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 which 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, and certainly he could not have had success, in the later period of his career.
Mr. Rantoul died at the age of forty-seven. Had he lived to take part in the affairs of the war and of reconstruction, there can be no doubt that he would have achieved great distinction. He had convictions in which Cushing was deficient. He had courage in civil affairs, which Mr. Choate did not possess. Of Choate it can be said, that he lived long enough to establish his claim to the first place at the American bar, if he be judged by what he said, and by what he did. Mr. Cushing had a long career. As to him, there is no room for conjecture. He had great power for acquisition. As an aid to others less well equipped his society and counsels were
