The American Quarterly Review Part 13

The doctrine of this speech is as important as it is true. A sound and uniform currency is essential, not only for the convenient and safe management of the fiscal concerns of a government; but, no less so, for the security of private property. It is, indeed, at once the standard and basis of all transfer and exchange; and, whenever the circulating medium has become much deranged in any country, it has been found an arduous, and sometimes a dangerous task, to restore it to a sound state.

The effort almost necessarily brings on a conflict between the two great cla.s.ses of debtor and creditor, into which every community is divided,--the creditor claiming the highest standard of value in the currency, and the debtor the lowest; and the results of such a conflict have not unfrequently been found in changes, convulsions, and political revolution. From such a conflict we were saved in this country, by the defeat of the paper-currency bank proposed in 1814,--by the establishment of the present specie paying bank, and by the adoption of Mr. Webster's resolution, which was approved by the President on the 30th of April, 1816.

It was at this period, however, that Mr. Webster determined to change his residence, and, of course, to retire for a time at least, from public life. He had now lived in Portsmouth nine years; and they had been to him years of great happiness in his private relations, and, in his relations to the country, years of remarkable advancement and honour. But, in the disastrous fire, which, in 1813, destroyed a large part of that devoted town, he had sustained a heavy loss, which the means and opportunities offered by his profession in New Hamps.h.i.+re were not likely to repair. He determined, therefore, to establish himself in a larger capital, where his resources would be more ample, and, in the summer of 1816, removed to Boston, where he has ever since resided.

His object now was professional occupation, and he devoted himself to it for six or eight years exclusively, with unremitting a.s.siduity, refusing to accept office, or to mingle in political discussion. His success corresponded to his exertions. He was already known as a distinguished lawyer in his native state; and the two terms he had served in Congress, had placed him, notwithstanding his comparative youth, among the prominent statesmen of the country. His rank as a jurist, in the general regard of the nation, was now no less speedily determined. Like many other eminent members of the profession, however, who have rarely been able to select at first what cases should be entrusted to them, it was not for him to arrange or determine the time and the occasion, when his powers should be decisively measured and made known. We must, therefore, account it for a fortunate accident, though perhaps one of those accidents granted only to talent like his, that the occasion was the well known case of Dartmouth College; and, we must add, as a circ.u.mstance no less fortunate, that the forum where he was called to defend the principles of this great cause, and where he did defend them so triumphantly, was that of the Supreme Court of the United States, at Was.h.i.+ngton.

There is, indeed, something peculiar in this grave national tribunal, especially with regard to the means and motives it offers to call out distinguished talent, and try and confirm a just reputation, which is worth notice. The judges themselves, selected from among the great jurists of the country, as above ignorance, weakness, and the temptations of political ambition,--with that venerable man at their head, who for thirty years has been the ornament of the government, and, in whose wisdom has been, in no small degree, the hiding of its power--const.i.tute a tribunal, which may be truly called solemn and august. The advocates, too, who appear before it, are no less a chosen few, full of talent and skill, and eager with ambition, who go there from all the ends of the country, to discuss the gravest and most important interests both public and private,--to settle the conflicts between domestic and foreign jurisprudence, or the more perilous conflicts between the authority of the individual states, and that of the general government;--in short, to return constantly upon the first great principles of national and munic.i.p.al adjudication, and take heed, that, whatever is determined shall rest only on the deep and sure foundations of truth, right, and law. And, finally, if we turn from the bench and the bar, to the audience which is collected around them, we shall find again much that is remarkable, and even imposing. We shall find, that, large as it is, it is gathered together from a city not populous, where every thing, even the resources of fas.h.i.+on, must have a direct dependence on the operations of government; and where the senators themselves, and the representatives of foreign powers, no less than the crowds collected during the session of Congress, by the solicitations of an enlightened curiosity, or of a strenuous indolence, can, after all, discover no resort so full of a stirring interest and excitement, as that of the Supreme Court, into whose arena such practised and powerful gladiators daily descend, rejoicing in the combat. Taking it in all its connexions, then, we look upon this highest tribunal of the country, not only to be solemn and imposing in itself, but to be one of peculiar power over the reputations of these jurists and advocates, who appear before it, and who must necessarily feel themselves to be standing singularly in presence of the nation, represented there as it is, in almost every way, and by almost every cla.s.s, from the fas.h.i.+on and beauty lounging on the sofas in the recesses of the court-room, up to the eager antagonists, who are impatiently waiting their time to contend for the mastery on some great interest or principle, and the judges who are ultimately to decide it.

Mr. Webster had already appeared once or twice before this tribunal;--but not in any cause which had called seriously into action the powers of his mind. The case of Dartmouth College, however, was one that might well task the faculties of any man. That inst.i.tution, founded originally by charter from the king of Great Britain, had been in successful operation nearly half a century, when, in 1816, the Legislature of New Hamps.h.i.+re, from some movements in party politics, was induced, without the consent of the college, to annul its charter, and, by several acts, to give it a new incorporation and name. The trustees of the college resisted this interference; and, in 1817, commenced an action in the state courts, which was decided against them. A writ of error was then sued out by the original plaintiffs, to remove the cause for its final adjudication, to the Supreme Court of the United States; and it came on there for argument in March, 1818.

The court room was excessively crowded, not only with a large a.s.semblage of the eminent lawyers of the Union, but with many of its leading statesmen,--drawn there no less by the importance of the cause, and the wide results that would follow its decision, than by the known eloquence of Mr. Hopkinson and Mr. Wirt, both of whom were engaged in it. Mr.

Webster opened it, on behalf of the college. The question turned mainly on the point, whether the acts of the Legislature of New-Hamps.h.i.+re, in relation to Dartmouth College, const.i.tuted a violation of a contract; for, if they did, then they were contrary to the Const.i.tution of the United States. The principles involved, therefore, went to determine the extent to which a legislature can exercise authority over the chartered rights of all corporations; and this of course gave the case an importance at the time, and a value since, paramount to that of almost any other in the books. Mr. Webster's argument is given in this volume at p. 110, et seq.; that is, we have there the technical outline, the dry skeleton of it. But those who heard him, when it was originally delivered, still wonder how such dry bones could ever have lived with the power they there witnessed and felt. He opened his cause, as he always does, with perfect simplicity in the general statement of its facts; and then went on to unfold the topics of his argument, in a lucid order, which made each position sustain every other. The logic and the law were rendered irresistible. But, as he advanced, his heart warmed to the subject and the occasion. Thoughts and feelings, that had grown old with his best affections, rose unbidden to his lips. He remembered that the inst.i.tution he was defending, was the one where his own youth had been nurtured; and the moral tenderness and beauty this gave to the grandeur of his thoughts; the sort of religious sensibility it imparted to his urgent appeals and demands for the stern fulfilment of what law and justice required, wrought up the whole audience to an extraordinary state of excitement. Many betrayed strong agitation; many were dissolved in tears. When he ceased to speak, there was a perceptible interval before any one was willing to break the silence; and, when that vast crowd separated, not one person of the whole number doubted, that the man who had that day so moved, astonished, and controlled them, had vindicated for himself a place at the side of the first jurists of the country.

From this period, therefore, Mr. Webster's attendance on the Supreme Court at Was.h.i.+ngton has been constantly secured by retainers, in the most important causes; and the circle of his professional business, which has been regularly enlarging, has not been exceeded, if it has been equalled, by that of any other lawyer who has ever appeared in the national forum. The volume before us contains few traces of all this. It contains, however, two arguments upon const.i.tutional questions of great interest and wide results. One is the case of Gibbons _vs._ Ogden, in 1824, involving the question, how far a state has authority to grant the exclusive right of navigating the tide-waters within its territorial limits; refusing that right to all persons belonging to other states, as well as to its own citizens. This question struck, of course, at the great steam-boat monopoly granted by the state of New-York, from motives of public munificence, to Mr. Fulton, the admirable first mover of that national benefit, and Chancellor Livingston, its early and adventurous patron. The case was argued by Mr. Webster and Mr. Wirt against the monopoly, and by Mr. Oakley and Mr. Emmet for it; so that probably as much ability was brought into the discussion on each side, as has been called for by any single cause in our judicial annals. The result was, that the monopoly was declared to be unconst.i.tutional; and thus another great national blessing was obtained, hardly less important than the original invention,--that of throwing open the right to steam-navigation to the compet.i.tion of the whole Union.

There were circ.u.mstances which gave uncommon interest to this cause, independently of its great const.i.tutional importance, and the wide consequences involved in it. It had been litigated, during a series of years, in every form, in the state courts of New-York, where the monopoly had triumphed over all opposition. And it need hardly be said, that the state courts of New-York have maintained as proud a reputation for learning, research, and talent, as any in the Union. What lawyer has not sat gladly at the feet of Chancellor Kent, and Chief Justice Spencer? And what state, in relation to her jurisprudence, can so boldly say--

"Quae regio in terris nostri non plena laboris?"

Mr. Webster's argument in the opening of this case,--which was closed with great power by the Attorney-General, Mr. Wirt,--furnishes, even in the meagre outline still preserved, p. 170-184, a specimen of some of the characteristics of his mind. We here see his clearness and downright simplicity in stating facts; his acute suggestion and a.n.a.lysis of difficulties; his peculiar power of disentangling complicated propositions, and resolving them into elements so plain, as to be intelligible to the simplest minds; and his wariness not to be betrayed into untenable positions, or to spread his forces over useless ground.

We see him, indeed, fortifying himself, as it were, strongly within the narrowest limits of his cause, concentrating his strength, and ready at any moment to enter, like a skilful general, at all the weak points of his adversary's position. This argument, therefore, especially as it was originally p.r.o.nounced in court, we look upon, as a whole, to have been equally remarkable for depth and sagacity; for the choice and comprehensiveness of the topics; and for the power and tact exhibited in their discussion. Yet we are carried along so quietly by its deep current, that, like Partridge in Tom Jones, when he saw Garrick act Hamlet, all seems to us so spontaneous, so completely without effort, that we are convinced, nay, we feel sure, there is neither artifice nor mystery, extraordinary power nor genius, in the whole matter. But, to those who are familiar with Mr. Webster, and the workings of his mind, it is well known, that, in this very plainness; in this earnest pursuit of truth for truth's sake, and of the principles of law for the sake of right and justice, and in his obvious desire to reach them all by the most direct and simple means, is to be found no small part of the secret of his power. It is this, in fact, above every thing else, that makes him so prevalent with the jury; and, not only with the jury in court, but with the great jury of the whole people.

The same general remarks are applicable to his argument in the case of Ogden against Saunders, in 1827, which we notice now, out of the regular series of events, in order to finish at once the little we can say of his professional career as a lawyer. The case to which we now refer, involved the question of the const.i.tutionality of state insolvent laws, when they purported to absolve the party from the obligation of the _contract_, as well as from personal _imprisonment_, on execution. In a legal and const.i.tutional point of view, this has always been thought one of Mr. Webster's ablest and most convincing arguments. With the court he was only half successful; there being a remarkable diversity of opinion among the judges. But, taken in connexion with the opinion of Chief Justice Marshall, delivered in the case, with which Mr. Webster's argument coincides, both in reasoning and in conclusion, it seems absolutely to have exhausted the whole range of the discussion on that side, and to furnish all that future inquirers can need to master the question.

But, during the years we have just pa.s.sed over, Mr. Webster's success was not confined to the bar. In the year 1820-21, a convention of delegates was a.s.sembled in Boston, to revise the const.i.tution of Ma.s.sachusetts. As it was one of those primary a.s.semblies, where no office disqualifies from members.h.i.+p, and as the occasion was one of the rarest importance, the talent and wisdom, the fortunes and authority of that commonwealth were, to a singular degree, collected in it. The venerable John Adams, then above eighty-five years old, represented his native village; Mr. Justice Story, of the Supreme Court of the United States, was a delegate from Salem; Judge Davis, of the District Court of the United States, and the greater part of the judicial officers of the state were there, as well as a large number of the leading members of the Ma.s.sachusett's bar, and a still larger number of its wealthiest or most prominent land-holders and merchants. No a.s.sembly of equal dignity and talent was ever collected in that commonwealth. Mr. Webster was one of the delegates from Boston. What influence he exerted, or how beneficial, or how extensive it was, can be entirely known only there where it was put forth. But, if we may judge from the important committees on which he served; the prominent interests and individuals his duty called him occasionally to defend, to encounter, and to oppose; and the business-like air of his short remarks, which are scattered up and down through the whole volume of the "Journal of Debates and Proceedings" of this convention, published soon afterwards, we should be led to believe, that, though he was then but a newly adopted child of Ma.s.sachusetts, he had already gained a degree of confidence, respect and authority, to which few in that ancient commonwealth could lay claim.

The fruits of it all, in the present volume, are, a short speech on "Oaths of Office;" another on "the removal of Judges upon the address of two-thirds of each branch of the Legislature;" and a more ample and very powerful one on the "Principle of representation in the Senate." They are all strong and striking; and it would be easy to extract something from each, characteristic of its author; but we have not room, and must content ourselves with referring, for a specimen of the whole, to the remarks on the free schools of New-England, from the speech in the Senate, which we have already cited; adding merely, that, to this remarkable speech of Mr. Webster, and to another of great beauty and force, by Mr. Justice Story, was ascribed, at the time, a change in the opinions and vote of the convention, which, considering the importance of the subject, and the long discussion it had undergone, was all but unprecedented.[6]

While this convention was still in session, a great anniversary came round at the north. The two hundredth year from the first landing of the Pilgrims at Plymouth, was completed on the 22d of December, 1820; and every man born in New-England, or in whose veins stirred a drop of New-England blood, felt that he had an interest in the event it recalled, and demanded its grateful celebration. Preparations, therefore, for its commemoration, on the spot where it occurred, were made long beforehand; and, by the sure indication of the public will, and at the special invitation of the Pilgrim Society, Mr. Webster was summoned as the man who should go to the Rock of Plymouth, and there so speak of the centuries past, as that the centuries to come should still receive and heed his words. Undoubtedly he amply fulfilled the expectations that waited on this great occasion. His address, which opens the present volume, is one of the gravest productions it contains.

He seems to feel that the ground on which he stands is holy; and the deep moral sensibility, and even religious solemnity, which pervade many parts of this striking discourse,--where he seems to have collected the experience of all the past, in order to minister warning and encouragement to all the future,--is in perfect harmony with the scene and the occasion, and produced its appropriate effect on the mult.i.tude elected, even at that inclement season, from the body of the New-England states, to offer up thanksgivings for their descent from the Pilgrim fathers. The effect, too, at the time, has been justified by a wider success since; and the multiplied editions of the printed discourse, while they have carried it into the farm-houses and hearts of the New-England yeomanry, are at the same time ensuring its pa.s.sage onward to the next generation and the next, who may be well satisfied, when the same jubilee comes round, if they can leave behind them monuments equally imposing, to mark the lapse and revolutions of ages.

It would not be difficult to select eloquent pa.s.sages from this discourse. We prefer, however, to take one containing what was then a plain and adventurous prediction; but what is now pa.s.sing into history before our very eyes. We allude to the remarks on the principle of the subdivision of property in France, as affecting the permanency of the French government, which Mr. Webster ventured to call in question, on the same general grounds, on which he undertook to prove the permanency of our own.

"A most interesting experiment of the effect of a subdivision of property on government, is now making in France. It is understood, that the law regulating the transmission of property, in that country, now divides it, real and personal, among all the children, equally, both sons and daughters; and that there is, also, a very great restraint on the power of making dispositions of property by will. It has been supposed, that the effects of this might probably be, in time, to break up the soil into such small subdivisions, that the proprietors would be too poor to resist the encroachments of executive power. I think far otherwise. What is lost in individual wealth, will be more than gained in numbers, in intelligence, and in a sympathy of sentiment. If, indeed, only one, or a few landholders were to resist the crown, like the barons of England, they must, of course, be great and powerful landholders with mult.i.tudes of retainers, to promise success. But if the proprietors of a given extent of territory are summoned to resistance, there is no reason to believe that such resistance would be less forcible, or less successful, because the number of such proprietors should be great. Each would perceive his own importance, and his own interest, and would feel that natural elevation of character which the consciousness of property inspires. A common sentiment would unite all, and numbers would not only add strength, but excite enthusiasm. It is true, that France possesses a vast military force, under the direction of an hereditary executive government, and military power, it is possible, may overthrow any government. It is in vain, however, in this period of the world, to look for security against military power, to the arm of the great landholders. That notion is derived from a state of things long since past; a state in which a feudal baron, with his retainers, might stand against the sovereign, who was himself but the greatest baron, and his retainers. But at present, what could the richest landholder do, against one regiment of disciplined troops? Other securities, therefore, against the prevalence of military power must be provided. Happily for us, we are not so situated as that any purpose of national defence requires, ordinarily and constantly, such a military force as might seriously endanger our liberties.

"In respect, however, to the recent law of succession in France, to which I have alluded, _I would, presumptuously, perhaps, hazard a conjecture, that if the government do not change the law, the law, in half a century, will change the government; and that this change will be not in favour of the power of the crown, as some European writers have supposed, but against it_. Those writers only reason upon what they think correct general principles, in relation to this subject. They acknowledge a want of experience. Here we have had that experience; and we know that a mult.i.tude of small proprietors, acting with intelligence, and that enthusiasm which a common cause inspires, const.i.tute not only a formidable, but an invincible power." Pp. 47-8.

In less than six years from the time when this statesman-like prediction was made, the King of France, at the opening of the Legislative Chambers, thus strangely and portentously echoed it,

"Legislation ought to provide by successive improvements, for all the wants of society. _The progressive part.i.tioning of landed estates essentially contrary to the spirit of a monarchical government_ would enfeeble the guaranties which the charter has given to my throne and to my subjects.

Measures will be proposed to you, gentlemen, to establish the consistency which ought to exist between the political law and the civil law; and to preserve the patrimony of families, without restricting the liberty of disposing of one's property. The preservation of families is connected with, and affords a guaranty to political stability, which is the first want of states, and which is especially that of France after so many vicissitudes."

But the discovery came too late. The foundations, on which to build or sustain the c.u.mbrous system of the old monarchy, were already taken away; and the events of the last summer, while they would almost persuade us, that the "Attendant Spirit" so boldly given by the orator in this very discourse to one of the great founders of our government, had opened to him, also, on the Rock of Plymouth, "a vision of the future;"[7]--these events, we say, can leave little doubt in the mind of any man, that the speaker himself may live long enough,--as G.o.d grant he may!--to witness the entire fulfilment of his own extraordinary prophecy, and to see the French people erecting for themselves a sure and stable government, suited to the foundation, on which alone it can now rest.

In 1825, Mr. Webster was called to interpret the feelings of New-England, on another great festival and anniversary. Fifty years from the day, when the grave drama of the American Revolution was opened with such picturesque solemnity, as a magnificent show on Bunker's Hill, witnessed by the whole neighbouring city and country, cl.u.s.tering by thousands on their steeples, the roofs of their houses, and the hill-tops, and waiting with unspeakable anxiety the results of the scene that was pa.s.sing before their eyes,--fifty years from that day, it was determined to lay, with no less solemnity, the corner stone of a monument worthy to commemorate its importance. An immense mult.i.tude was a.s.sembled. They stood on that consecrated spot, with only the heavens over their heads, and beneath their feet the bones of their fathers; amidst the visible remains of the very redoubt thrown up by Prescott, and defended by him to the very last desperate extremity;[8] and with the names of Warren, Putnam, Stark, and Brooks, and the other leaders or victims of that great day frequent and familiar on their lips. In the midst of such a scene and with such recollections, starting like the spirits of the dead from the very sods of that hill-side, it may well be imagined, that words like the following, addressed to a vast audience,--composed in no small degree of the survivors of the battle, their children, and their grandchildren,--produced an effect, which only the hand of death can efface.

"We know, indeed, that the record of ill.u.s.trious actions is most safely deposited in the universal remembrance of mankind. We know, that if we could cause this structure to ascend, not only till it reached the skies, but till it pierced them, its broad surfaces could still contain but part of that, which, in an age of knowledge, hath already been spread over the earth, and which history charges itself with making known to all future times. We know, that no inscription on entablatures less broad than the earth itself, can carry information of the events we commemorate, where it has not already gone; and that no structure, which shall not outlive the duration of letters and knowledge among men, can prolong the memorial. But our object is, by this edifice, to show our own deep sense of the value and importance of the achievements of our ancestors; and, by presenting this work of grat.i.tude to the eye, to keep alive similar sentiments, and to foster a constant regard for the principles of the Revolution. Human beings are composed not of reason only, but of imagination also, and sentiment; and that is neither wasted nor misapplied which is appropriated to the purpose of giving right direction to sentiments, and opening proper springs of feeling in the heart. Let it not be supposed that our object is to perpetuate national hostility, or even to cherish a mere military spirit. It is higher, purer, n.o.bler. We consecrate our work to the spirit of national independence, and we wish that the light of peace may rest upon it for ever. We rear a memorial of our conviction of that unmeasured benefit, which has been conferred on our own land, and of the happy influences, which have been produced, by the same events, on the general interests of mankind. We come, as Americans, to mark a spot, which must for ever be dear to us and our posterity. We wish, that whosoever, in all coming time, shall turn his eye hither, may behold that the place is not undistinguished, where the first great battle of the Revolution was fought.

We wish, that this structure may proclaim the magnitude and importance of that event, to every cla.s.s and every age. We wish, that infancy may learn the purpose of its erection from maternal lips, and that weary and withered age may behold it, and be solaced by the recollections which it suggests. We wish, that labour may look up here, and be proud, in the midst of its toil. We wish, that, in those days of disaster, which, as they come on all nations, must be expected to come on us also, desponding patriotism may turn its eyes. .h.i.therward, and be a.s.sured that the foundations of our national power still stand strong. We wish, that this column, rising towards heaven among the pointed spires of so many temples dedicated to G.o.d, may contribute also to produce, in all minds, a pious feeling of dependence and grat.i.tude. We wish, finally, that the last object on the sight of him who leaves his native sh.o.r.e, and the first to gladden his who revisits it, may be something which shall remind him of the liberty and the glory of his country. Let it rise, till it meet the sun in his coming; let the earliest light of the morning gild it, and parting day linger and play on its summit." Pp. 58-9.

The last formal address delivered by Mr. Webster on any great public occasion, was unexpectedly called from him in the summer of 1826, in commemoration of the services of Adams and Jefferson;--an occasion so remarkable, that what was said and felt on it, will not pa.s.s out of the memories of the present generation. We shall, therefore, only make one short extract from Mr. Webster's address at Faneuil Hall--the description of the peculiar eloquence of Mr. Adams, in giving which, the speaker becomes, himself, a living example of what he describes.

"The eloquence of Mr. Adams resembled his general character, and formed, indeed, a part of it. It was bold, manly, and energetic; and such the crisis required. When public bodies are to be addressed on momentous occasions, when great interests are at stake, and strong pa.s.sions excited, nothing is valuable, in speech, farther than it is connected with high intellectual and moral endowments. Clearness, force, and earnestness are the qualities which produce conviction.

True eloquence, indeed, does not consist in speech. It cannot be brought from far. Labour and learning may toil for it, but they will toil in vain. Words and phrases may be marshalled in every way, but they cannot compa.s.s it. It must exist in the man, in the subject, and in the occasion.

Affected pa.s.sion, intense expression, the pomp of declamation, all may aspire after it--they cannot reach it.

It comes, if it come at all, like the outbreaking of a fountain from the earth, or the bursting forth of volcanic fires, with spontaneous, original, native force. The graces taught in the schools, the costly ornaments, and studied contrivances of speech, shock and disgust men, when their own lives, and the fate of their wives, their children, and their country, hang on the decision of the hour. Then words have lost their power, rhetoric is vain, and all elaborate oratory contemptible. Even genius itself, then feels rebuked, and subdued, as in the presence of higher qualities. Then, patriotism is eloquent; then, self-devotion is eloquent. The clear conception, outrunning the deductions of logic, the high purpose, the firm resolve, the dauntless spirit, speaking on the tongue, beaming from the eye, informing every feature, and urging the whole man onward, right onward to his object--this, this is eloquence; or rather it is something greater and higher than all eloquence, it is action, n.o.ble, sublime, G.o.d-like action."

page 84.

During a part, however, of the period, over which we have thus very slightly pa.s.sed, Mr. Webster was again in public life. He was elected to represent the city of Boston, in the seventeenth Congress, and took his seat there in December, 1823. Early in the session, he presented a resolution in favour of appointing a commissioner or agent to Greece; and the resolution being taken up on the 19th of January following, Mr.

Webster delivered the speech, which usually pa.s.ses under the name of "the Greek Speech." His object, however, in presenting the resolution, did not seem, at first, to be well understood. It was believed, that, seeing the existence of a warm public sympathy for the suffering Greeks, and solicited by the attractions of the subject itself, and of the cla.s.sical a.s.sociations awakened by it, his object was to parade a few sentences and figures, and so make an oration or harangue, which might usher him, with some _eclat_, a second time, upon the theatre of public affairs. The galleries, therefore, were thronged with a brilliant and fas.h.i.+onable audience. But the crowd was destined to be disappointed;--Mr.

Webster, after a graceful and conciliating introduction, in which he evidently disclaimed any such purpose, addressed himself at once to the subject, and made, what he always makes, a powerful, but a downright business speech. His object, instead of being the narrow one suggested for him, was apparent, as he advanced, to be the broadest possible. It was nothing less, than to take occasion of the Greek revolution, and the conduct pursued in regard to it by the great continental powers, in order to exhibit the principles laid down and avowed by those powers, as the basis on which they intended to maintain the peace of Europe. In doing this, he went through a very able examination of the proceedings of all the famous Congresses, beginning with that of Paris, in 1814, and coming down to that of Laybach, in 1821;--the principles of all which were, that the people hold their fundamental rights and privileges, as matter of concession and indulgence from the sovereign power; and that all sovereign powers have a right to interfere and controul other nations, in their desires and attempts to change their own governments:--

"The ultimate effect of this alliance of sovereigns, for objects personal to themselves, or respecting only the permanency of their own power, must be the destruction of all just feeling, and all natural sympathy, between those who exercise the power of government, and those who are subject to it. The old channels of mutual regard and confidence are to be dried up, or cut off. Obedience can now be expected no longer than it is enforced. Instead of relying on the affections of the governed, sovereigns are to rely on the affections and friends.h.i.+p of other sovereigns.

They are, in short, no longer to be nations. Princes and people no longer are to unite for interests common to them both. There is to be an end of all patriotism, as a distinct national feeling. Society is to be divided horizontally; all sovereigns above, and all subjects below; the former coalescing for their own security, and for the more certain subjection of the undistinguished mult.i.tude beneath." page 249.

But, as he says afterwards,--

"This reasoning mistakes the age. The time has been, indeed, when fleets, and armies, and subsidies, were the princ.i.p.al reliances even in the best cause. But, happily for mankind, there has arrived a great change in this respect. Moral causes come into consideration, in proportion as the progress of knowledge is advanced; and the _public opinion_ of the civilized world is rapidly gaining an ascendency over mere brutal force. It is already able to oppose the most formidable obstruction to the progress of injustice and oppression; and, as it grows more intelligent and more intense, it will be more and more formidable. It may be silenced by military power, but it cannot be conquered. It is elastic, irrepressible, and invulnerable to the weapons of ordinary warfare. It is that impa.s.sable, unextinguishable enemy of mere violence and arbitrary rule, which, like Milton's angels,

'Vital in every part, Cannot, but by annihilating, die.'

"Until this be propitiated or satisfied, it is vain for power to talk either of triumphs or of repose. No matter what fields are desolated, what fortresses surrendered, what armies subdued, or what provinces overrun. In the history of the year that has pa.s.sed by us, and in the instance of unhappy Spain, we have seen the vanity of all triumphs, in a cause which violates the general sense of justice of the civilized world. It is nothing, that the troops of France have pa.s.sed from the Pyrenees to Cadiz; it is nothing that an unhappy and prostrate nation has fallen before them; it is nothing that arrests, and confiscation, and execution, sweep away the little remnant of national resistance. There is an enemy that still exists to check the glory of these triumphs. It follows the conqueror back to the very scene of his ovations; it calls upon him to take notice that Europe, though silent, is yet indignant; it shows him that the sceptre of his victory is a barren sceptre; that it shall confer neither joy nor honour, but shall moulder to dry ashes in his grasp. In the midst of his exultation, it pierces his ear with the cry of injured justice, it denounces against him the indignation of an enlightened and civilized age; it turns to bitterness the cup of his rejoicing, and wounds him with the sting which belongs to the consciousness of having outraged the opinion of mankind.

"In my own opinion, Sir, the Spanish nation is now nearer, not only in point of time, but in point of circ.u.mstance, to the acquisition of a regulated government, than at the moment of the French invasion. Nations must, no doubt, undergo these trials in their progress to the establishment of free inst.i.tutions. The very trials benefit them, and render them more capable both of obtaining and of enjoying the object which they seek." page 253.

How completely does the mighty drama now pa.s.sing before our eyes on the great theatre of Europe, justify these hold and sagacious predictions! A great revolution has just taken place in France, and a distinguished prince, out of the regular line of succession, has been invited to the throne, _on condition_ of governing according to the const.i.tution prescribed by the representatives of the popular will. Belgium is doing the same thing. Devoted Poland has attempted it. Italy is in confusion,--and Germany disturbed and uneasy;--so that, it seems already no longer to be in the power of any conspiracy of kings or Congresses, to maintain permanently in Western Europe, a government not essentially founded on free inst.i.tutions and principles. We will only add, that Mr.

Webster has, on hardly any other occasion, entered into the discussion of European politics; and the consequence has been, that, if this speech has found less favour at home than some of his other efforts, it is one, that has brought him great honour abroad; since, besides being printed wherever the English tongue is spoken, it has been circulated through South America, and published in nearly every one of the civilized languages of Europe, including the Spanish and the Greek.

In April, 1824, he took a part in the great discussion of the tariff question; and his speech on that occasion, as well as the one he delivered on the same subject in May, 1828, are both given in the volume before us. But the whole matter is so fresh in the recollections of the community, and Mr. Webster's constant defence of a tariff adapted to the general interests of the country, encouraging alike the cause of American manufactures and the interests of commerce, are so well known, from the first tariff of 1816, to the present moment, that it cannot be needful to speak of them. We would remark, however, that, in the speech of 1824, two subjects are discussed with great ability;--the doctrine of exchange, and the balance of trade. Both of them had been drawn into controversy in Congress, on previous occasions, quite frequently, calling forth alternately "an infinite deal of nothing," and the crudest absurdities; but, from the period of this thorough and statesmanlike examination of them, they have, we believe, hardly been heard of in either house. The great points involved in both of them, have been considered as settled.

We have thus far spoken of Mr. Webster almost entirely as a public orator and debater, or as a jurist. But there is another point of view, in which he is less known to the nation, but no less valued at Was.h.i.+ngton. He has few equals in the diligence of the committee-rooms.

Reputation in and out of Congress, is, in this respect, very differently measured. Nothing is more common in either House than moderately good speakers, prompt in common debate, and sufficiently well instructed not to betray themselves into contempt with the public. Because they _can_ speak and _do_ speak; and especially because they speak _often_ and _vehemently_, they obtain a transient credit abroad for far more than they are worth, and far more than they are, at last, able to maintain.

It may, indeed, be said, as a general truth, that those who speak most frequently in Congress are least heeded, and least ent.i.tled to distinction. Members of real ability speak rarely; and, when they do speak, it is from the fulness of their minds, after a careful consideration of the subject, and with a deference for the body they address, and a regard to the public service, which does not permit them to occupy more time than the development of their subject absolutely requires. They are, therefore, always heard with attention and respect; and often with the conviction, that they may be safely followed.

But there is another cla.s.s in Congress, less known to the public at large, and yet whose services are beyond price. We speak now of those excellent men, who, as chairmen and members of the committees, in the retired corners of the capitol, are doing the real business of legislation, and giving their days and nights to maturing schemes of wise policy and just relief; men who are content, week after week, and month after month, to sacrifice themselves to the negative toil of saving us from the follies of indiscreet, meddlesome, and ignorant innovators, or from the more presumptuous purposes of those who would make legislation the means of furthering and gratifying their own private, unprincipled ambition. Such business-men,--who should be the heads of the working party, if such a party should ever be formed,--are well understood within the walls of Congress. They are marked by the general confidence that follows them; and when they speak, to propose a measure, they are listened to; nay, it may almost be said, they are obeyed.

Mr. Webster has long been known as an efficient labourer in these noiseless toils of the committee-rooms and of practical legislation; and we owe to his hand not a few important improvements in our laws. The most remarkable is, probably, the Crimes-Act of 1825, which, in twenty-six sections, did so much for the criminal code of the country.

The whole subject, when he approached it, was full of difficulties and deficiencies. The law in relation to it remained substantially on the foundation of the first great Act of 1790, ch. 36. That act, however, though deserving praise as a first attempt to meet the wants of the country, was entirely unsuited to its condition, and deficient in most important particulars. Its defects, indeed, were so numerous, that half the most notorious crimes, when committed where the general government alone could have cognizance of them, were left beyond the reach of human law and punishment;--rape, burglary, arson and other malicious burnings in forts, a.r.s.enals, and light-house establishments, together with many other offences, being wholly unprovided for. Mr. Webster's Act, which, as a just tribute to his exertions, already bears his name, cures these gross defects, besides a mult.i.tude of others; and it was well known at the time, that he wished to go much further, and give a competent system to the country on the whole criminal code, but was deterred by the danger of failure, if he attempted too much at once. Indeed, the difficulty of obtaining a patient hearing for any bill of such complexity and extent, is well understood in Congress; and it is not, perhaps, an unjust reproach upon our national legislature to confess, that even the most experienced statesmen are rarely able to carry through any great measure of purely practical improvement. Temporary projects, and party strifes, and private claims, and individual jealousies, and, above all, the pa.s.sion for personal display in everlasting debate, offer obstacles to the success of mere patriotism and statesmans.h.i.+p, which are all but insurmountable. Probably no man, at that time, but Mr. Webster, who, in addition to his patient habits of labour in the committee-room, possessed the general confidence of the House, and had a persevering address and prompt.i.tude in answering objections, could have succeeded in so signal an undertaking. Sir Samuel Romilly and Mr. Peel have acquired lasting and merited reputations in England for meliorations of their criminal code. But they had a willing audience, and an eager support. Mr. Webster, without either, effected as much in his Crimes-Act of 1825, as has been effected by any single effort of these statesmen, and is fairly to be ranked with them among those benefactors of mankind, who have enlightened the jurisprudence of their country, and made it at once more efficient and more humane.

At the same session of Congress, the great question of internal improvements came up, and was vehemently discussed in January, on the appropriation made for the western national road. Mr. Webster defended the principle, as he had already defended it in 1816; and as he has defended it constantly since, down to the last year and the last session, without, so far as we have seen, receiving any sufficient answer to the positions he took in debate on these memorable occasions.

Perhaps the doctrine he has so uniformly maintained on this subject, is less directly favourable to the interests of the northern than of the western states; but it was high-toned and national throughout, and seems in no degree to have impaired the favour with which he was regarded in New-England. At any rate, he was re-elected, with singular unanimity, to represent the city of Boston in the nineteenth Congress, and took his seat there anew in December, 1825.

In both sessions of this Congress, important subjects were discussed, and Mr. Webster bore an important part in them; but we can now only suggest one or two of them. As chairman of the Judiciary Committee, he introduced the bill for enlarging the number of judges of the Supreme Court of the United States. His views in relation to it are contained in the remarks he made on the occasion, and had great weight with the House; but the bill was afterwards lost through an amendment of the Senate. So, too, on the question of the Panama mission, involving the points that were first moved in 1796 in the House of Representatives, on occasion of the British Treaty, Mr. Webster has left on record his opinions, doctrines, and feelings, in a speech of great beauty and power, which will always be recurred to, whenever the right of the House of Representatives to advise the executive in relation to the management of foreign missions may come under discussion. But we are compelled to abstain from any further notice of them both, by want of room.

In 1826, he had been elected, we believe, all but unanimously, to represent the City of Boston, in the House of Representatives; but, before he took his seat, a vacancy having occurred in the Senate, he was chosen to fill it by the Legislature of Ma.s.sachusetts, of which, a great majority in both its branches, besides the council and the governor, belonged to the old republican party of the country. He was chosen, too, under circ.u.mstances, which showed how completely his talents and lofty national bearing had disarmed all political animosities, and how thoroughly that commonwealth claimed him as her own, and cherished his reputation and influence as a part of her treasures. There was no regular nomination of him from any quarter, nor any regular opposition; and he received the appointment by a sort of general consent and acclamation, as if it were given with pride and pleasure, as well as with unhesitating confidence and respect.

How he has borne himself in the Senate during the four sessions he has sat there, is known to the whole country. No man has been found tall enough to overshadow him; no man has been able to attract from him, or to intercept from him, the constant regard of the nation. He has been so conspicuous, so prominent, that whatever he has done, and whatever he has said, has been watched and understood throughout the borders of the land, almost as familiarly and thoroughly as it has been at Was.h.i.+ngton.

But though the eyes of all have thus been fastened on him in such a way, that nothing relating to him can have escaped their notice, there is yet one occasion, where he attracted a kind and degree of attention, which, as it is rarely given, is so much the more honourable when it is obtained. We refer now, of course, to the occasion, when, in 1830, he overthrew the Doctrines of Nullification. Undoubtedly, in one sense of the word, Mr. Webster was taken completely by surprise, when these doctrines, for the first time in the history of the country, were announced in the Senate; since he was so far from any particular preparation to meet or answer them, that it was almost by accident he was in his place, when they were so unexpectedly, at least to him and all his friends, brought forth. In another and better sense of the phrase, he was not taken by surprise at all; for the time was already long gone by, when, on any great question of national interest or const.i.tutional principle, he could be taken unprepared or unarmed. We mean by this, that the discussion of the most important points in the memorable debate alluded to, came on incidentally; or rather that these points were thrust forward by a few individuals, who seemed predetermined to proceed under cover of them, to the ultimate limits of personal and party violence.

Mr. Foot's resolution to inquire respecting the sales and the surveys of western lands, was the innocent cause of the whole conflict. It was introduced on the 29th of December, 1829; and was not then expected by its author, or, perhaps, by any body else to excite much discussion, or lead to any very important results. When it was introduced, Mr. Webster was absent from Was.h.i.+ngton. Two days afterwards he took his seat. The resolution had, indeed, called forth a few remarks, somewhat severe, the day after it was presented, and then had been postponed to the next Monday; but, apparently from want of interest in its fate, or from the pressure of more important business, it was not called up by the mover till January 13. From this time, a partial discussion began; but it lingered rather lifelessly, and, in fact, really rose even to skirmis.h.i.+ng only one day, until the 19th, when General Hayne, a distinguished senator from South Carolina, in a vehement and elaborate speech, attacked the New-England States for what he considered their selfish opposition to the interests of the West; and endeavoured to show that a natural sympathy existed between the Southern and Western States, upon the distribution and sales of the public lands, which would necessarily make them a sort of natural allies. With this speech, of course, the war broke out.