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Daniel Webster

Chapter 6 THE TARIFF OF 1828 AND THE REPLY TO HAYNE.

Word Count: 12531    |    Released on: 30/11/2017

eem poor indeed. He had scarcely taken his seat when he was obliged to return to New York, where failing health had arrested Mrs. Webster's journey to the capital, and where, aft

st days his thoughts reverted to her, and as he followed her body to the grave, on foot in the wet and cold, and leading his children by the hand, it must indeed ha

nce more in his place in the Senate. Death had made a wound in his life which time healed but of which the scar remained. Whatever

ts and fears. Immediately Mr. Tazewell from Virginia broke out upon him in a speech of two hours. Mr. Webster then moved an adjournment, and on the next day delivered a most masterly speech in reply, expounding the whole operation of the intended act in the clearest manner, so that a recommitment was carried almost without an effort. It was a trium

in the month immediately following the death of his wife. We can see how his talents, excited by the conflicts of the Senat

he surviving officers of the Revolution seemed on the point of being lost. The object of the measure appealed to Mr. Webster's love for the past, to his

the ablest opponent in the country of the protective policy, and went over to the support of the tariff and the "American system" of Mr. Clay. This change, in every way of great importance, subjected Mr. Webster to severe criticism both then and subsequently. It is, therefore,

urged it on its own merits, without any reference to its being incident to revenue. The New England Federalists, on the other hand, coming from exclusively commercial communities, were in principle free-traders. They regarded with disfavor the doctrine that protection was a good thing in itself, and desired it, if at all, only in the most limited form and purely as an incident to raising revenue. With thes

g out of delusive expectations to those concerned in manufactures.... In respect to manufactures it is necessary to speak with some precision. I am not, generally speaking, their enemy. I am their friend; but I am not for rearing them or any other interest in hot-beds. I would no

tion of the country shall be greater in proportion to its extent, such establishm

ils of manufactures as an occupation in compari

they shall be obliged to shut their ears to the bleatings of their own flocks upon their own hills, and to the voice of the lark that cheers them at the plough, that they may open them in dust and smoke and steam to the perpetual whirl of spools and spindles, and the grating of rasps and saws. I have made these remarks, sir,

This, also, is the true spirit of the Constitution. It has not, in my opinion, conferred on the government the power of changing the occupations of the people of different States

trade and hostile to protection and even to manufactures in a marked degree. We see, also, that Mr. Webster, with his usual penetration and justice of perception, saw very clearly that

that it was hopeless to attempt to defeat the measure as a whole, but he devoted himself with almost complete s

erchants and agriculturists, held in Faneuil Hall in the summer of that year, to protest against the proposed tariff, and he spoke strongly in favor of the free trade r

rcising a power to control essentially the pursuits and occupations of individuals in their private concerns-a power to force great and sudden chan

n impossible piece of subtlety and refining, therefore, to argue that Mr. Webster always held consistently to his views as to the limitations of the revenue power as a source of protection, and that he put protection in 1828, and subse

clare that particular occupations should be pursued in society and that others should not. If such po

ident was turned into the principle and when protection and not revenue was the object of the duties. After arguing this point, he proceeded to discuss the general expediency of protection, holding it up as a thoroughly mistaken policy, a failure in England which that co

e domestic manufacture would be raised. The consumer, therefore, must pay more for it, and insomuch as government will have lost the duty on the imported article, a tax equal to that

ting capital in the hands of a few who obtained control of the corporations; of distributing capital less widely than commerce; of breeding up a dangerous and undesirable population; and of leading to the hurtful employment of women and children. The meeting, the resolutions, and the speech were all in the interests of commerce and free trade, and Mr. Webster's doctrines were on

n system," Mr. Webster opposed the policy in the fullest and most elaborate speech he had yet made on the subject. A disting

at the policy of protection is distinctively the American policy which can never be improved upon, and it indicates how thoroughly his judgment approv

otection, had brought revenue to the government and wealth to the country, and would be grievously injured by the proposed tariff. He made his principal objection to the protection policy on the ground of favoritism to some interests at the expense of others when all were entitled to equal consideration. Of England he said, "Because a thing has been wrongly done, it does not follow that it can be undone; and

of all commercial intercourse between nations. We are urged to adopt the system on general principles; ... I do not adm

l requisites in any policy, were endangered. He then with great power dealt with the various points summarized by Mr. Atkinson, and conc

of the startling change of position which it announced. Mr. Webster has been attacked and defended for his action at this time with great zeal, and all the constitutional and economic arguments for and against protection are continually brought forward in this connection. From the tone of the discussion, it is to be feared that many of those who are interested in the question have not taken the trouble to read what he said. The speech of 1828 is by no means equal in an

... When, at the commencement of the late war, duties were doubled, we were told that we should find a mitigation of the weight of taxation in the new aid and succor which would be thus afforded to our own manufacturing labor. Like arguments were urged, and prevailed, but not by the aid of New England votes, when the tariff was afterwards arranged at the close of the war in 1816. Finally, after a winter's deliberation, the act of 1824 received the sanction of both Houses of Congress and settled the policy of the country. What, then, was New England to do?... Was she to hold out forever against the course of the government, and see herself losing on one side and yet mak

England shifted from free trade to protection Mr. Webster followed it. His constituents were by no means unanimous in support of the tariff in 1828, but the majority favored it, and Mr. Webster went with the majority. At a public dinner given to him in Boston at the close of the session, he e

purely a business question to be decided according to circumstances, his course, in view of the policy adopted by the government, was at bottom perfectly consistent. As to the want of deep conviction, Mr. Webster's vote on this question proves nothing. He believed in free trade as an abstract general principle, and there is no reason to suppose that he ever abandoned his belief on this point. But he had too clear a mind ever to be run away with by the extreme vagaries of the Manchester school. He knew that there was no morality,

said, in substance, You have chosen to make protection necessary to New England, and therefore I am now forced to vote for it. This was the position which he continued to hold to the end of his life. As he was called upon, year after year, to defend protection, and as New England became more and more wedded to the tariff, he elaborated his arguments on many points, but the essence of all he said afterwards is to be found in the speech of 1828. On the constitutional point he was obliged to make a more violent change. He held, of course, to his opinion that, under the revenue power, protection could be incidental only, because from that doctrine there was no escape. But he dropped the condemnation expressed in 1814 and the doubts uttered in 1820 as to the theory that it was within the direct power of Congress to enact a protective tariff, and assumed that they had this right as one of the general power

ut forth the famous "exposition and protest" which emanated from Mr. Calhoun, and embodied in the fullest and strongest terms the principles of "nullification." These movements were viewed with regret and with some alarm throughout the country, but they were rather lost sight of in the intense excitement of the presidential election. The accession of Jackson then came to absorb the public attention, and brought with it the sweeping removals from office which Mr. Webster strongly denounced. At the same time he was not led into the parti

ldom referred to and but little read. Yet it is one of the most effective retorts, one of the strongest pieces of destructive criticism, ever uttered in the Senate, although its purpose was simply to repel the charge of hostility to the West on the part of New England. The accusation was in fact absurd, and but few years had elapsed since Mr. Webster and New England had been assailed by Mr. McDuffie for desiring to build up the West at the expense of the South by the policy of internal improvements. It was not difficult, therefore, to show the groundlessness of this new attack, but Mr. Webster did it with consummate art and great force, shattering Hayne's elaborate argument to pieces and treading it under foot. Mr. Webster only alluded incidentally to the tariff agitation in South Carolina, but the crushing nature of the reply inflamed and mortified Mr. Hayne, who, on the following day

s zenith intellectually, politically, and as an orator. His fame grew and extended in the years which followed, he won ample distinction in other fi

ision is against the validity of the law it cannot be executed within the limits of the dissenting State. The vigorous sarcasm with which Mr. Webster depicted practical nullification, and showed that it was nothing more or less than revolution when actually carried out, was really the conclusive answer to the nullifying doctrine. But Mr. Calhoun and his school eagerly denied that nullification rested on the right to revolt against oppression. They argued that it was a constitutional right; that they could live within the Constitution and beyond it,-inside the house and outside it at one and the same time. They contended that, the Constitution being a compact between the States, the Federal government was the creation of the States; yet, in the same breath, they declared that the general government was a pa

s. When the Constitution was adopted by the votes of States at Philadelphia, and accepted by the votes of States in popular conventions, it is safe to say that there was not a man in the country from Washington and Hamilton on the one side, to George Clinton and George Mason on the other, who regarded the new system as anything but an experiment entered upon by the States and from which each and every State had the right peaceably to withdraw, a right which was very likely to be exercised. When the Virginia and Kentucky resolutions a

ears later; of the resistance of New England during the war of 1812, and of the right of "interposition" set forth by the Hartford Convention. In all these instances no one troubled himself about the constituti

ell of New Hampshire to Mr. Webster, on the morning of January 26, "and it is time, it is high time that the people of this country should know what this Constitution is." "Then," answered Mr. Webster, "by the blessing of heaven they shall learn, this day, before the sun goes down, what I understand it to be." With these words on his lips he entered the senate chamber, and when he replied to Hayne he stated what the Union and the government had come to be at that moment. He defined the character of the Union as it existed in 1830, and that definition so magnificently stated, and with such grand eloquence, went home to the hearts of the people, and put into noble words the sentiment which they felt but had not expressed. This was the significance of the reply to Hayne. It mattered not what men thought of the Constitution in 1789. The government which was then established might have degenerated into a confederation little stronger than its predecessor. But the Constitution did its work better, and converted a confederacy into a nation. Mr. Webster set forth the national conception of the Union. He expressed what many men were vaguely thinking and believing, and the principles which he made clear and definite went on broadening and deepening until, thirty years afterwards, they had a force sufficient to sustain the N

ouches his highest point, when he does his best, or even, under a sudden inspiration and excitement, something better than his best, and to which he can never again attain. At the moment it is often impossible to detect this point, but when the man and his career have passed into history, a

and had given time for the arrival of hundreds of interested spectators from all parts of the Union, and especially from New England. The fierce attacks of the Southern leaders had angered and alarmed the people of the North. They longed with an intense longing to have these assaults met and repelled, and yet they could not believe that this apparently desperate feat could be successfully accomplished. Men of the North and of New England

and ascertain how far the elements have driven him from his true course. Let us imitate this prudence; and, before we float farther on the waves of this debate, refer to the point from which we departed, that we may, at least, be able to conjecture where we now are. I ask for the reading of the resolution before the Senate." This opening sentence was a piece of consummate art. The simple and appropriate image, the low voice, the calm manner, relieved the strained excitement of the audience, which might have ended by disconcerting the speaker if it had been maintained. Every one was now at his ease; and when the monotonous reading of the resolution ceased Mr. Webster was master of the situation, and had his listeners in complete control. With breathless attention they followed him as he proceeded. The strong masculine sentences,

display; and yet, while the attention was closely held by the even flow of lucid reasoning, the emotions and passions were from time to time deeply aroused and strongly excited. In many passages of direct retort Mr. Webster used an irony which he employed always in a perfectly characteristic way. He had a strong natural sense of humor, but he never made fun or descended to trivial efforts to excite laughter against his opponent. He was not a witty man or a maker of epigrams. But he was a master in the use of a cold, dignified sarcasm, which at times, and in this instance particularly, he used freely and mercilessly. Beneath the measured sentences there is a lurking smile which saves them from being merely savage and cutting attacks, and yet brings home a keen sense of the absurdity of

, and modern oratory has gone still farther in the same direction, until its predominant quality has become that of making sustained appeals to the understanding. Logical vigilance and long chains of reasoning, avoided by the ancients, are the essentials of our modern oratory. Many able men have achieved success under these conditions as forcible and convincing speakers. But the grand eloquence of modern times is distinguished by the bursts of feeling, of imagery or of invective, joined with convinc

varied appeals to feeling, memory, and interest, which Lord Brougham sets down as characteristic of ancient oratory. It has been said that while Demosthenes was a sculptor, Burke was a painter. Mr. Webster was distinctly more of the former than the latter. He rarely amplified or developed an image or a description, and in this he followed the Greek rather than the Englishman. Dr. Francis Lieber wrote: "To test Webster's oratory, which has ever been very attractive to me, I read a portion of my favorite speeches of Demosthenes, and then read, always aloud,

ich made him so devoted to simplicity of diction, and partly to the cast of his mind. He h

the forms of t

ed by Shakespeare. For this reason, Mr. Webster rarely indulged in long, descriptive passages, and, while he showed the highest power in treating anything with a touch of humanity about it, he was sparing of images drawn wholly from nature, and was not peculiarly successful in depicting in words natural scenery or phenomena. The result

rary, they are smooth and flowing, and there is always a sufficient variety of form. The choice of language is likewise simple. Mr. Webster was a remorseless critic of his own style, and he had an almost extreme preference for Anglo-Saxon words and a corresponding dislike of Latin derivatives. The only exception he made was in

urse, due to the variety and ease of treatment, to their power, and to the purity of the style. At the same time, the immediate effect of what he said was immense, greater, even, than the intrinsic merit of the speech itself. There has been much discussion as to the amount of preparation which Mr. Webster made. His occasional orations were, of course, carefully written out beforehand, a practice which was entirely proper; but in his great parliamentary speeches, and often in legal arguments as well, he made but slight preparation in the ordinary sense of the term. The notes for the two speeches on Foote's resolution were jotted down on a few sheets of note-paper. The delivery of the second one, his masterpiece, was practically extemporaneous, and yet it fills seventy octavo pages and occupied four hours. He

o hundred pounds. These are the proportions of a large man, but there is nothing remarkable about them. We must look elsewhere than to mere size to discover why men spoke of Webster as a giant. He had a swarthy complexion and straight black hair. His head was very large, the brain weighing, as is well known, more than any on record, except those of Cuvier and of the celebrated bricklayer. At the same time his head was of noble shape, with a broad and lofty brow, and his features were finely cut and full of massive strength. His eyes were extraordinary. They were very dark and deep-set, and, when he began to rouse himself to action, shone with the deep light of a forge-fire, getting ever more glowing as excitement rose. His voice was in harmony with his app

er. He never, for instance, punished his children, but when they did wrong he would send for them and look at them silently. The look, whether of anger or sorrow, was punishment and rebuke enough. It was the same with other children. The little daughter of Mr. Wirt once came into a room where Mr. Webster was sitting with his back toward her, and touched

es as in the case of Mr. Webster. His general appearance and his eyes are the first and last things alluded to in every contemporary description. Every one is familiar with the story of the English navvy who pointe

back him at first sight against all the extant world. The tanned complexion; that amorphous crag-like face; the dull black eyes under the precipice of brows, like dull anthracite furnaces needing only to be blown; the mastiff mouth accurately closed; I have not traced so much of silent Be

e crowd gathered to hear Mr. Webster, and this bitter opponent is reported to have said afterwards, "When Webster, speaking of secession, asked 'what is to become of me,' I was thrilled with a sense of some awful impending calamity." The story may be apocryphal, but there can be no doubt of its essential truth so far as the effect of Mr. Webster's personal presence goes. People looked at him, and that was enough.

imself. Even to the last the mighty power was still there in undiminished strength, but it was not willingly put forth. Sometimes the outside impulse would not come; sometimes the most trivial incident would suffice, and like a spark on the train of gunpowder would bring a sudden burst of eloquence, electrifying all who listened. On one occasion he was arguing a case to the jury. He was talking in his heaviest and most ponderous fashion, and with half-closed eyes. The court and the jurymen were nearly asleep as Mr. Webster argued on, stating the law quite wrongly to his nodding listeners. The counsel on the other side interrupted him and called the attention of the court to Mr. Webster's presentation of the law. The judge, thus awakened, explained to the jury that the law was not as Mr. Webster stated it. While this colloquy was in progress Mr. Webster roused up, pushe

membrance of a horrid crime, must be placed among the very finest masterpieces of modern oratory. The description of the feelings of the murderer has a touch of the creative power, but, taken in conjunction with the wonderful picture of the deed itself, the whole exhibits the highest imaginative excellence, and displays the possession of an extraordinary dramatic force such as Mr. Webster rarely exerted. It has the same power of exciting a kind of horror and of making us shudder with a creeping, nameless terror as the scene after the murder of Duncan, when Macbeth rushes out from the chamber of death, crying, "I have done the deed. Didst thou not hear a noise?" I have studied this famous exordium with extreme care, and I have sought diligently in the works of all the great modern orators, and of some of the ancient as well, for similar passages of higher merit. My quest has been in vain. Mr. Webster's description of the White murder, and of the ghastly haunting sense of guilt which pursued the assassin, has never been surpassed in dramatic force by any speaker, whether in debate or before a jury. Perhaps the most celebrated descriptive passage in the literature of modern eloquence is the picture drawn by Burke of the descent of Hyder Ali upon the plains of the Carnatic, but even that certainly falls short of the opening of Webster's speech in simple force as well as in dramatic power. Burke depicted with all the ardor of his nature and with a wealth of color

s true of Hamilton, who, moreover, never had an opportunity adequate to his talents, which were unquestionably of the first order. Fisher Ames's reputation was due to a single speech which is distinctly inferior to many of Webster's. Clay's oratory has not stood the test of time; his speeches, which were so wonderfully effective when he uttered them, seem dead and cold and rather thin as we read them to-day. Calhoun was a great

fastidious judges would now pronounce tawdry. Webster's best speeches read much better than anything of Sheridan, and, so far as we can tell from careful descriptions, his manner, look, and delivery were far more imposing. The "manly eloquence" of Fox seems to have resembled Webster's more closely than that of any other of his English rivals. Fox was more fertile, more brilliant, more surprising than Webster, and had more quickness and dash, and a greater ease and charm of manner. But he was often careless, and sometimes fell into repetitions, from which, of course, no great speaker can be wholly free any more than he can keep entirely cl

his hearers, stil

vincing while they

riods, and his strength was never wasted in long and elaborate sentences. Webster, moreover, would never have degenerated into the ranting excitement which led Burke to draw a knife from his bosom and cast it on the floor of the House. This illustrates what was, perhaps, Mr. Webster's very strongest point,-his absolute good taste. He may have been ponderous at times in his later years. We know that he was occ

the subject is possible here. A most excellent study of the comparative excellence of Webster's eloquence has been made by Judge Chamberl

hus equipped, he delivered a long series of great speeches which can be read to-day with the deepest interest, instruction, and pleasure. He had dignity, grandeur, and force, a strong historic imagination, and great dramatic power when he chose to exert it. He possessed an unerring taste, a capacity for vigorous and telling sarcasm, a glow and fire none the less intense be

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