_October 26._ 1831.
KEENNESS AND SUBTLETY.
Few men of genius are keen; but almost every man of genius is subtle. If
you ask me the difference between keenness and subtlety, I answer that it
is the difference between a point and an edge. To split a hair is no proof
of subtlety; for subtlety acts in distinguishing differences--in showing
that two things apparently one are in fact two; whereas, to split a hair is
to cause division, and not to ascertain difference.
_October_ 27. 1831.
DUTIES AND NEEDS OF AN ADVOCATE.
There is undoubtedly a limit to the exertions of an advocate for his
client. He has a right, it is his bounden duty, to do every thing which his
client might honestly do, and to do it with all the effect which any
exercise of skill, talent, or knowledge of his own may be able to produce.
But the advocate has no right, nor is it his duty, to do that for his
client which his client _in foro conscientiae_ has no right to do for
himself; as, for a gross example, to put in evidence a forged deed or will,
knowing it to be so forged. As to mere confounding of witnesses by skilful
cross-examination, I own I am not disposed to be very strict. The whole
thing is perfectly well understood on all hands, and it is little more in
general than a sort of cudgel-playing between the counsel and the witness,
in which, I speak with submission to you, I think I have seen the witness
have the best of it as often as his assailant.
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