment of proofs, the manner in which these are set forth, and the method and keenness with which they touch some passions or emotions, active or excitable in the hearts of those whom he addresses. These all require prudent management, and are each dangerous instruments if not warily used. The inexorable rigour of a true logic, and the inseparable requirements of a thorough-going rhetoric, must be well known to, and readily brought into active use by, one whose business it is to cog the hearts of men to his own purpose, or to resist the aim of another to acquire the mastery of men's minds.

Logic, of course, teaches, as a practical art, the methods of forming, employing, and criticizing arguments; and the adept in its processes soon acquires a readiness in bringing from its repertories such help as it may yield. These, after arrangement by rhetoric, become topics, of which, as regards forensic eloquence, there are two sorts, viz., internal, self-contained in the subject itself; external. or lying beyond, yet attached or related to the subject. Proof depends upon the right use and proper arrangement of the several topics which a suit supplies, and the ability of the orator is displayed in the gathering together of these, in the arrangement of them so as to help each other and his case, and in the pointedness with which he brings them, in their aggregated force, to bear upon the matters in dispute or under consideration, in their relations to his client, to the opposers of his case, and to the law.*

66

The logic of evidence," which is involved, either directly or indirectly, in every act and effort of life, is brought prominently before the intellect in an especial manner in every appeal to law. In our present paper we could not possibly give even a synopsis of a subject so extensive, and we must reserve that topic for a separate paper at a subsequent opportunity. The capacity of fixing in one's mind, however, all that lies within the sphere of a case available for expounding it properly, and of determining readily the relations any suit bears at once to the facts on which it is founded, and the law to which it is about to be referred, is one of supreme importance in * A useful (as the author believes) "Synopsis of the Principles of Proof" is given in his " Elements of Rhetoric," p. 216. in which book also there are two chapters on Method (22 and 23), which, with the two in "The Art of Reasoning (19 and 20), afford a tolerably complete view of the subject in its double relationship to thought and expression. To these he respectfully refers those earnest students who wish or require further information on this subject.

an advocate. It falls, therefore, to the forensic orator to hold firmly by the method best calculated to effect his purpose, and never to lose sight of the tendency of every form of speech to affect the ultimate aim of his pleading. Whether, therefore, he narrates or interrogates, doubts or takes for granted, quotes, apologizes, or denies, infers or conjectures, ridicules or panegyrizes, speaks plainly or involves the subject in the mists of figurative expression, reproaches or moralizes, affects to defer to principle or attempts to establish an exception, dilates or recapitulates, relinquishes or reclaims, admits or retracts, speaks perspicuously or diffusely, appeals to natural morality or legal right, adopts dramatically the character of his client or separates himself from the person whose brief he holds, and addresses the bench [or the jury] as a responsible member of society, he must have before him a full and clear view of the case he intends to present, and must preserve such a oneness of effect throughout all this diversity of means and matter, as shall leave no observable loopholes of vantage for aftercoming and opposing reasoners, and no noticeable sign or signs of having forsaken the true course of thought throughout the whole length of his address.

There is, of course, in every case, however bad, a point of view in which it may appear to most advantage: to note this, and set it in this favourable light, is the duty of a pleader. When this point of view is gained, it is easy to see what proofs, statements, principles, or enactments bear directly upon the matter in suit; and hence, those which slide by it and are superfluous. The orator, having ascertained this, may easily arrange in his mind a perfect summary of the case, and be able thereafter to decide upon the portions respectively capable of being made the topics of proofs, of eloquence, of ridicule, of statement, of apology, of inference, of appeal, or of quibble. In deciding on these, however, it is essential to remember that the only calculable result in legal controversy is that the conclusion come to by the hearers will have the force of the weakest part of the matter placed before them in linked array. It may be otherwise if circumstances are favourable, but more cannot be expected; hence, all known weak points should be thrown in incidentally, and carefully marked off as matters not really requisite to the maintenance of the case, though concurring to establish it. Among the many items which supply internal topics for forensic eloquence, the following deserve general attention:-1st. Time; 2nd. Place; 3rd. Manner; 4th. Motive, or cause; 5th. Purpose, or end; 6th. Effects-certain, probable, and possible; 7th. Persons; 8th. Circumstances; 9th. Legal definitions; 10th. Similarities, or contrasts; 11th. Essence and accident; 12th. The relations of the case to society and the law.

The topics supplied by the externals of a case are,-1st. Title of client to plead; 2nd. Form of process; 3rd. State of the law; 4th. The facts founded on; 5th. The witnesses; 6th. The condition of public opinion; 7th. Positive statutes; 8th. Precedents; 9th. Analo

gies; 10th. Illustrations; 11th. Complications to which the case is liable; 12th. Qualifications capable of being made to bring it under [or keep it beyond] the reach of the law.

If an orator carefully tries each case placed in his hands with reference to the several topics adverted to and enumerated here, he will, in all likelihood, perceive a consilience of internal and external topics, which, when duly arranged, will materially aid in the conduct of the suit with which he is entrusted. These considerations are only the preliminaries to the plan and method of an address; they are but the subsidiary inquiries necessary to enable the pleader or counsel to determine,-1st. The nature of the case; 2nd. The point or points on which it turns; 3rd. What can be established; 4th. What must be refuted; 5th. Wherein the probabilities of opposition lie; 6th. What courses the law allows in these circumstances; 7th. How the action is to be laid or defended; 8th. In what manner the judge [or jury, or both] is to be approached, and with what arguments they may be won. To know the actual matter of contest in all its extent and force, to comprehend the merits of the question, to possess a fair guage and estimate of the strength, reliability, and evidence for an antagonist's arguments and his own, to perceive clearly on what the stress of the whole question will be laid, and to distinguish precisely what must be taken up from what may be introduced, are essential to a forensic orator's success. Even a good case cannot subsist and be tenable in a court of law unless the method of laying it and managing it has been the subject of careful and diligent consideration; for it is always possible for the opposition to cry out,—

"To vouch this is no proof,

Without more certain and more overt test,
Than these thin habits and poor likelihoods
Of modern seeming do prefer."

All these considerations belong to what the rhetoricians technically call invention. i.e., the finding out and arranging of all those elements in a subject which help and tend to the understanding of that subject in the point of view from which the orator is about to consider it. The business of the rhetorician is to find suitable arguments to prove any given point; that of the logician is to try their validity, and to judge of their pertinence. The forensic orator, as a combination of logician and rhetorician, requires both to invent and to judge, i. e., he must decide upon the matter of his arguments, and determine upon their form as well as their purpose. This, however, forms but a small portion of the duty of an orator; he must not only think and arrange, he must also express his arguments; and so express them, as both to affect his hearers and effect his end. This obviously requires special qualities in a speaker, among which, the most characteristic should be, according to the old rhetoricians, reputableness or probity, modesty-i. e., making one's self subordinate to one's cause,-zeal for the common good, and prudence, or the

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