The Works of Daniel Webster, Volume 1

“It may appear somewhat singular that the greatest orator of modern times should have evinced in his boyhood the strongest antipathy to public declamation. This fact, however, is established by his own words, which have recently appeared in print. ‘I believe,’ says Mr. Webster, ‘I made tolerable progress in most branches which I attended to while in this school; but there was one thing I could not do. I could not make a declamation. I could not speak before the school. The xxiv kind and excellent Buckminster sought especially to persuade me to perform the exercise of declamation, like other boys, but I could not do it. Many a piece did I commit to memory, and recite and rehearse in my own room, over and over again; yet when the day came, when the school collected to hear declamations, when my name was called, and I saw all eyes turned to my seat, I could not raise myself from it. Sometimes the instructors frowned, sometimes they smiled. Mr. Buckminster always pressed and entreated, most winningly, that I would venture. But I never could command sufficient resolution.’ Such diffidence of its own powers may be natural to genius, nervously fearful of being unable to reach that ideal which it proposes as the only full consummation of its wishes. It is fortunate, however, for the age, fortunate for all ages, that Mr. Webster by determined will and frequent trial overcame this moral incapacity, as his great prototype, the Grecian orator, subdued his physical defect.”—pp. 12, 13.

The effect produced, even at that early period of Mr. Webster’s life, on the mind of a close observer of his mental powers, is strikingly illustrated by the following anecdote. Mr. Nicholas Emery, afterwards a distinguished lawyer and judge, and now living in Portland, was temporarily employed, at that time, as an usher in the Academy. On entering the Academy, Mr. Webster was placed in the lowest class, which consisted of half a dozen boys, of no remarkable brightness of intellect. Mr. Emery was the instructor of this class, among others. At the end of a month, after morning recitations, “Webster,” said Mr. Emery, “you will pass into the other room and join a higher class”; and added, “Boys, you will take your final leave of Webster, you will never see him again.”

After a few months well spent at Exeter, Mr. Webster returned home, and in February, 1797, was placed by his father under the Rev. Samuel Wood, the minister of the neighboring town of Boscawen. He lived in Mr. Wood’s family, and for board and instruction the entire charge was one dollar per week.

On their way to Mr. Wood’s, Mr. Webster’s father first opened to his son, now fifteen years old, the design of sending him to college, the thought of which had never before entered his mind. The advantages of a college education were a privilege to which he had never aspired in his most ambitious dreams. “I remember,” says Mr. Webster, in an autobiographical memorandum of his boyhood, “the very hill which we xxv were ascending, through deep snows, in a New England sleigh, when my father made known this purpose to me. I could not speak. How could he, I thought, with so large a family and in such narrow circumstances, think of incurring so great an expense for me. A warm glow ran all over me, and I laid my head on my father’s shoulder and wept.”

In truth, a college education was a far different affair fifty years ago from what it has since become, by the multiplication of collegiate institutions, and the establishment of public funds in aid of those who need assistance. It constituted a person at once a member of an intellectual aristocracy. In many cases it really conferred qualifications, and in all was supposed to do so, without which professional and public life could not be entered upon with any hope of success. In New England, at that time, it was not a common occurrence that any one attained a respectable position in either of the professions without this advantage. In selecting the member of the family who should enjoy this privilege, the choice not unfrequently fell upon the son whose slender frame and early indications of disease unfitted him for the laborious life of our New England yeomanry.

From February till August, 1797, Mr. Webster remained under the instruction of Mr. Wood, at Boscawen, and completed his preparation for college. It is hardly necessary to say, that the preparation was imperfect. There is probably no period in the history of the country at which the standard of classical literature stood lower than it did at the close of the last century. The knowledge of Greek and Latin brought by our forefathers from England had almost run out in the lapse of nearly two centuries, and the signal revival which has taken place within the last thirty years had not yet begun. Still, however, when we hear of a youth of fifteen preparing himself for college by a year’s study of Greek and Latin, we must recollect that the attainments which may be made in that time by a young man of distinguished talent, at the period of life when the faculties develop themselves with the greatest energy, studying night and day, summer and winter, under the master influence of hope, ambition, and necessity, are not to be measured by the tardy progress of the thoughtless or languid children of prosperity, sent to school from the time they are able to go alone, and carried along by routine and discipline from year to xxvi year, in the majority of cases without strong personal motives to diligence. Besides this, it is to be considered that the studies which occupy this usually prolonged novitiate are those which are required for the acquisition of grammatical and metrical niceties, the elegancies and the luxuries of scholarship. Short as was his period of preparation, it enabled Mr. Webster to lay the foundation of a knowledge of the classical writers, especially the Latin, which was greatly increased in college, and which has been kept up by constant recurrence to the great models of antiquity, during the busiest periods of active life. The happiness of Mr. Webster’s occasional citations from the Latin classics is a striking feature of his oratory.

Mr. Webster entered college in 1797, and passed the four academic years in assiduous study. He was not only distinguished for his attention to the prescribed studies, but devoted himself to general reading, especially to English history and literature. He took part in the publication of a little weekly newspaper, furnishing selections from books and magazines, with an occasional article from his own pen. He delivered addresses, also, before the college societies, some of which were published. The winter vacations brought no relaxation. Like those of so many of the meritorious students at our places of education, they were employed in teaching school, for the purpose of eking out his own frugal means and aiding his brother to prepare himself for college. The attachment between the two brothers was of the most affectionate kind, and it was by the persuasion of Daniel that the father had been induced to extend to Ezekiel also the benefits of a college education.

The genial and companionable spirit of Mr. Webster is still remembered by his classmates, and by the close of his first college year he had given proof of powers and aspirations which placed him far above rivalry among his associates. “It is known,” says Mr. Ticknor, “in many ways, that, by those who were acquainted with him at this period of life, he was already regarded as a marked man, and that to the more sagacious of them the honors of his subsequent career have not been unexpected.”

Mr. Webster completed his college course in August, 1801, and immediately entered the office of Mr. Thompson, the next-door neighbor of his father, as a student of law. Mr. Thompson xxvii was a gentleman of education and intelligence, and, at a later period, a respectable member, successively, of the House of Representatives and Senate of the United States. He maintained a high character till his death. Mr. Webster remained in his office as a student till, in the words of Mr. March, “he felt it necessary to go somewhere and do something to earn a little money.” In this emergency, application was made to him to take charge of an academy at Fryeburg in Maine, upon a salary of about one dollar per diem, being what is now paid for the coarsest kind of unskilled manual labor. As he was able, besides, to earn enough to pay for his board and to defray his other expenses by acting as assistant to the register of deeds for the county, his salary was all saved,—a fund for his own professional education and to help his brother through college.

Mr. Webster’s son and one of his friends have lately visited Fryeburg and examined these records of deeds. They are still preserved in two huge folio volumes, in Mr. Webster’s handwriting, exciting wonder how so much work could be done in the evening, after days of close confinement to the business of the school. They looked also at the records of the trustees of the academy and found in them a most respectful and affectionate vote of thanks and good-will to Mr. Webster when he took leave of the employment.3

These humble details need no apology. They relate to trials, hardships, and efforts which constitute no small part of the discipline by which a great character is formed. During his residence at Fryeburg, Mr. Webster borrowed (he was too poor to buy) Blackstone’s Commentaries, and read them for the first time. “Among other mental exercises,” says Mr. March, “he committed to memory Mr. Ames’s celebrated speech on the British treaty.” In after life he has been heard to say, that few things moved him more than the perusal and reperusal of this celebrated speech.

In September, 1802, Mr. Webster returned to Salisbury, and resumed his studies under Mr. Thompson, in whose office he xxviii remained for eighteen months. Mr. Thompson, though, as we have said, a person of excellent character and a good lawyer, yet seems not to have kept pace in his profession with the progress of improvement. Although Blackstone’s Commentaries had been known in this country for a full generation, Mr. Thompson still directed the reading of his pupils on the principle of the hardest book first. Coke’s Littleton was still the work with which his students were broken into the study of the profession. Mr. Webster has condemned this practice. “A boy of twenty,” says he, “with no previous knowledge of such subjects, cannot understand Coke. It is folly to set him upon such an author. There are propositions in Coke so abstract, and distinctions so nice, and doctrines embracing so many distinctions and qualifications, that it requires an effort not only of a mature mind, but of a mind both strong and mature, to understand him. Why disgust and discourage a young man by telling him he must break into his profession through such a wall as this?” Acting upon these views, even in his youth, Mr. Webster gave his attention to more intelligible authors, and to titles of law of greater importance in this country than the curious learning of tenures, many of which are antiquated, even in England. He also gave a good deal of time to general reading, and especially the study of the Latin classics, English history, and the volumes of Shakespeare. In order to obtain a wider compass of knowledge, and to learn something of the language not to be gained from the classics, he read through attentively Puffendorff’s Latin History of England.

In July, 1804, he took up his residence in Boston. Before entering upon the practice of his profession, he enjoyed the advantage of pursuing his legal studies for six or eight months in the office of the Hon. Christopher Gore. This was a fortunate event for Mr. Webster. Mr. Gore, afterwards Governor of Massachusetts, was a lawyer of eminence, a statesman and a civilian, a gentleman of the old school of manners, and a rare example of distinguished intellectual qualities, united with practical good sense and judgment. He had passed several years in England as a commissioner, under Jay’s treaty, for liquidating the claims of citizens of the United States for seizures by British cruisers in the early wars of the French Revolution. xxix His library, amply furnished with works of professional and general literature, his large experience of men and things at home and abroad, and his uncommon amenity of temper, combined to make the period passed by Mr. Webster in his office one of the pleasantest in his life. These advantages, it hardly need be said, were not thrown away. He diligently attended the sessions of the courts and reported their decisions. He read with care the leading elementary works of the common and municipal law, with the best authors on the law of nations, some of them for a second and third time; diversifying these professional studies with a great amount and variety of general reading. His chief study, however, was the common law, and more especially that part of it which relates to the now unfashionable science of special pleading. He regarded this, not only as a most refined and ingenious, but a highly instructive and useful branch of the law. Besides mastering all that could be derived from more obvious sources, he waded through Saunders’s Reports in the original edition, and abstracted and translated into English from the Latin and Norman French all the pleadings contained in the two folio volumes. This manuscript still remains.

Just as he was about to be admitted to practise in the Suffolk Court of Common Pleas in Massachusetts, an incident occurred which came near affecting his career for life. The place of clerk in the Court of Common Pleas for the county of Hillsborough, in New Hampshire, became vacant. Of this court Mr. Webster’s father had been made one of the judges, in conformity with a very common practice at that time, of placing on the side bench of the lower courts men of intelligence and respectability, though not lawyers. From regard to Judge Webster, the vacant clerkship was offered by his colleagues to his son. It was what the father had for some time looked forward to and desired. The fees of the office were about fifteen hundred dollars per annum, which in those days and in that region was not so much a competence as a fortune. Mr. Webster himself was disposed to accept the office. It promised an immediate provision in lieu of a distant and doubtful prospect. It enabled him at once to bring comfort into his father’s family, while to refuse it was to condemn himself and them to an uncertain and probably harassing future. He was willing to sacrifice xxx his hopes of professional eminence to the welfare of those whom he held most dear. But the earnest dissuasions of Mr. Gore, who saw in this step the certain postponement, perhaps the final defeat, of all hopes of professional advancement, prevented his accepting the office. His aged father was, in a personal interview with his son, if not reconciled to the refusal, at least induced to bury his regrets in his own bosom. The subject was never mentioned by him again. In the spring of the same year (1805), Mr. Webster was admitted to the practice of the law in the Court of Common Pleas for Suffolk county, Boston. According to the custom of that day, Mr. Gore accompanied the motion for his admission with a brief speech in recommendation of the candidate. The remarks of Mr. Gore on this occasion are well remembered by those present. He dwelt with emphasis on the remarkable attainments and uncommon promise of his pupil, and closed with a prediction of his future eminence.

Immediately on his admission to the bar, Mr. Webster went to Amherst, in New Hampshire, where his father’s court was in session; from that place he went home with his father. He had intended to establish himself at Portsmouth, which, as the largest town and the seat of the foreign commerce of the State, opened the widest field for practice. But filial duty kept him nearer home. His father was now infirm from the advance of years, and had no other son at home. Under these circumstances Mr. Webster opened an office at Boscawen, not far from his father’s residence, and commenced the practice of the law in this retired spot. Judge Webster lived but a year after his son’s entrance upon the practice of his profession; long enough, however, to hear his first argument in court, and to be gratified with the confident predictions of his future success.

In May, 1807, Mr. Webster was admitted as an attorney and counsellor of the Superior Court in New Hampshire, and in September of that year, relinquishing his office in Boscawen to his brother Ezekiel, he removed to Portsmouth, in conformity with his original intention. Here he remained in the practice of his profession for nine successive years. They were years of assiduous labor, and of unremitted devotion to the study and practice of the law. He was associated with several persons xxxi of great eminence, citizens of New Hampshire or of Massachusetts occasionally practising at the Portsmouth bar. Among the latter were Samuel Dexter and Joseph Story; of the residents of New Hampshire, Jeremiah Mason was the most distinguished. Often opposed to each other as lawyers, a strong personal friendship grew up between them, which ended only with the death of Mr. Mason. Mr. Webster’s eulogy on Mr. Mason will be found in one of the volumes of this collection, and will descend to posterity an enduring monument of both. Had a more active temperament led Mr. Mason to embark earlier and continue longer in public life, he would have achieved a distinction shared by few of his contemporaries. Mr. Webster, in the lapse of time, was called to perform the same melancholy office for Judge Story.

During the greater part of Mr. Webster’s practice of the law in New Hampshire, Jeremiah Smith was Chief Justice of the State, a learned and excellent judge, whose biography has been written by the Rev. John H. Morison, and will well repay perusal. Judge Smith was an early and warm friend of Judge Webster, and this friendship descended to the son, and glowed in his breast with fervor till he went to his grave.

Although dividing with Mr. Mason the best of the business of Portsmouth, and indeed of all the eastern portion of the State, Mr. Webster’s practice was mostly on the circuit. He followed the Superior Court through the principal counties of the State, and was retained in nearly every important cause. It is mentioned by Mr. March, as a somewhat singular fact in his professional life, that, with the exception of the occasions on which he has been associated with the Attorney-General of the United States for the time being, he has hardly appeared ten times as junior counsel. Within the sphere in which he was placed, he may be said to have risen at once to the head of his profession; not, however, like Erskine and some other celebrated British lawyers, by one and the same bound, at once to fame and fortune. The American bar holds forth no such golden prizes, certainly not in the smaller States. Mr. Webster’s practice in New Hampshire, though probably as good as that of any of his contemporaries, was never lucrative. Clients were not very rich, nor the concerns litigated such as would carry heavy fees. Although xxxii exclusively devoted to his profession, it afforded him no more than a bare livelihood.

But the time for which he practised at the New Hampshire bar was probably not lost with reference to his future professional and political eminence. His own standard of legal attainment was high. He was associated with professional brethren fully competent to put his powers to their best proof, and to prevent him from settling down in early life into an easy routine of ordinary professional practice. It was no disadvantage, under these circumstances, (except in reference to immediate pecuniary benefit,) to enjoy some portion of that leisure for general reading, which is almost wholly denied to the lawyer of commanding talents, who steps immediately into full practice in a large city.