Many doubt the desirability of this kind of defense: "If I had killed him, I should have done well; but I did not kill him." Where is the occasion, say they, for the first proposition if the second be true?

They run counter to each other, and whoever advances both, will be credited in neither. This is partly true, for if the last proposition be unquestionable, it is the only one that should be used. But if we are apprehensive of anything in the stronger, we may use both. On these occasions persons seem to be differently affected; one will believe the fact, and exculpate the right; another will condemn the right, and perhaps not credit the fact. So, one dart may be enough for an unerring hand to hit the mark, but chance and many darts must effect the same result for an uncertain aim. Cicero clears up this matter in his defense of Milo. He first shows Clodius to be the aggressor, and then, by a superabundance of right, adds that tho he might not be the aggressor, it was brave and glorious in Milo to have delivered Rome of so bad a citizen.

Tho division may not always be necessary, yet when properly used it gives great light and beauty to a discourse. This it effects not only by adding more perspicuity to what is said, but also by refreshing the minds of the hearers by a view of each part circ.u.mscribed within its bounds; just so milestones ease in some measure the fatigue of travelers, it being a pleasure to know the extent of the labor they have undergone, and to know what remains encourages them to persevere, as a thing does not necessarily seem long when there is a certainty of coming to the end.

ESSENTIALS OF GOOD ARGUMENT

Every division, therefore, when it may be employed to advantage, ought to be first clear and intelligible, for what is worse than being obscure in a thing, the use of which is to guard against obscurity in other things? Second, it ought to be short, and not enc.u.mbered with any superfluous word, because we do not enter upon the subject matter, but only point it out.

If proofs be strong and cogent, they should be proposed and insisted on separately; if weak, it will be best to collect them into a body. In the first case, being persuasive by themselves, it would be improper to obscure them by the confusion of others: they should appear in their due light. In the second case, being naturally weak, they should be made to support each other. If, therefore, they are not greatly effective in point of quality, they may be in that of number, all of them having a tendency to prove the same thing; as, if one were accused of killing another for the sake of inheriting his fortune: "You did expect an inheritance, and it was something very considerable; you were poor, and your creditors troubled you more than ever; you also offended him who had appointed you his heir, and you know that he intended to alter his will." These proofs taken separately are of little moment, and common; but collectively their shock is felt, not as a peal of thunder, but as a shower of hail.

The judge's memory, however, is not always to be loaded with the arguments we may invent. They will create disgust, and beget distrust in him, as he can not think such arguments to be powerful enough which we ourselves do not think sufficient. But to go on arguing and proving, in the case of self-evident things, would be a piece of folly not unlike that of bringing a candle to light us when the sun is in its greatest splendor.

To these some add proofs which they call moral, drawn from the milder pa.s.sions; and the most powerful, in the opinion of Aristotle, are such as arise from the person of him who speaks, if he be a man of real integrity. This is a primary consideration; and a secondary one, remote, indeed, yet following, will be the probable notion entertained of his irreproachable life.

THE BEST ORDER OF THE ARGUMENT

It has been a matter of debate, also, whether the strongest proofs should have place in the beginning, to make an immediate impression on the hearers, or at the end, to make the impression lasting with them, or to distribute them, partly in the beginning and partly at the end, placing the weaker in the middle, or to begin with the weakest and proceed to the strongest. For my part I think this should depend on the nature and exigencies of the cause, yet with this reservation, that the discourse might not dwindle from the powerful into what is nugatory and frivolous.

Let the young orator, for whose instruction I make these remarks, accustom himself as much as possible to copy nature and truth. As in schools he often engages in sham battles, in imitation of the contests of the bar, let him even then have an eye to victory, and learn to strike home, dealing moral blows and putting himself on his defense as if really in earnest. It is the master's business to require this duty, and to commend it according as it is well executed. For if they love praise to the degree of seeking it in their faults, which does them much harm, they will desire it more pa.s.sionately when they know it to be the reward of real merit. The misfortune now is that they commonly pa.s.s over necessary things in silence, considering what is for the good of the cause as of little or no account if it be not conducive to the embellishment of the discourse.

THE PERORATION

The peroration, called by some the completion, by others the conclusion, of a discourse, is of two kinds, and regards either the matters discust in it or the moving of the pa.s.sions.

The repet.i.tion of the matter and the collecting it together, which is called by the Greeks recapitulation, and by some of the Latins enumeration, serves for refreshing the judge's memory, for placing the whole cause in one direct point of view, and for enforcing in a body many proofs which, separately, made less impression. It would seem that this repet.i.tion ought to be very short, and the Greek term sufficiently denotes that we ought to run over only the princ.i.p.al heads, for if we are long in doing it, it will not be an enumeration that we make, but, as it were, a second discourse. The points which may seem to require this enumeration, however, ought to be p.r.o.nounced with some emphasis, and enlivened with opposite thoughts, and diversified by figures, otherwise nothing will be more disagreeable than a mere cursory repet.i.tion, which would seem to show distrust of the judge's memory.

RULES FOR THE PERORATION

This seems to be the only kind of peroration allowed by most of the Athenians and by almost all the philosophers who left anything written on the art of oratory. The Athenians, I suppose, were of that opinion because it was customary at Athens to silence, by the public crier, any orator who should attempt to move the pa.s.sions. I am less surprized at this opinion among philosophers, every perturbation of the mind being considered by them as vicious; nor did it seem to them compatible with sound morality to divert the judge from truth, nor agreeable to the idea of an honest man to have recourse to any sinister stratagem. Yet moving the pa.s.sions will be acknowledged necessary when truth and justice can not be otherwise obtained and when public good is concerned in the decision. All agree that recapitulation may also be employed to advantage in other parts of the pleading, if the cause is complicated and requires many arguments to defend it, and, on the other hand, it will admit of no doubt that many causes are so short and simple as to have no occasion in any part of them for recapitulation. The above rules for the peroration apply equally to the accuser and to the defendant's advocate.

They, likewise, use nearly the same pa.s.sions, but the accuser more seldom and more sparingly, and the defendant oftener and with greater emotions; for it is the business of the former to stir up aversion, indignation, and other similar pa.s.sions in the minds of the judges, and of the latter to bend their hearts to compa.s.sion. Yet the accuser is sometimes not without tears, in deploring the distress of those in whose behalf he sues for satisfaction, and the defendant sometimes complains with great vehemence of the persecution raised against him by the calumnies and conspiracy of his enemies. It would be best, therefore, to distinguish and discuss separately the different pa.s.sions excited on the parts of the plaintiff and defendant, which are most commonly, as I have said, very like what takes place in the exordium, but are treated in a freer and fuller manner in the peroration.

PURPOSES OF THE PERORATION

The favor of the judges toward us is more sparingly sued for in the beginning, it being then sufficient to gain their attention, as the whole discourse remains in which to make further impressions. But in the peroration we must strive to bring the judge into that disposition of the mind which it is necessary for us that he should retain when he comes to pa.s.s judgment. The peroration being finished, we can say no more, nor can anything be reserved for another place. Both of the contending sides, therefore, try to conciliate the judge, to make him unfavorable to the opponent, to rouse and occasionally allay his pa.s.sions; and both may find their method of procedure in this short rule, which is, to keep in view the whole stress of the cause, and finding what it contains that is favorable, odious, or deplorable, in reality or in probability, to say those things which would make the greatest impression on themselves if they sat as judges.

I have already mentioned in the rules for the exordium how the accuser might conciliate the judges. Yet some things, which it was enough to point out there, should be wrought to a fulness in the peroration, especially if the pleading be against some one universally hated, and a common disturber, and if the condemnation of the culprit should redound as much to the honor of the judges as his acquittal to their shame. Thus Calvus spoke admirably against Vatinius:

"You know, good sirs, that Vatinius is guilty, and no one is unaware that you know it." Cicero, in the same way, informs the judges that if anything is capable of reestablishing the reputation of their judgment, it must be the condemnation of Verres. If it be proper to intimidate the judges, as Cicero likewise does, against Verres, this is done with better effect in the peroration than in the exordium. I have already explained my sentiments on this point.

HOW TO AROUSE EMOTIONS

In short, when it is requisite to excite envy, hatred, or indignation there is greater scope for doing this to advantage in the peroration than elsewhere. The interest in the accused may naturally excite the judge's envy, the infamy of his crimes may draw upon him his hatred, the little respect he shows him may rouse his indignation. If he is stubborn, haughty, presumptuous, let him be painted in all the glaring colors that aggravate such vicious temper, and these manifested not only from his words and deeds, but from face, manner, and dress. I remember, on my first coming to the bar, a shrewd remark of the accuser of Cossutia.n.u.s Capito. He pleaded in Greek before the Emperor, but the meaning of his words was: "Might it not be said that this man disdains even to respect Caesar."

The accuser has recourse frequently to the arousing of compa.s.sion, either by setting forth the distrest state of him for whom he hopes to find redress, or by describing the desolation and ruin into which his children and relations are likely thereby to be involved. He may, too, move the judges by holding out to them a prospect of what may happen hereafter if injuries and violence remain unpunished, the consequence of which will be that either his client must abandon his dwelling and the care of his effects, or must resolve to endure patiently all the injustice his enemy may try to do him.

The accuser more frequently will endeavor to caution the judge against the pity with which the defendant intends to inspire him, and he will stimulate him, in as great a degree as he can, to judge according to his conscience. Here, too, will be the place to antic.i.p.ate whatever it is thought the opponent may do or say, for it makes the judges more circ.u.mspect regarding the sacredness of their oath, and by it the answer to the pleading may lose the indulgence which it is expected to receive, together with the charm of novelty in all the particulars which the accuser has already cleared up. The judges, besides, may be informed of the answer they should make to those who might threaten to have their sentence reversed; and this is another kind of recapitulation.

The persons concerned are very proper objects for affecting the mind of the judge, for the judge does not seem to himself to hear so much the orator weeping over others' misfortunes, as he imagines his ears are smitten with the feelings and voice of the distrest. Even their dumb appearance might be a sufficiently moving language to draw tears, and as their wretchedness would appear in lively colors if they were to speak it themselves, so proportionately it must be thought to have a powerful effect when exprest, as it were, from their own mouths. Just so, in theatrical representations, the same voice, and the same emphatic p.r.o.nunciation, become very interesting under the masks used for personating different characters. With a like view Cicero, tho he gives not the voice of a suppliant to Milo, but, on the contrary, commends his unshaken constancy, yet does he adapt to him words and complaints not unworthy of a man of spirit: "O my labors, to no purpose undertaken!

Deceiving hopes! Useless projects!"

This exciting of pity, however, should never be long, it being said, not without reason, that "nothing dries up so soon as tears." If time can mitigate the pangs of real grief, of course the counterfeit grief a.s.sumed in speaking must sooner vanish; so that if we dally, the auditor finding himself overcharged with mournful thoughts, tries to resume his tranquility, and thus ridding himself of the emotion that overpowered him, soon returns to the exercise of cool reason. We must, therefore, never allow this kind of emotion to become languid, but when we have wound up the pa.s.sions to their greatest height, we must instantly drop the subject, and not expect that any one will long bewail another's mishap. Therefore, as in other parts, the discourse should be well supported, and rather rise, so here particularly it should grow to its full vigor, because that which makes no addition to what has already been said seems to diminish it, and a pa.s.sion soon evaporates that once begins to subside.

Tears are excited not only by words but by doing certain things, whence it is not unusual to present the very persons who are in danger of condemnation, in a garb suitable to their distress, together with their children and relations. Accusers, too, make it a custom to show a b.l.o.o.d.y sword, fractured bones picked out of wounds, and garments drenched in blood. Sometime, likewise, they unbind wounds to show their condition, and strip bodies naked to show the stripes they have received. These acts are commonly of mighty efficacy, as fully revealing the reality of the occurrence. Thus it was that Caesar's robe, b.l.o.o.d.y all over, exposed in the Forum, drove the people of Rome into an excess of madness. It was well known that he was a.s.sa.s.sinated; his body also lay in state, until his funeral should take place; yet that garment, still dripping with blood, formed so graphic a picture of the horrible murder that it seemed to them to have been perpetrated that very instant.

It will not be amiss to hint that the success of the peroration depends much on the manner of the parties in conforming themselves to the emotions and action of their advocates. Stupidity, rusticity, and a want of sensibility and attention, as it is said, throw cold water on a cause against which the orator can not be too well provided. I have, indeed, often seen them act quite contrary to their advocate's instructions. Not the least show of concern could be observed in their countenance. They laughed foolishly and without reason, and made others laugh by some ridiculous gesticulation or grimace, especially when the heat of a debate exhibited anything akin to theatrical action.

An orator of slender ability will acquit himself better if he allows the judges by themselves to feel the compa.s.sion with which his subject may naturally inspire them, especially since the appearance, and voice, and studied air of the advocate's countenance are often ridiculed by such as are not affected by them. Let the orator make an exact estimate of his powers, therefore, and be conscious of the burden he undertakes. Here there is no middle state; he must either make his hearers weep, or expect to be laughed at.

It should not be imagined, as some have thought, that all exciting of the pa.s.sions, all sentimental emotions, ought to be confined to the exordium and peroration. In them they are most frequent, yet other parts admit them likewise, but in a shorter compa.s.s, as their greatest stress should be reserved for the end. For here, if anywhere, the orator may be allowed to open all the streams of eloquence. If we have executed all other parts to advantage, here we take possession of the minds of the judges, and having escaped all rocks, may expand all our sails for a favorable gale; and as amplification makes a great part of the peroration, we then may raise and embellish our style with the choicest expressions and brightest thoughts. And, indeed, the conclusion of a speech should bear some resemblance to that of tragedy and comedy, wherein the actor courts the spectator's applause. In other parts the pa.s.sions may be touched upon, as they naturally rise out of the subject, and no horrible or sorrowful thing should be set forth without accompanying it with a suitable sentiment. When the debate may be on the quality of a thing, it is properly subjoined to the proofs of each thing brought out. When we plead a cause complicated with a variety of circ.u.mstances, then it will be necessary to use many perorations, as it were; as Cicero does against Verres, lending his tears occasionally to Philodamus, to the masters of ships, to the crucified Roman citizens, and to many others.

Pa.s.sION AND PERSUASION

It may well be imagined that nothing else is so important in the whole art of oratory as the proper use of the pa.s.sions. A slender genius, aided by learning or experience, may be sufficient to manage certain parts to some advantage, yet I think they are fit only for instructing the judges, and as masters and models for those who take no concern beyond pa.s.sing for good speakers. But to possess the secret of forcibly carrying away the judges, of moving them, as we please, to a certain disposition of mind, of inflaming them with anger, of softening them to pity, so as to draw tears from them, all this is rare, tho by it the orator is made most distinguished and by it eloquence gains empire over hearts. The cause itself is naturally productive of arguments, and the better share generally falls to the lot of the more rightful side of the question, so that whichever side wins by dint of argument, may think that so far they did not lack an advocate. But when violence is to be used to influence the minds of the judges, when they are to be turned from coolly reflecting on the truth that works against us, then comes the true exercise of the orator's powers; and this is what the contending parties can not inform us of, nor is it contained in the state of their cases. Proofs, it is true, make the judges presume that our cause is the better, but pa.s.sion makes them wish it to be such, and as they wish it, they are not far from believing it to be so. For as soon as they begin to absorb from us our pa.s.sions of anger, favor, hatred, or pity, they make the affair their own. As lovers can not be competent judges of beauty, because love blinds them, so here a judge attentive to the tumultuous working of a pa.s.sion, loses sight of the way by which he should proceed to inquire after the truth. The impetuous torrent sweeps him away, and he is borne down in the current. The effect of arguments and witnesses is not known until judgment has been pa.s.sed, but the judge who has been affected by the orator, still sitting and hearing, declares his real sentiments. Has not he who is seen to melt into tears, already p.r.o.nounced sentence? Such, then, is the power of moving the pa.s.sions, to which the orator ought to direct all his efforts, this being his princ.i.p.al work and labor, since without it all other resources are naked, hungry, weak, and unpleasing. The pa.s.sions are the very life and soul of persuasion.

QUALITIES NEEDED IN THE ORATOR

What we require in the orator is, in general, a character of goodness, not only mild and pleasing, but humane, insinuating, amiable, and charming to the hearer; and its greatest perfection will be if all, as influenced by it, shall seem to flow from the nature of things and persons, that so the morals of the orator may shine forth from his discourse and be known in their genuine colors. This character of goodness should invariably be maintained by those whom a mutual tie ought to bind in strict union, whenever it may happen that they suffer anything from each other, or pardon, or make satisfaction, or admonish, or reprimand, but far from betraying any real anger or hatred.

A sentiment very powerful for exciting hatred may arise when an act of submission to our opponents is understood as a silent reproach of their insolence. Our willingness to yield must indeed show them to be insupportable and troublesome, and it commonly happens that they who have desire for railing, and are too free and hot in their invectives, do not imagine that the jealousy they create is of far greater prejudice to them than the malice of their speech.

All this presupposes that the orator himself ought to be a good and humane man. The virtues which he commends, if he possibly can, in his client, he should possess, or be supposed to possess, himself. In this way will he be of singular advantage to the cause he undertakes, the good opinion he has created of himself being a prejudice in its favor.

For if while he speaks he appears to be a bad man, he must in consequence plead ill, because what he says will be thought repugnant to justice. The style and manner suitable on these occasions ought, therefore, to be sweet and insinuating, never hot and imperious, never hazarded in too elevated a strain. It will be sufficient to speak in a proper, pleasing, and probable way.

The orator's business in regard to the pa.s.sions should be not only to paint atrocious and lamentable things as they are, but even to make those seem grievous which are considered tolerable, as when we say that an injurious word is less pardonable than a blow, and that death is preferable to dishonor. For the powers of eloquence do not consist so much in forcing the judge into sentiments which the nature of the matter itself may be sufficient to inspire him with, as they do in producing and creating, as it were, the same sentiments when the subject may seem not to admit them. This is the vehemence of oratorical ability which knows how to equal and even to surpa.s.s the enormity and indignity of the facts it exposes, a quality of singular consequence to the orator, and one in which Demosthenes excelled all others.

THE SECRET OF MOVING THE Pa.s.sIONS

The great secret for moving the pa.s.sions is to be moved ourselves, for the imitation of grief, anger, indignation, will often be ridiculous if conforming to only our words and countenance, while our heart at the same time is estranged from them. What other reason makes the afflicted exclaim in so eloquent a manner during the first transports of their grief? And how, otherwise, do the most ignorant speak eloquently in anger, unless it be from this force and these mental feelings?

In such pa.s.sions, therefore, which we would represent as true copies of real ones, let us be ourselves like those who unfeignedly suffer, and let our speech proceed from such a disposition of mind as that in which we would have the judge be. Will he grieve who hears me speak with an expressionless face and air of indifference? Will he be angry when I, who am to excite him to anger, remain cool and sedate? Will he shed tears when I plead unconcerned? All this is attempting impossibilities.

Nothing warms nor moistens but that which is endued with the quality of heat or moisture, nor does anything give to another a color it has not itself. The princ.i.p.al consideration, then, must be that we, ourselves, retain the impression of which we would have the judges susceptible, and be ourselves affected before we endeavor to affect others.