lected by the Democrats of the county of
Essex. There can be no doubt that he would have acted with the
Republican Party had he lived to the period of its organization. He
was one of the three distinguished persons who were born in the county
of Essex early in the century--Cushing, Choate and Rantoul. In
masterly ability Choate was the chief, unquestionably. In the
profession, neither Cushing nor Rantoul could compare with Choate,
although in learning Cushing may have been his rival. In knowledge of
diplomacy and international law neither Choate nor Rantoul could be
compared to Cushing. In the modern languages he was their superior
also, although it is probable that in the knowledge of Latin and Greek
he was inferior to Choate. In business matters they were alike
defective. In Rantoul there was a lack of continuity of purpose. He
was guided by his feelings and opinions. He had the temperament of a
reformer. Indeed, he was a reformer. He abhorred slavery, he made
war upon intemperance, he was an advocate of reform in prison
discipline, and he championed the abolition of capital punishment. In
neither of these movements did Cushing or Choate take an interest.
They thought slavery an evil, but they had no disposition to attack it.
Alike, they feared unpleasant consequences. Choate's devotion to the
Constitution was akin to idolatry.
Cushing's support of the Constitution more nearly resembled
professional duty. Indeed, that peculiarity could be discovered in
much of his public conduct. In service to others he was liberal to a
fault. In conversation, he would make suggestions to politicians and
to lawyers in aid of their views or their causes with great freedom
and without apparent concern as to the effect upon parties or men.
Rantoul was not able to fix his attention upon any one branch of labor.
He was first of all a politician with an interest in social questions.
The profession of the law was not his mistress. His arguments were
clear and direct, but they lacked the quality that is near to genius.
This quality Choate possessed in a degree not elsewhere found in the
life or history of the American Bar. Cushing's arguments were loaded
with learning and heavy with suggestions upon the general subject
rather than upon the case. This of his law arguments. As I never saw
him before a jury I cannot speak of his quality as a _nisi prius_
advocate; but I cannot imagine that he could have had eminent success,
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