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Daniel Webster

Chapter 2 LAW AND POLITICS IN NEW HAMPSHIRE.

Word Count: 9181    |    Released on: 30/11/2017

unties where he practised during his residence at Boscawen, he made an unusual and very profound impression. The effect then produced is

but as if he didn't care about anything that was going on about him or anything anywhere else. He didn't look as if he was thinking about anything, but as if he would think like a hurricane if he once got waked up to it. They say the lion looks so when he is quiet.... Webster would sometimes be engaged to ar

as probably better, for Mr. Webster grew steadily. This observer, however, tells us not what Mr. We

e divinity of both the courts and the profession. The learning was not extensive or profound, but practical knowledge, sound principles, and shrewd management were conspicuous. Jeremiah Smith, the Chief Justice, a man of humor and cultivation, was a well read and able judge; George Sullivan was ready of speech and fertile in expedients; and Parsons and Dexter of Massachusetts, both men of national reputation, appeared from time to time in the New Hampshire courts. Among the most eminent was William Plumer, then Senator, and afterwards Governor of the State, a well-trained, clear-headed, judicious man. He was one of Mr. Webster's early antagonists, and defeated him in their first encounter. Yet at the same time, although a leader of the bar and a United States Senator, he seems to have been oppressed with a sense of responsibility and even of inequality by this thin, black-eyed young lawyer from the back country. Mr. Plumer was a man of cool and excellent judgment, and he thought that Mr. Webster on this occasion was too excursive and declamatory. He also deemed him better fitted by mind and temperament for politics than for the law, an opinion ful

s clear and correct to the last point. Slow and deliberate in his movements, and sententious in his utterances, he dealt so powerfully with evidence and so lucidly with principles of law that he rarely failed to carry conviction to his hearers. He was particularly renowned for his success in getting verdicts. Many years afterwards Mr. Webster gave it as his deliberate opinion that he had never met with a stronger intellect, a mind of more native resources or quicker and deeper vi

y-General, Atkinson, who was able enough in his way, but whom I knew very well how to take. Atkinson being absent, Webster conducted the case for him, and turned, in the most masterly manner, the line of my defences, carrying with him all b

height, and his language, always very forcible and direct, was, when

one cannot help noticing that the generous and modest but

's mind rapidly developed by constant practice and under such influences. He showed more and more in every case his wonderful instinct for seizing on the very heart of a question, and for extricating the essential points from the midst of confused details and clashing arguments. He displayed, too, more strongly every day his capacity for close, logical reasoning and for telling retort, backed by a passion and energy none the less effective from being but slowly called into activity. In a word, the unequalled power of stating facts or principles, which was the predominant quality of Mr. Webster's genius, grew steadily with a vigorous vitality while his eloquence developed in a similar striking fashion. Much of this growth and improvement was due to the shar

rtsmouth was Grace Fletcher, daughter of the minister of Hopkinton. Mr. Webster is said to have seen her first at church in Salisbury, whither she came on horseback in a tight-fitting black velvet dress, and looking, as he said, "like an angel." She was certainly a very lovely and charming woman, of delicate and refined sensibilities and bright and sympathetic mind. She was a devoted wife, the object of her husband's first and strongest love, and the mother of his children. It is very pleasant to look at Mr. Webster in his home during t

Church, replied: "I support the Church of England because it is established. Establish your religion, and I'll support that." But if Mr. Webster took his religion and politics from his father in an unquestioning spirit, he accepted them in a mild form. He was a liberal Federalist because he had a wide mental vision, and by nature took broad views of everything. His father, on the other hand, was a rigid, intolerant Federalist of a thorough-going Puritan type. Being taken ill once in a town of Democratic proclivities, he begged to be carried home. "I was born a Federalist," he said, "I have lived a Federalist, and I won't die in a Democratic town." In the same way Ezekiel Webster's uncompromising Federalism shut him out from political preferment, and he would never mod

Federalists, although he attacked the administration, was violent in urging the protection of commerce, and was extremely savage in his remarks about France. At times the style is forcible, and even rich, but, as a rule, it is still strained and artificial. The oration begins eagerly with an appeal for the Constitution and the Republic, the ideas always uppermost in Mr. Webster's mind. As a whole, it shows a distinct improvement in form, but there are no marks of genius to raise it above the ordinary level of Fourth of July speeches. His next production was a little pamphlet, published in 1808, on the embargo, which was then paralyzing New England, and crushing out her prosperity. This essay is important because it is the first clear instance of that wonderful faculty which Mr. Webster had of seizing on the vital point of a subject,

nd that these great interests had been crippled and abused by the departure from Washington's policy. He developed, with great force, the principal and the most unanswerable argument of his party, that the navy had been neglected and decried because it was a Federalist scheme, when a navy was what we wanted above all things, and especially when we were drifting into a maritime conflict. He argued strongly in favor of a naval war, and measures of naval defence, instead of wasting our resources by an invasion of Canada. So far he went strictly with his party, merely invigorating

nor rebels out. If we are taxed to carry on this war we shall disregard certain distinguished examples and shall pay. If our personal services are required we shall yield them to the precise extent of our constitutional liability. At the same time the world may be assured that we know our rights and shall exe

es which Mr. Webster consistently followed during the first years of his public life. The address concluded by pointin

ralist views. It was addressed to the President, whom it treated with respectful severity. With much skill it turned Mr. Madison's own arguments against himself, and appealed to public opinion by its clear and convincing reasoning. In one point the memorial differed curiously from the oration of a month before. The latter pointed to the suffrage as the mode of redress; the former distinctly hinted at and almost threatened secession even while it deplored a dissolution of the Union as a possible result of the administra

ia, Ingersoll of Pennsylvania, Grundy of Tennessee, and McLean of Ohio, all conspicuous in the young nationalist war party. Macon and Eppes were representatives of the old Jeffersonian Republicans, while the Federalists were strong in the possession of such leaders as Pickering of Massachusetts, Pitkin of Connecticut, Grosvenor and Benson of New York, Hanson of Maryland, a

ent then that there was something wrong, and that either our government had been deceived, or had withheld the publication of the repealing decree until war was declared, so that England might not have a pretext for rescinding the obnoxious orders. Either horn of the dilemma, therefore, was disagreeable to the administration, and a disclosure could hardly fail to benefit the Federalists. Mr. Webster supported his resolutions with a terse and simple speech of explanation, so far as we can judge from the meagre abstract which has come down to us. The resolutions, however,

t he spoke oftener than before. He seems to have been reserving his strength and making sure of his ground. He defended the Federalists as the true friends of the navy, and he resisted with great power the extravagant attempt to extend martial law to all citizens suspected of treason. On January 14, 1814, he made a long and well reported speech against a bill to encourage enlistments. This is the first example of the eloquence which Mr. Webster afterwards carried to such high perfection. Some of his subsequent speeches far surpass this one, but they differ from it in degree, not in kind. He was now master of the style at which he aimed. The vehicle was perfected and his natural talent gave that vehicle abundance of thought to be conveyed. The whole speech is simple in form, direct and forcible. It has the elasticity and vigor of great strength, and glows with eloquence in some passages. Here, too, we see for the first

f private sorrow. Having performed this work of beneficence and mercy on your inland border, turn, and look with the eye of justice and compassion on your vast population along the coast. Unclench the iron grasp of your embargo. Take measures for that end before another sun sets.... Let it no longer be said that not one ship of force, built by your hands, yet floats upon the

task of advocating this measure devolved upon Mr. Calhoun, who sustained his cause more ingeniously than ingenuously. He frankly admitted that restriction was a failure as a war measure, but he defended the repeal on the grou

and are admirably put. He followed this up by a new argument of great force, showing the colonial spirit of the restrictive policy. He also dwelt with fresh vigor on the identification with France necessitated by the restrictive laws, a reproach which stung Mr. Calhoun and his followers more than anything else. He the

atural seems wise, and all that is violent appears great.... The Embargo Act, the Non-Importation Act, and all the crowd of additions and supplements, together with all their garniture of messages, reports, and resolutions, are tumbling undistinguished into one common grave. But yesterday this policy had a thousand friends an

ent in dealing with public affairs, and is a very good ex

defining his own position, which was that of the New England Federalists, who believed in free trade as an abstract principle, and considered protection only as an expedient of which they wanted as little as possibl

h. In other respects, these speeches presented simply the arguments and opinions of his party. They fell upon the ear of Congress and the country with a new and ringing sound because they were stated so finely and with such simplicity. Certainly one of them, and probably both, were delivered without any immediate preparation, but they really had the preparation of years, and were the utterance of thoughts which had been garnered up by long meditation. He wisely confined himself at this time to a subject which had been long before his mind, and upon which he had gathered all the essential points by observation and by a study of the multitude of speeches and essays with which the country had been deluged. These early speeches, like some of the best of his prime, although nominally unprepared, were poured forth from the overflowing resources which had been the fruit of months of reflection, and which had been stored up by an unyielding memory. They had really been in preparation ever since the embargo pamphlet of 1808, and that wa

ch led to the Hartford Convention, and he helped to keep New Hampshire out of that movement; but it is an entire mistake to represent him as an independent Federalist at this period. The days of Mr. Webster's independent politics came later, when the Federalists had ceased to exist as a party and when no new ties had been formed. In the winter of 1814 and 1815, although, like many of the moderate Federalists, he disapproved of the separatist movement in New England, on all other party questions he acted consistently with the straitest of the sect. Sensibly enough, he did not consider the con

ould protest against the war, its conduct, and its authors, by voting against the taxes. There is a nice question of political ethics here as to how far an opposition ought to go in time of national war and distress, but it is certainly impossible to give a more extreme expression to parliamentary opposition than to refuse the supplies at a most critical moment in a severe conflict. To this last extreme of party opposition to the administration, Mr. Webster went. It was as far as he could go

in Congress, but he did not share their intensity of feeling or their fierce hostility to individuals. The Federalists, for instance, as a rule had ceased to call upon Mr. Madison, but in such intolerance Mr. Webster declined to indulge. He was always on good terms with the President and with all the hostile leaders. His opposition was extreme in principle, but not in manner; it was vigorous and uncompromising, but also stately and dignified. It was part of hi

standing so close to the jury-box that he could have "laid his finger on the foreman's nose," as Mr. Webster said, chatted easily with each juryman, and won a succession of verdicts. But besides the daily debate, Mr. Webster spoke at length on several important o

e bank, and the party of a huge paper-money bank. The second of these parties, with which of course Mr. Webster acted, held the key of the situation. No bank could be established unless it was based on their principles. The first bill, proposing a paper-money bank, originated in the House, and was killed there by a strong majority, Mr. Webster making a long speech against it which has not been preserved. The next bill came from the Senate, and was also for a paper-money bank. Against this scheme Mr. Webster made a second elaborate speech, which is reprinted in his works. His genius for arranging and stating facts held its full strength in questions of finance, and he now established his reputation as a master in that difficult department of statesmanship. His recent studies of economical questions in late English works and in English history gave freshness to what he said, and in clear

the Federalists and the friends of the government, but it was the plan of the former which had prevailed. The President vetoed the bill for a variety of reasons, duly stated, but really, as Mr. Webster said, because a sound bank o

Europe to take again an active part. Mr. Pinkney, the most eminent practising lawyer in the country, recently Attorney-General and Minister to England, whom John Randolph, with characteristic insolence, "believed to be from Maryland," was there until his appointment to the Russian mission. Last, bu

fusing to receive any notes which were not paid in specie by the bank which issued them. Passing to the proposed national bank, he reiterated the able arguments which he had made in the previous Congress against the large capital, the power to suspend specie payments, and the stock feature of the bank, which he thought would lead to speculation and control by the state banks. This last point is the first instance of that financial foresight for which Mr. Webster was so remarkable, and which shows so plainly the soundness of his knowledge in regard to economical matters. A violent speculation in bank stock did ensue, and the first years of the new institution were troubled, disorderly, and anything but cred

gly put forward just after the principle they involved had been voted down, in a speech of singular power, clear, convincing, and full of information and illustration. He elaborated the ideas contained in his previous remarks on the currency, displaying with great force the evils of irredeemable paper, and the absolute necessity of a sound currency based on specie payments. He won a signal vict

age calculated to provoke them. Randolph, however, would have challenged anybody or anything, from Henry Clay to a field-mouse, if the fancy happened to strike him. Mr. Webster's reply is a model of dignity and veiled contempt. He refused to admit Randolph's right to an explanation, alluded to that gentleman's lack of courtesy in the House, denied his right to call him out, and wound up by saying that he did not feel bound to risk his life at any one's

and he also voted to pass the bill over Mr. Madison's veto. This was sound Hamiltonian Federalism, and in entire consonance with the national sentiments of Mr. Webster. On the constitution

ies in a suitable field came from his going to Washington. There, in the winter of 1813 and 1814, he was admitted to the bar of the Supreme Court of the United States, before which he tried two or three cases, and this opened the vista of a professional career, which he felt would give him verge and room enough, as well as fit remuneration. From this beginning the Supreme Court practice, which soon led to the removal to Boston, rapidly increased, until, in the last session of his term, it occupied most of his time. This withdrawal from the duties of Congress, however, was not due to a sacrifice of his time to his professional engagements, but to the depression caused by his first great grief, which must have rendered the noise and dust of debate most distasteful to him. Mr. and Mrs. Webster had arrived in Washington for this last session, in December, 1816, and were recalled to Boston by t

n Congress he had become a leader of his party, and had won a solid national reputation. In those years he had rendered conspicuous service to the business interests of the nation, and had established himself as one of the ablest statesmen of the country in matters of finance. He had defined his position on the tariff as a free-trader in theory and a very moderate protectionist when protection was unavoidable, a true representative of the doctrine of the New England Federalists. He had tak

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