Whatever may have been Mr. Choate’s defects of character or of style, no competent judge ever saw his management of any case in court, from its opening to its close, without recognizing that he was a man of genius.  It mattered not whether the amount involved was little or great, whether the parties were rich or poor, wise or ignorant, whether the subject-matter was dry or fertile,—­such were his imaginative insight, his knowledge of law and of human nature, his perfection of arrangement, under which every point was treated fully, but none unduly, his consummate tact and tactics, his command of language in all its richness and delicacy to express the fullest force and the nicest shades of his meaning, and his haggard beauty of person and grace of nature, that every case rose to dramatic dignity and to its largest relations to law, psychology, and poetry; and thus, while giving it artistic unity and completeness, he all the more enforced his arguments and insured his success.  How widely different in method and surroundings from the poet’s exercise of the creative faculty in the calm of thought and retirement, on a selected topic and in selected hours of inspiration, was his entering, with little notice or preparation, into a case involving complicated questions of law and fact, with only a partial knowledge of the case of his antagonist! met at point after point by unexpected evidence and rulings of law, often involving such instantaneous decisions as to change his whole combinations and method of attack; examining witnesses with unerring skill, whom he was at once too chivalrous and too wise to browbeat; arguing to the court unexpected questions of law with full and available legal learning; carrying in his mind the case, and the known or surmised plan of attack of his antagonist, and shaping his own case to meet it; holding an exquisitely sensitive physical and mental organization in such perfect control as never to be irritated or disturbed; throwing his whole force on a given point, and rising to a joyousness of power in meeting the great obstacles to his success; and finally, with little or no respite for preparation, weaving visibly, as it were, before the mental eye, from all these elicited materials, his closing argument, which, as we have said, was all the more effective, because profound reasoning and exquisite tact and influence were involved in it as a work of art.

He had the temperament of the great actors,—­that of the elder Kean and the elder Booth, not of Kemble and Macready,—­and, like them, had the power of almost instantly passing into the nature and thought and emotion of another, and of not only absolutely realizing them, but of realizing them all the more completely because he had at the same time perfect self-direction and self-control.  The absurd question is often asked, whether an actor is ever the character he represents throughout a whole play.  He could be so, only if insane.  But every great actor and orator must be capable of instantaneous abandonment