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The Works of Daniel Webster, Volume 1
The Works of Daniel Webster, Volume 1
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The Works of Daniel Webster, Volume 1

Before quite quitting this subject, it may be proper to allude to Mr. Webster’s professional labors of another class, in the ordinary State tribunals. Employed as counsel in all the most important cases during a long professional life, it is hardly necessary to say, that his investigations have extended to every department of the law, and that his speeches to the jury and arguments to the court have evinced a mastery of the learning lviii and a control of the logic belonging to it, which are in most cases to be attained only by the exclusive study and practice of a life. The jurist and the advocate are so mingled in Mr. Webster’s professional character, that it is not easy to say which predominates. His fervid spirit and glowing imagination place at his control all the resources of an overwhelming rhetoric, and make him all-powerful with a jury; while the ablest court is guided by his severe logic, and instructed by the choice which he lays before them of the most appropriate learning of the cases which he argues. It happens, unfortunately, that forensic efforts of this kind are rarely reported at length. A brief sketch of an important law argument finds a place in the history of the case, but distinguished counsel rarely have time or bestow the labor required to reproduce in writing an elaborate address either to court or jury. There is probably no species of intellectual labor of the highest order, which perishes for want of a contemporary record to the same extent as that which is daily exerted in the courts of law.

The present collection contains two speeches addressed to the jury by Mr. Webster in criminal trials. One was delivered in the case of Goodridge, and in defence of the persons whom he accused of having robbed him on the highway. This cause was tried in 1817, shortly after the establishment of Mr. Webster at Boston. Rarely has a case, in itself of no greater importance, produced a stronger impression of the ability of the counsel. The cross-examination of Goodridge, who pretended to have been robbed, and who had previously been considered a person of some degree of respectability, is still remembered at the bar of Massachusetts as terrific beyond example, and the speech to the jury in which his artfully contrived tale was stripped of its disguises may be studied as a model of this species of exposition.

Mr. Webster’s speech to the jury in the memorable case of John F. Knapp is of a higher interest. The great importance of this case, as well on account of the legal principles involved, as of the depth of the tragedy in real life with which it was connected, has given it a painful celebrity. A detailed history of the case and of the trial, from the pen of the late ingenious and learned Mr. Merrill, will be found prefixed to Mr. Webster’s speech, as contained in the fifth volume of this collection. The lix record of the causes célèbres of no country or age will furnish either a more thrilling narrative, or a forensic effort of greater ability. A passage on the power of conscience will arrest the attention of the reader. There is nothing in the language superior to it. It was unquestionably owing to the legal skill and moral courage with which the case was conducted by Mr. Webster, that one of the foulest crimes ever committed was brought to condign punishment; and the nicest refinements of the law of evidence were made the means of working out the most important practical results. But it is time to return to the chronological series of events.

CHAPTER IV

The Convention to revise the Constitution of Massachusetts.—John Adams a Delegate.—Mr. Webster’s Share in its Proceedings.—Speeches on Oaths of Office, Basis of Senatorial Representation, and Independence of the Judiciary.—Centennial Anniversary at Plymouth on the 22d of December, 1820.—Discourse delivered by Mr. Webster.—Bunker Hill Monument, and Address by Mr. Webster on the Laying of the Corner-Stone, 17th of June, 1825.—Discourse on the Completion of the Monument, 17th of June, 1843.—Simultaneous Decease of Adams and Jefferson on the 4th of July, 1826.—Eulogy by Mr. Webster in Faneuil Hall.—Address at the Laying of the Corner-Stone of the New Wing of the Capitol.—Remarks on the Patriotic Discourses of Mr. Webster, and on the Character of his Eloquence in Efforts of this Class.

In 1820, on the separation of Maine, a convention became necessary in Massachusetts to readjust the Senate; and the occasion was deemed a favorable one for a general revision of the constitution. The various towns in the Commonwealth were authorized by law to choose as many delegates as they were entitled to elect members to the House of Representatives; and a body was constituted containing much of the talent, political experience, and weight of character of the State. Mr. Webster was chosen one of the delegates from Boston; and, with the exception of a few days’ service, two or three years afterwards, in the Massachusetts House of Representatives;9 this is the only occasion on which he ever filled any political office under the State government either of Massachusetts or New Hampshire.

The venerable John Adams, second President of the United States, was a delegate to this convention from Quincy. He was the author of the original draft of the State constitution in 1780, and although his advanced age (he was now eighty-six lxi years old) made it impossible for him to take an active part in the proceedings of the convention, he received the honor of a unanimous election as president. He declined the appointment; and Chief Justice Parker was chosen in his place.

The convention of 1820 was no doubt as respectable a political body as ever assembled in Massachusetts; and it is no more than justice to Mr. Webster to say, that, although he had been but a few years a citizen of the Commonwealth, and was personally a stranger to most of his associates, he was among the most efficient members of the body. He was named chairman of the committee to whom the important subject of oaths and qualifications for office was referred, and of the special committee on that chapter of the constitution which relates to the “University at Cambridge.” Besides taking a leading part in the discussion of most of the important subjects which were agitated in the convention, he was the authority most deferred to on questions of order, and in that way exercised a steady and powerful influence over the general course of its proceedings. It is believed that on this occasion the practice of considering business in committee of the whole body was for the first time adopted in Massachusetts; that mode of procedure never having obtained in the legislature of the State. The dignified and efficient manner in which the duties of the chair were performed by Mr. Webster, whenever he was called to occupy it, was matter of general remark. It has often been a subject of regret with those who witnessed the uncommon aptitude evinced by him on these, as on similar occasions at Washington, for the discharge of the duties of presiding officer of a deliberative assembly, that he was never, during his Congressional career, called to the important office of Speaker of the House of Representatives. Considering the relation of the House to the political condition of the country, there is no position under the government which bears more directly upon the general character of the public counsels. The place has occasionally, both in former times and recently, been filled with great ability; but it has more frequently happened that speakers have been chosen from considerations of political expediency, and without regard to personal qualifications and fitness for the office. The effect lxii has been highly prejudicial to the tone of the House, and its consequent estimation in the country. It has frequently happened that the decisions of the Speaker, as such, have commanded no respect. An appeal has been taken from them almost as a matter of course. The state of things is very different in the body most nearly resembling the houses of Congress. Such a thing as an appeal from the decision of the Speaker on a point of order is hardly known in the British House of Commons, and the disposition of all parties to acquiesce in, if not to support, the decisions of the chair, is one of the characteristic features of that assembly.

The proceedings of the Massachusetts convention were ably reported, from day to day, in the Boston Daily Advertiser; but a contemporary report usually implies much abridgment of the speeches. Much that was said by Mr. Webster, as by other prominent speakers, appeared but in a condensed form; and it is believed, that, even when reported at greatest length and with most care, it was without the advantage of personal revision by the speakers. The third volume of the present collection contains Mr. Webster’s remarks on those provisions of the constitution which related to oaths of office and formed a kind of religious test, which Mr. Webster was disposed to abolish; a speech upon the basis of senatorial representation; and another upon the independence of the judiciary.

In the speech on the basis of the Senate, Mr. Webster defended the principle, which was incorporated into the original constitution, and is recognized by the liberal writers of greatest authority on government, that due regard should be had to property in establishing a basis of representation. He showed the connection between the security of republican liberty and this principle. He first called attention in this country to the fact, that this important principle was originally developed in Harrington’s Oceana, a work much studied by our Revolutionary fathers. The practical consequence which Mr. Webster deduced from the principle was, that constitutional and legal provision ought to be made to produce the utmost possible diffusion and equality of property.

It is a melancholy instance of the injustice of party, that these views of Mr. Webster, which contain the philosophy of constitutional republicanism as distinct from a mere democracy of lxiii numbers, have, even down to the present day, served as the basis of a charge against him of anti-popular principles. Having observed in the speech referred to, “that it would seem to be the part of political wisdom to found government on property, and to establish such a distribution of property by the laws which regulate its transmission and alienation, as to interest the great majority of society in the protection of the government,” the former part of this sentence has often been quoted as a substantive rule in favor of a moneyed aristocracy, and the latter uncandidly suppressed. It is hardly necessary to observe, that the point at issue was the constitution of the senatorial districts on the basis of the valuation; and that it was never proposed by Mr. Webster, or by any body else, to apply the principle to individuals. The poor man in the rich senatorial district possessed as much political power as his wealthy neighbor. The principle, in fact, is but another form of that which gave the first impulse to the American Revolution, namely, that representation and taxation ought to go hand in hand.

While the Massachusetts convention was in session, Mr. Webster appeared before the public in another department of intellectual effort, and with the most distinguished success. It is hazardous for a person of great professional eminence to venture out of his sphere; perhaps the experiment has never before been so triumphantly made. In 1820, Mr. Webster was invited by the Pilgrim Society at Plymouth to deliver a discourse on the great anniversary of New England, the ever-memorable 22d of December. Several circumstances contributed on this occasion to the interest of the day. The peaceful surrender by Massachusetts of a portion of her territory, greatly exceeding in magnitude that which she retained, in order to form the new State of Maine, was a pleasing exemplification of that prosperous multiplication of independent commonwealths within the limits of the Union, which forms one of the most distinctive features in our history. It was as much an alienation of territory from the local jurisdiction of Massachusetts, as if it had been ceded to Great Britain, and yet the alienation was cordially made. At this very time a controversy existed between the United States and England, relative to the conflicting title of the two governments to a very lxiv small portion, and that the least valuable part, of the same territory, which, after the aggravations and irritations of forty years of controversy, was in 1842 adjusted by Mr. Webster and Lord Ashburton, at a moment when war seemed all but inevitable. In any other country or age of the world, Maine could have been severed from Massachusetts only by a bloody revolution. Their amicable separation by mutual consent, although neither the first nor the second similar event in the United States, was still an occurrence which carried back the reflections of thoughtful men to the cradle of New England.

These reflections gathered interest from the convention then in session. It was impossible not to feel with unusual force the contrast between the circumstances under which the first simple compact of government, the germ of the American constitutions, was drawn up on board the Mayflower, and those under which the assembled experience, wisdom, and patriotism of the State were now engaged in reorganizing the government. Several of the topics which presented themselves to Mr. Webster’s mind, and were discussed by him at Plymouth, had entered into the debates of the convention a few days before. Still more, the close of the second century from the landing of the Fathers, with all its mighty series of events in the social, political, and moral world, gave the highest interest to the occasion. Six New England generations were to pass in review. It was an anniversary which could be celebrated nowhere else as it could be at Plymouth. It was such an anniversary, with its store of traditions, comparisons, and anticipations, as none then living could witness again. The Pilgrim Society gave utterance to the unanimous feeling of the community, in calling upon Mr. Webster to speak for the whole people of New England, at home and abroad, on this great occasion.

The discourse delivered by him in pursuance of their invitation, in some respects the most remarkable of his performances, begins the series of his works contained in the present collection. The felicity and spirit with which its descriptive portions are executed; the affecting tribute which it pays to the memory of the Pilgrims; the moving picture of their sufferings on both sides of the water; the masterly exposition and analysis of those institutions to which the prosperity of New England under Providence is owing; the eloquent inculcation of those lxv great principles of republicanism on which our American commonwealths are founded; the instructive survey of the past, the sublime anticipations of the future of America,—have long since given this discourse a classical celebrity. Several of its soul-stirring passages have become as household words throughout the country. They are among the most favorite of the extracts contained in the school-books. An entire generation of young men have derived from this noble performance some of their first lessons in the true principles of American republicanism. It obtained at once a wide circulation throughout the country, and gave to Mr. Webster a position among the popular writers and speakers of the United States scarcely below that which he had already attained as a lawyer and a statesman. It is doubtful whether any extra-professional literary effort by a public man has attained equal celebrity.

In the course of a few years, when the corner-stone of the Bunker Hill Monument was to be laid, on the fiftieth anniversary of the battle, the general expectation again pointed to Mr. Webster as the orator of the day. This, too, was a great national and patriotic anniversary. For the first time, and after the lapse of a half-century, the commencement of the war of the American Revolution was to be publicly celebrated under novel, significant, and highly affecting circumstances. Fifty years had extinguished all the unkindly associations of the day, and raised it from the narrow sphere of local history to a high place in the annals of the world. A great confederacy had sprung from the blood of Bunker Hill. This was too important an event in the history of the world to be surrendered to hostile and party feeling. No friend of representative government in England had reason to deplore the foundation of the American republics. No one can doubt that the development of the representative principle in this country has contributed greatly to promote the cause of Parliamentary reform in Great Britain. Other considerations gave great interest to the festival of the 17th of June, 1825. Fifty years of national life, fortune, and experience, not exhibiting in their detail an unvarying series of prosperity, (for it was fifty years in the history, not of angels, but of men,) but assuredly not surpassed in the grand aggregate by any half-century in the annals of the world, lxvi were now brought to a close. Vast as the contrast was in the condition of the country at the beginning and close of the period, there were still living venerable men who had acted prominent and efficient parts in the opening scenes of the drama. Men who had shared the perils of 1775 shared the triumph of the jubilee. More than a hundred of the heroes of the battle were among the joyous participators in this great festival. Not the least affecting incident of the celebration was the presence of Lafayette, who had hastened from his more than royal progress through the Union to take a part in the ceremonial.

It is unnecessary to say, that on such an occasion, with all these circumstances addressed to the imaginations and the thoughts of men, in the presence of a vast multitude of the intelligent population of Massachusetts and the other New England States, with no inconsiderable attendance of kindred and descendants from every part of the Union, an address from such an orator as Mr. Webster, on such a platform, on such a theme, in the flower of his age and the maturity of his faculties, discoursing upon an occasion of transcendent interest, and kindling with the enthusiasm of the day and the spot, may well be regarded as an intellectual treat of the highest order. Happy the eyes that saw that most glorious gathering! Happy the ears that heard the heart-stirring strain!

Scarcely inferior in interest was the anniversary celebration, when the Bunker Hill Monument was finally completed, in 1843, and Mr. Webster again consented to address the immense multitude which the ceremonial could not fail to bring together. In addition to all the other sources of public interest belonging to the occasion, the completion itself of the structure was one to which the community attached great importance. It had been an object steadily pursued, under circumstances of considerable discouragement, by a large number of liberal and patriotic individuals, for nearly a quarter of a century. The great work was now finished; and the most important event in the history of New England was henceforward commemorated by a monument destined, in all human probability, to last as long as any work erected by the hands of man. The thrill of admiration which ran through the assembled thousands, when, at the commencement of his discourse on that occasion, Mr. Webster apostrophized the monument lxvii itself as the mute orator of the day, has been spoken of by those who had the good fortune to be present as an emotion beyond the power of language to describe. The gesture, the look, the tone of the speaker, as he turned to the majestic shaft, seemed to invest it with a mysterious life; and men held their breath as if a solemn voice was about to come down from its towering summit. This address does not appear to have had the advantage possessed by those of Plymouth in 1820, and of Bunker Hill in 1825, in having been written out for the press by Mr. Webster. It seems to have been prepared for publication from the reporter’s notes, with some hasty revision, perhaps, by the author.

On the 4th of July, 1826, occurred the extraordinary coincidence of the deaths of Adams and Jefferson, within a few hours of each other, on the fiftieth anniversary of the Declaration of Independence; an event with which they were both so closely connected, as members of the committee by which the ever-memorable state paper was prepared and brought into the Continental Congress. The public mind was already predisposed for patriotic emotions and sentiments of every kind by many conspiring causes. The recency of the Revolutionary contest, sufficiently illustrated by the fact that many of those engaged in it were still alive and had been the subjects of liberal provision by Congress; the complete, though temporary, fusion of parties, producing for a few years a political lull, never witnessed to the same extent before or since; the close of the half-century from the commencement of the Revolutionary War, and the commemoration of its early conflicts on many of the spots where they occurred; the foundation of the Bunker Hill Monument, and of a similar work on a smaller scale at Concord; the visit of Lafayette; abroad, the varying scenes of the Greek revolution and the popular movement in many other parts of Europe,—united in exciting the public mind in this country. They kindled to new fervor the susceptible and impulsive American temperament. The simultaneous decease of the illustrious patriarchs of the Revolution, under these circumstances of coincidence, fell upon a community already prepared to be deeply affected. It touched a tender chord, which vibrated from one end of the Union to the other. The affecting event was noticed throughout the country. Cities and States lxviii vied with each other in demonstrations of respect for the memory of the departed. The heart of the country poured itself forth in one general utterance of reverential feeling. Nowhere was the wonderful event noticed with greater earnestness and solemnity of public sentiment than in Boston. Faneuil Hall was shrouded in black. Perhaps for the first time since its erection an organ was placed in the gallery, and a sublime funeral service was performed. It is unnecessary to dwell upon the effect of preparations like these upon an intelligent audience, assembled under highly wrought feeling. They produced a tone of mind in unison with the magnificent effort of thought which was to follow.

It has, perhaps, never been the fortune of an orator to treat a subject in all respects so extraordinary as that which called forth the eulogy on Adams and Jefferson; a subject in which the characters commemorated, the field of action, the magnitude of the events, and the peculiar personal relations, were so important and unusual. Certainly it is not extravagant to add, that no similar effort of oratory was ever more completely successful. The speech ascribed to John Adams in the Continental Congress, on the subject of declaring the independence of the Colonies,—a speech of which the topics of course present themselves on the most superficial consideration of the subject, but of which a few hints only of what was actually said are supplied by the letters and diaries of Mr. Adams,—is not excelled by any thing of the kind in our language. Few things have taken so strong a hold of the public mind. It thrills and delights alike the student of history, who recognizes it at once as the creation of the orator, and the common reader, who takes it to be the composition, not of Mr. Webster, but of Mr. Adams. From the time the eulogy was delivered to the present day, the inquiry has been often made and repeated, sometimes even in letters addressed to Mr. Webster himself, whether this exquisite appeal is his or Mr. Adams’s. An answer to a letter of this kind will be found appended to the eulogy in the present edition.

These discourses, with the exception of the second Bunker Hill Address, were delivered within about five years of each other; the first on the 22d of December, 1820, the last on the 2d of August, 1826. With the exception named, Mr. Webster lxix has excused himself from the delivery of public addresses of this class, though continually invited from almost every part of the country and upon occasions of every kind. Within the last twelvemonth, however, he has yielded himself to the peculiar and urgent condition of public affairs, and has addressed his fellow-citizens on several occasions not immediately connected with senatorial or professional duty, and with the power and felicity which mark his earlier efforts. The most remarkable of these recent addresses is his speech delivered at Washington on the 4th of July, 1851, at the ceremonial of the laying of the corner-stone of the addition to the Capitol. This ceremonial, itself of no ordinary interest, and the aspect of public affairs under which it was performed, gave a peculiar fervor and solemnity to Mr. Webster’s treatment of the subject. Never, perhaps, were the principles to which the great day is consecrated unfolded in a few paragraphs with greater precision and comprehensiveness; or the auspicious influence of these principles on the progress of the country more happily set forth. The contrast between the United States of 1793, when the corner-stone of the original Capitol was laid by President Washington, and the United States of 1851, when this enlargement became necessary, is brought out with great skill and discrimination. The appeal to the Southern States, whether the government under which the Union has grown and prospered is a blessing or a curse to the country, is a burst of the highest eloquence. The allusion and apostrophe to Washington will be rehearsed by the generous youth of America as long as the English language is spoken on this side of the Atlantic Ocean.