the defective links in the chain of Mr. Tazewell's arguments, for the
process would become too refined for their comprehension; and that his
own mode of argument in such cases was to let the reasoning of Tazewell
pass, and press with all his force some plain views of the case. Some
lawyers are successful in the elenchical mode of argument--to use a
logical term--that is, in demolishing the structure of their opponents,
while they fail in the deictic, that is, in raising on its ruins an
impregnable fabric of their own; but it was difficult to decide which
process was the most thorough in the reasoning of Tazewell. In putting
his arguments before a jury he showed great adroitness. He either knew
himself or learned from others the calling of every juryman; and as he
proceeded with his case, if he saw a dangerous man among them, he drew
his figures from his particular calling, and not unfrequently made the
man believe that his standing in his own business depended upon his
bringing in a verdict in his favor. When the passions were to be
assailed, he indulged in a style of fervid appeal which was the more
effective as it was rare; and his speech in Shannon's case was often
referred to by Wirt as a fine piece of eloquence in the popular
acceptation of the word.
His mode of addressing the bench differed, of course, from his jury
speeches. He was less familiar in his manner and in his talk, and his
argumentation was more severe; and he was evidently more at home, or
rather more congenially employed; and he brought as much learning to
bear upon the case as was politic for the time. Here, too, he showed no
great deference to manner as a means of victory. When Gen. Taylor was
addressing the late judge St. George Tucker, who was deaf, the judge
requested him to come nearer and speak louder; but the General,
observing that a certain space between the judge and himself was
indispensable for the proper exercise of his faculties, declined the
request; Tazewell, however, who replied to Taylor, had no scruples in
the case, but, approaching the judge's ear, poured the stream of his
argument into its inner portal. It sometimes appeared that in addressing
inferior courts he went too much into detail, instead of resting his
case on its great points; but it is probable that Mr. Tazewell had taken
the true gauge of the judge's mind, and was right after all; and it is
certain that in important cases, in which appeals would probably be
taken,
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