XXXIX. What I am going to say will appear, perhaps, too minute; it may border on the ridiculous, and excite your mirth: with all my heart; I will hazard it for that very reason. The dress now in use at the bar has an air of meanness: the speaker is confined in a close robe [a], and loses all the grace of action. The very courts of judicature are another objection; all causes are heard, at present, in little narrow rooms, where spirit and strenuous exertion are unnecessary. The orator, like a generous steed, requires liberty and ample space: before a scanty tribunal his spirit droops, and the dullness of the scene damps the powers of genius. Add to this, we pay no attention to style; and indeed how should we? No time is allowed for the beauties of composition: the judge calls upon you to begin, and you must obey, liable, at the same time, to frequent interruptions, while documents are read, and witnesses examined.
During all this formality, what kind of an audience has the orator to invigorate his faculties? Two or three stragglers drop in by chance, and to them the whole business seems to be transacted in solitude. But the orator requires a different scene. He delights in clamour, tumult, and bursts of applause. Eloquence must have her theatre, as was the case in ancient times, when the forum was crowded with the first men in Rome; when a numerous train of clients pressed forward with eager expectation; when the people, in their several tribes; when ambassadors from the colonies, and a great part of Italy; attended to hear the debate; in short, when all Rome was interested in the event. We know that in the cases of Cornelius, Scaurus, Milo, Bestia, and Vatinius, the concourse was so great, that those several causes were tried before the whole body of the people. A scene so vast and magnificent was enough to inflame the most languid orator. The speeches delivered upon those occasions are in every body's hands, and, by their intrinsic excellence, we of this day estimate the genius of the respective authors.
XL. If we now consider the frequent assemblies of the people, and the right of prosecuting the most eminent men in the state; if we reflect on the glory that sprung from the declared hostility of the most illustrious characters; if we recollect, that even Scipio, Sylla, and Pompey, were not sheltered from the storms of eloquence, what a number of causes shall we see conspiring to rouse the spirit of the ancient forum! The malignity of the human heart, always adverse to superior characters, encouraged the orator to persist. The very players, by sarcastic allusions to men in power, gratified the public ear, and, by consequence, sharpened the wit and acrimony of the bold declaimer.
Need I observe to you, that in all I have said, I have not been speaking of that temperate faculty [a] which delights in quiet times, supported by its own integrity, and the virtues of moderation? I speak of popular eloquence, the genuine offspring of that licentiousness, to which fools and ill-designing men have given the name of liberty: I speak of bold and turbulent oratory, that inflamer of the people, and constant companion of sedition; that fierce incendiary, that knows no compliance, and scorns to temporize; busy, rash, and arrogant, but, in quiet and well regulated governments, utterly unknown. Who ever heard of an orator at Crete or Lacedæmon? In those states a system of rigorous discipline was established by the first principles of the constitution. Macedonian and Persian eloquence are equally unknown. The same may be said of every country, where the plan of government was fixed and uniform.
At Rhodes, indeed, and also at Athens, orators existed without number, and the reason is, in those communities the people directed every thing; a giddy multitude governed, and, to say the truth, all things were in the power of all. In like manner, while Rome was engaged in one perpetual scene of contention; while parties, factions, and internal divisions, convulsed the state; no peace in the forum, in the senate no union of sentiment; while the tribunals of justice acted without moderation; while the magistrates knew no bounds, and no man paid respect to eminent merit; in such times it must be acknowledged that Rome produced a race of noble orators; as in the wild uncultivated field the richest vegetables will often shoot up, and flourish with uncommon vigour. And yet it is fair to ask, Could all the eloquence of the Gracchi atone for the laws which they imposed on their country? Could the fame which Cicero obtained by his eloquence, compensate for the tragic end to which it brought him []?
XLI. The forum, at present, is the last sad relic of ancient oratory. But does that epitome of former greatness give the idea of a city so well regulated, that we may rest contented with our form of government, without wishing for a reformation of abuses? If we except the man of guilt, or such as labour under the hard hand of oppression, who resorts to us for our assistance? If a municipal city applies for protection, it is, when the inhabitants, harassed by the adjacent states, or rent and torn by intestine divisions, sue for protection. The province, that addresses the senate for a redress of grievances, has been oppressed and plundered, before we hear of the complaint. It is true, we vindicate the injured, but to suffer no oppression would surely be better than to obtain relief. Find, if you can, in any part of the world a wise and happy community, where no man offends against the laws: in such a nation what can be the use of oratory? You may as well profess the healing art where ill health is never known. Let men enjoy bodily vigour, and the practice of physic will have no encouragement. In like manner, where sober manners prevail, and submission to the authority of government is the national virtue, the powers of persuasion are rendered useless. Eloquence has lost her field of glory. In the senate, what need of elaborate speeches, when all good men are already of one mind? What occasion for studied harangues before a popular assembly, where the form of government leaves nothing to the decision of a wild democracy, but the whole administration is conducted by the wisdom of a single ruler? And again; when crimes are rare, and in fact of no great moment, what avails the boasted right of individuals to commence a voluntary prosecution? What necessity for a studied defence, often composed in a style of vehemence, artfully addressed to the passions, and generally stretched beyond all bounds, when justice is executed in mercy, and the judge is of himself disposed to succour the distressed?
Believe me, my very good, and (as far as the times will admit) my eloquent friends, had it been your lot to live under the old republic, and the men whom we so much admire had been reserved for the present age; if some god had changed the period of theirs and your existence, the flame of genius had been yours, and the chiefs of antiquity would now be acting with minds subdued to the temper of the times. Upon the whole, since no man can enjoy a state of calm tranquillity, and, at the same time, raise a great and splendid reputation; to be content with the benefits of the age in which we live, without detracting from our ancestors, is the virtue that best becomes us.