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BIOGRAPHICAL MEMOIR OF THE PUBLIC LIFE OF DANIEL WEBSTER.
BY EDWARD EVERETT
CHAPTER VI
ОглавлениеElection of General Jackson.—Debate on Foot’s Resolution.—Subject of the Resolution, and Objects of its Mover.—Mr. Hayne’s First Speech.—Mr. Webster’s original Participation in the Debate unpremeditated.—His First Speech.—Reply of Mr. Hayne with increased Asperity.—Mr. Webster’s Great Speech.—Its Threefold Object.—Description of the Manner of Mr. Webster in the Delivery of this Speech, from Mr. March’s “Reminiscences of Congress.”—Reception of his Speech throughout the Country.—The Dinner at New York.—Chancellor Kent’s Remarks.—Final Disposal of Foot’s Resolution.—Report of Mr. Webster’s Speech.—Mr. Healey’s Painting.
In the interval between the two sessions of the Twentieth Congress, the Presidential election was decided. Mr. Adams and General Jackson were the opposing candidates; and the latter was chosen by a large popular majority. This result was brought about by the active coöperation with General Jackson’s original supporters of the friends of Mr. Calhoun, and many of the friends of the other candidates of 1824. This coöperation implied the combination of the most discordant materials, which did not, however, prevent its members during the canvass from heaping the bitterest reproaches upon Mr. Adams’s administration for receiving the support of Mr. Clay. That there was no cordiality among the component elements of the party by which General Jackson was elevated to the chair was soon quite apparent.
The first session of the Twenty-first Congress, that of 1829-30, is rendered memorable in the history of Mr. Webster, as well as in the parliamentary history of the country, by what has been called the debate on Foot’s resolution, in which Mr. Webster delivered the speech which is usually regarded as his ablest, and which may probably with truth be pronounced the most celebrated speech ever delivered in Congress. The great importance of this effort will no doubt be considered as a sufficient reason for relating somewhat in detail the circumstances under which it was made.
The debate arose in the following manner.
On the 29th of December, 1829, Mr. Foot, one of the Senators from Connecticut, moved the following resolution:—
“Resolved, That the Committee on Public Lands be instructed to inquire and report the quantity of public lands remaining unsold within each State and Territory, and whether it be expedient to limit for a certain period the sales of the public lands to such lands only as have heretofore been offered for sale, and are now subject to entry at the minimum price. And, also, whether the office of Surveyor-General, and some of the land offices, may not be abolished without detriment to the public interest.”
There is no reason to believe that, in bringing forward this resolution, Mr. Foot acted in concert with any other member of the Senate. When it came up for consideration the next day, the mover stated that he had been induced to offer the resolution from having at the last session examined the report of the Commissioner of the Land Office, from which it appeared that the quantity of land remaining unsold at the minimum price of one dollar and twenty-five cents per acre exceeded seventy-two millions of acres; while it appeared from the commissioner’s report at this session, that the annual demand was not likely to exceed a million of acres at present, although of course it might be expected somewhat to increase with the growth of the population.
This resolution, though one of inquiry only, was resisted. It was represented by Mr. Benton of Missouri as a resolution to inquire into the expediency of committing a great injury upon the new States of the West. Mr. Holmes of Maine supported the resolution, as one of inquiry into an important subject. Mr. Foot disclaimed every purpose unfriendly to the West, and at the close of the conversation (in which Mr. Webster took no part), it was agreed that the consideration of the resolution should be postponed to the 11th of January, and made the special order of the day for that day. In this manner, it often happens that a resolution of inquiry on a business question of no urgent importance, intended to have no political bearing, and brought forward without concert with others by an individual, becomes by delay the theme of impassioned debates for weeks and months, to the serious obstruction of the real business of Congress. In the present case, it must be admitted that the loss of the public time thus occasioned was amply made up, by the importance of the speech which has given celebrity to the debate.
The consideration of Mr. Foot’s resolution was not resumed till Wednesday, the 13th of January, when it was opposed by several Western gentlemen. It was next taken up on Monday, lxxxix the 18th, when Mr. Benton of Missouri spoke at length against it. On Tuesday, the 19th, Mr. Holmes of Maine replied at no great length to Mr. Benton. Other members took some part in the debate, and then Mr. Hayne of South Carolina commenced a speech, which occupied the rest of the day. Mr. Hayne was one of the younger members of the Senate. He came forward in his native State in 1814, when hardly of age, with great éclat, filled in rapid succession responsible offices, and came to the Senate of the United States in 1823, with a reputation already brilliant, and rapidly increasing. He was active and diligent in business, fluent, graceful, and persuasive as a debater; of a sanguine and self-relying temper; shrinking from no antagonist, and disposed to take the part of a champion.
Mr. Webster, up to this time, had not participated in the debate, which had in fact been rather a pointless affair, and was dragging its slow length through the Senate, no one knew exactly to what purpose. It had as yet assumed no character in which it invited or required his attention. He was much engaged at the time in the Supreme Court of the United States. The important case of John Jacob Astor and the State of New York, in which he was of counsel, was to come on for argument on the 20th of January; and on that day the argument of the case was in fact commenced.12 Leaving the court-room when the court adjourned on Tuesday, the 19th, Mr. Webster came into the Senate in season to hear the greater part of Mr. Hayne’s speech; and it was suggested to him by several friends, and among others by Mr. Bell of New Hampshire, Mr. Chambers of Maryland, and his colleague, Mr. Silsbee, that an immediate answer to Mr. Hayne was due from him. The line of discussion pursued by the Senator from South Carolina was such as to require, if not to provoke, an immediate answer from the North. Mr. Webster accordingly rose when Mr. Hayne took his seat, but gave way to a motion for adjournment from Mr. Benton. These circumstances will sufficiently show how entirely without premeditation, and with what preoccupation by other trains of thought, Mr. Webster was led into this great intellectual conflict.
He appeared in the Senate the next morning, Wednesday, xc January 20th, and Mr. Foot’s resolution, being called up, was modified, on the suggestion of Messrs. Sprague of Maine and Woodbury of New Hampshire, by adding the following clause:—
“Or whether it be expedient to adopt measures to hasten the sales and extend more rapidly the surveys of the public lands.”
Mr. Webster immediately proceeded with the debate. No elaborate preparation, of course, could have been made by him, as the speech of Mr. Hayne, to which his reply was mainly directed, was delivered the day before. He vindicated the government, under its successive administrations, from the general charge of having managed the public lands in a spirit of hostility to the Western States. He particularly defended New England against the accusation of hostility to the West. A passage in this part of his speech, contrasting Ohio as she was in 1794 with the Ohio of 1830, will compare advantageously with any thing in these volumes. In speaking of the settlement of the West, Mr. Webster introduced with just commendation the honored name of Nathan Dane, as the author of the Ordinance of 1787, for the organization and government of the territory northwest of the Ohio. He maintained that every measure of legislation beneficial to the West had been carried in Congress by the aid of New England votes, and he closed by an allusion to his own course as uniformly friendly to that part of the Union. Mr. Benton followed Mr. Webster, and commenced a speech in reply.
The next day, Thursday, the 21st, the subject again came up, and it was now evident that the debate had put on a new character. Its real interest and importance were felt to be commencing. Mr. Chambers expressed the hope that the Senate would consent to postpone the further consideration of the resolution till the next Monday, as Mr. Webster, who had engaged in the discussion and wished to be present when it should be resumed, had pressing engagements out of the house, and could not conveniently give his attendance in the Senate before Monday.13 Mr. Hayne said “he saw the gentleman from Massachusetts in his seat, and presumed he could make an arrangement which would enable him to be present here, during the xci discussion to-day. He was unwilling that this subject should be postponed before he had an opportunity of replying to some of the observations which had fallen from that gentleman yesterday. He would not deny that some things had fallen from him which rankled14 here (touching his breast), from which he would desire at once to relieve himself. The gentleman had discharged his fire in the presence of the Senate. He hoped he would now afford him an opportunity of returning the shot.”
The manner in which this was said was not such as to soften the harshness of the sentiment. It will be difficult, in reverting to Mr. Webster’s speech, to find either in its substance or spirit any adequate grounds for the feeling manifested by Mr. Hayne. Nor would it probably be easy in the history of Congress to find another case in which a similar act of accommodation in the way of postponing a subject has been refused, at least on such a ground. Mr. Webster, in reply to Mr. Hayne’s remark, that he wished without delay to return his shot, said, “Let the discussion proceed; I am ready now to receive the gentleman’s fire.”
Mr. Benton then addressed the Senate for about an hour, in conclusion of the speech which he had commenced the day before. At the close of Mr. Benton’s argument, Mr. Bell of New Hampshire moved that the further consideration of the subject should be postponed till Monday, but the motion was negatived. Mr. Hayne then took the floor, and spoke for about an hour in reply to Mr. Webster’s remarks of the preceding day. Before he had concluded his argument, the Senate adjourned till Monday. On that day, January the 25th, he spoke for two hours and a half, and completed his speech. Mr. Webster immediately rose to reply, but the day was far advanced, and he yielded to a motion for adjournment.
The second speech of Mr. Hayne, to which Mr. Webster was now called upon to reply, was still more strongly characterized than the first with severity, not to say bitterness, towards the Eastern States. The tone toward Mr. Webster personally was not courteous. It bordered on the offensive. It was difficult not to find in both of the speeches of the Senator from South Carolina the indication of a preconceived purpose to hold up xcii New England, and Mr. Webster as her most distinguished representative, to public odium. In his second speech, Mr. Hayne reaffirmed and urged those constitutional opinions which are usually known as the doctrines of Nullification; that is to say, the assumed right of a State, when she deems herself oppressed by an unconstitutional act of Congress, to declare by State ordinance the act of Congress null and void, and discharge the citizens of the State from the duty of obedience.
Such being the character of Mr. Hayne’s speech, Mr. Webster had three objects to accomplish in his answer. The first was to repel the personalities toward himself, which formed one of the most prominent features of Mr. Hayne’s speech. This object was accomplished by a few retaliatory strokes, in which the severest sarcasm was so mingled with unaffected good humor and manly expostulation, as to carry captive the sympathy of the audience. The vindication of the Eastern States generally, and of Massachusetts in particular, was the second object, and was pursued in a still higher strain. When it was finished, no one probably regretted more keenly than the accomplished antagonist the easy credence which he had lent to the purveyors of forgotten scandal, some of whom were present, and felt grateful for their obscurity.
The third and far the more important object with Mr. Webster was the constitutional argument, in which he asserted the character of our political system as a government established by the people of the United States, in contradistinction to a compact between the separate States; and exposed the fallacy of attempting to turn the natural right of revolution against the government into a right reserved under the Constitution to overturn the government itself.
Several chapters of the interesting work of Mr. March, already referred to,15 are devoted to the subject of this debate; and we have thought that we could in no way convey to the reader so just and distinct an impression of the effect of Mr. Webster’s speech at the time of its delivery, as by borrowing largely from his animated pages.
“It was on Tuesday, January the 26th, 1830,—a day to be hereafter for ever memorable in Senatorial annals,—that the Senate resumed the xciii consideration of Foot’s resolution. There never was before, in the city, an occasion of so much excitement. To witness this great intellectual contest, multitudes of strangers had for two or three days previous been rushing into the city, and the hotels overflowed. As early as 9 o’clock of this morning, crowds poured into the Capitol, in hot haste; at 12 o’clock, the hour of meeting, the Senate-chamber—its galleries, floor, and even lobbies—was filled to its utmost capacity. The very stairways were dark with men, who clung to one another, like bees in a swarm.
“The House of Representatives was early deserted. An adjournment would have hardly made it emptier. The Speaker, it is true, retained his chair, but no business of moment was, or could be, attended to. Members all rushed in to hear Mr. Webster, and no call of the House or other parliamentary proceedings could compel them back. The floor of the Senate was so densely crowded, that persons once in could not get out, nor change their position; in the rear of the Vice-Presidential chair, the crowd was particularly intense. Dixon H. Lewis, then a Representative from Alabama, became wedged in here. From his enormous size, it was impossible for him to move without displacing a vast portion of the multitude. Unfortunately, too, for him, he was jammed in directly behind the chair of the Vice-President, where he could not see, and hardly hear, the speaker. By slow and laborious effort, pausing occasionally to breathe, he gained one of the windows, which, constructed of painted glass, flank the chair of the Vice-President on either side. Here he paused, unable to make more headway. But determined to see Mr. Webster as he spoke, with his knife he made a large hole in one of the panes of the glass; which is still visible as he made it. Many were so placed as not to be able to see the speaker at all.
“The courtesy of Senators accorded to the fairer sex room on the floor—the most gallant of them, their own seats. The gay bonnets and brilliant dresses threw a varied and picturesque beauty over the scene, softening and embellishing it.
“Seldom, if ever, has speaker in this or any other country had more powerful incentives to exertion; a subject, the determination of which involved the most important interests, and even duration, of the republic; competitors, unequalled in reputation, ability, or position; a name to make still more glorious, or lose for ever; and an audience, comprising not only persons of this country most eminent in intellectual greatness, but representatives of other nations, where the art of eloquence had flourished for ages. All the soldier seeks in opportunity was here.
“Mr. Webster perceived, and felt equal to, the destinies of the moment. The very greatness of the hazard exhilarated him. His spirits rose with the occasion. He awaited the time of onset with a stern and impatient xciv joy. He felt like the war-horse of the Scriptures, who ‘paweth in the valley, and rejoiceth in his strength: who goeth on to meet the armed men,—who saith among the trumpets, Ha, ha! and who smelleth the battle afar off, the thunder of the captains and the shouting.’
“A confidence in his own resources, springing from no vain estimate of his power, but the legitimate offspring of previous severe mental discipline, sustained and excited him. He had gauged his opponents, his subject, and himself.
“He was, too, at this period, in the very prime of manhood. He had reached middle age,—an era in the life of man when the faculties, physical or intellectual, may be supposed to attain their fullest organization and most perfect development. Whatever there was in him of intellectual energy and vitality, the occasion, his full life, and high ambition might well bring forth.
“He never rose on an ordinary occasion to address an ordinary audience more self-possessed. There was no tremulousness in his voice nor manner; nothing hurried, nothing simulated. The calmness of superior strength was visible everywhere; in countenance, voice, and bearing. A deep-seated conviction of the extraordinary character of the emergency, and of his ability to control it, seemed to possess him wholly. If an observer, more than ordinarily keen-sighted, detected at times something like exultation in his eye, he presumed it sprang from the excitement of the moment, and the anticipation of victory.
“The anxiety to hear the speech was so intense, irrepressible, and universal, that no sooner had the Vice-President assumed the chair, than a motion was made, and unanimously carried, to postpone the ordinary preliminaries of Senatorial action, and to take up immediately the consideration of the resolution.
“Mr. Webster rose and addressed the Senate. His exordium is known by heart everywhere: ‘Mr. President, when the mariner has been tossed, for many days, in thick weather, and on an unknown sea, he naturally avails himself of the first pause in the storm, the earliest glance of the sun, to take his latitude, and ascertain how far the elements have driven him from his true course. Let us imitate this prudence, and, before we float farther on the waves of this debate, refer to the point from which we departed, that we may at least be able to conjecture where we now are. I ask for the reading of the resolution before the Senate.’
“There wanted no more to enchain the attention. There was a spontaneous, though silent, expression of eager approbation, as the orator concluded these opening remarks. And while the clerk read the resolution, many attempted the impossibility of getting nearer the speaker. Every head was inclined closer towards him, every ear turned in the direction of his voice, and that deep, sudden, mysterious silence followed, which xcv always attends fulness of emotion. From the sea of upturned faces before him, the orator beheld his thoughts reflected as from a mirror. The varying countenance, the suffused eye, the earnest smile, the ever-attentive look, assured him of his audience’s entire sympathy. If among his hearers there were those who affected at first an indifference to his glowing thoughts and fervent periods, the difficult mask was soon laid aside, and profound, undisguised, devoted attention followed. In the earlier part of his speech, one of his principal opponents seemed deeply engrossed in the careful perusal of a newspaper he held before his face; but this, on nearer approach, proved to be upside down. In truth, all, sooner or later, voluntarily, or in spite of themselves, were wholly carried away by the eloquence of the orator.
“Those who had doubted Mr. Webster’s ability to cope with and overcome his opponents were fully satisfied of their error before he had proceeded far in his speech. Their fears soon took another direction. When they heard his sentences of powerful thought, towering in accumulative grandeur, one above the other, as if the orator strove, Titan-like, to reach the very heavens themselves, they were giddy with an apprehension that he would break down in his flight. They dared not believe that genius, learning, and intellectual endowment however uncommon, that was simply mortal, could sustain itself long in a career seemingly so perilous. They feared an Icarian fall.
“What New England heart was there but throbbed with vehement, tumultuous, irrepressible emotion, as he dwelt upon New England sufferings, New England struggles, and New England triumphs during the war of the Revolution? There was scarcely a dry eye in the Senate; all hearts were overcome; grave judges and men grown old in dignified life turned aside their heads, to conceal the evidences of their emotion.
“In one corner of the gallery was clustered a group of Massachusetts men. They had hung from the first moment upon the words of the speaker, with feelings variously but always warmly excited, deepening in intensity as he proceeded. At first, while the orator was going through his exordium, they held their breath and hid their faces, mindful of the savage attack upon him and New England, and the fearful odds against him, her champion;—as he went deeper into his speech, they felt easier; when he turned Hayne’s flank on Banquo’s ghost, they breathed freer and deeper. But now, as he alluded to Massachusetts, their feelings were strained to the highest tension; and when the orator, concluding his encomium of the land of their birth, turned, intentionally or otherwise, his burning eye full upon them, they shed tears like girls!
“No one who was not present can understand the excitement of the scene. No one who was, can give an adequate description of it. No word-painting can convey the deep, intense enthusiasm, the reverential attention, of that vast assembly, nor limner transfer to canvas their earnest, eager, awe-struck countenances. Though language were as subtile and flexible as thought, it still would be impossible to represent the full idea of the scene. There is something intangible in an emotion, which cannot be transferred. The nicer shades of feeling elude pursuit. Every description, therefore, of the occasion, seems to the narrator himself most tame, spiritless, unjust.
“Much of the instantaneous effect of the speech arose, of course, from the orator’s delivery,—the tones of his voice, his countenance, and manner. These die mostly with the occasion that calls them forth; the impression is lost in the attempt at transmission from one mind to another. They can only be described in general terms. ‘Of the effectiveness of Mr. Webster’s manner in many parts,’ says Mr. Everett, ‘it would be in vain to attempt to give any one not present the faintest idea. It has been my fortune to hear some of the ablest speeches of the greatest living orators on both sides of the water, but I must confess I never heard any thing which so completely realized my conception of what Demosthenes was when he delivered the Oration for the Crown.’
“The variety of incident during the speech, and the rapid fluctuation of passions, kept the audience in continual expectation and ceaseless agitation. There was no chord of the heart the orator did not strike, as with a master-hand. The speech was a complete drama of comic and pathetic scenes; one varied excitement; laughter and tears gaining alternate victory.
“A great portion of the speech is strictly argumentative; an exposition of constitutional law. But grave as such portion necessarily is, severely logical, abounding in no fancy or episode, it engrossed throughout the undivided attention of every intelligent hearer. Abstractions, under the glowing genius of the orator, acquired a beauty, a vitality, a power to thrill the blood and enkindle the affections, awakening into earnest activity many a dormant faculty. His ponderous syllables had an energy, a vehemence of meaning in them, that fascinated, while they startled. His thoughts in their statuesque beauty merely would have gained all critical judgment; but he realized the antique fable, and warmed the marble into life. There was a sense of power in his language,—of power withheld and suggestive of still greater power,—that subdued, as by a spell of mystery, the hearts of all. For power, whether intellectual or physical, produces in its earnest development a feeling closely allied to awe. It was never more felt than on this occasion. It xcvii had entire mastery. The sex which is said to love it best, and abuse it most, seemed as much or more carried away than the sterner one. Many who had entered the hall with light, gay thoughts, anticipating at most a pleasurable excitement, soon became deeply interested in the speaker and his subject; surrendered him their entire heart; and when the speech was over, and they left the hall, it was with sadder, perhaps, but surely with far more elevated and ennobling emotions.
“The exulting rush of feeling with which he went through the peroration threw a glow over his countenance, like inspiration. Eye, brow, each feature, every line of the face, seemed touched, as with a celestial fire.
“The swell and roll of his voice struck upon the ears of the spellbound audience, in deep and melodious cadence, as waves upon the shore of the ‘far-resounding’ sea. The Miltonic grandeur of his words was the fit expression of his thought, and raised his hearers up to his theme. His voice, exerted to its utmost power, penetrated every recess or corner of the Senate,—penetrated even the ante-rooms and stairways, as he pronounced in deepest tones of pathos these words of solemn significance: ‘When my eyes shall be turned to behold, for the last time, the sun in heaven, may I not see him shining on the broken and dishonored fragments of a once glorious Union; on States dissevered, discordant, belligerent; on a land rent with civil feuds, or drenched, it may be, in fraternal blood! Let their last feeble and lingering glance rather behold the gorgeous ensign of the republic, now known and honored throughout the earth, still full high advanced, its arms and trophies streaming in their original lustre, not a stripe erased or polluted, nor a single star obscured, bearing for its motto, no such miserable interrogatory as, “What is all this worth?” nor those other words of delusion and folly, “Liberty first and Union afterwards”; but everywhere, spread all over in characters of living light, blazing on all its ample folds, as they float over the sea and over the land, and in every wind under the whole heavens, that other sentiment, dear to every American heart,—Liberty and Union, now and for ever, one and inseparable!’
“The speech was over, but the tones of the orator still lingered upon the ear, and the audience, unconscious of the close, retained their positions. The agitated countenance, the heaving breast, the suffused eye, attested the continued influence of the spell upon them. Hands that, in the excitement of the moment, had sought each other, still remained closed in an unconscious grasp. Eye still turned to eye, to receive and repay mutual sympathy; and everywhere around seemed forgetfulness of all but the orator’s presence and words.”—pp. 132-148.
After having spoken about three hours on the 26th of January, Mr. Webster gave way for an adjournment. He resumed and concluded the speech on the following day. During most of the time that he was speaking, Mr. Hayne occupied himself in taking notes, and rose to reply at the conclusion of Mr. Webster’s argument. An adjournment was proposed by one of Mr. Hayne’s friends, but he wisely determined to terminate all that he intended to say on the subject upon the spot. He accordingly addressed the Senate for about half an hour upon the constitutional question which formed the most important portion of Mr. Webster’s speech. These remarks of Mr. Hayne were, in the newspaper report, expanded into an elaborate argument, which occupies nineteen pages in the register of Congressional debates. When Mr. Hayne sat down, Mr. Webster, in turn, rose to make a brief rejoinder. “The gentleman,” said he, “has in vain attempted to reconstruct his shattered argument”; and this formidable exordium was followed up by a brief restatement of his own argument, which, for condensation, precision, and force, may be referred to as a specimen of parliamentary logic never surpassed. The art of reasoning on moral questions can go no further.
Thus terminated the day’s great work. In the evening the Senatorial champions met at a friend’s house, and exchanged those courteous salutations which mitigate the asperity of political collision, and prevent the conflicts of party from embittering social life.
The sensation produced by the great debate on those who heard it was but the earnest of its effect on the country at large. The length of Mr. Webster’s speech did not prevent its being copied into the leading newspapers throughout the country. It was the universal theme of conversation. Letters of acknowledgment and congratulation from the most distinguished individuals, from politicians retired from active life, from entire strangers, from persons not sympathizing with all Mr. Webster’s views, from distant parts of the Union, were addressed to him by every mail. Immense editions of the speech in a pamphlet form were called for. A proposal was made to the friends of Mr. Hayne to unite in the publication of a joint edition of the two speeches for general circulation throughout the country, but this offer was declined. Mr. Webster’s xcix friends in Boston published a pamphlet edition of the speeches of Mr. Hayne and Mr. Webster. It is no exaggeration to say, that throughout the country Mr. Webster’s speech was regarded, not only as a brilliant and successful personal defence and a triumphant vindication of New England, but as a complete overthrow of the dangerous constitutional heresies which had menaced the stability of the Union.
In this light it was looked upon by a large number of the most distinguished citizens of New York, who took occasion to offer Mr. Webster the compliment of a public dinner the following winter. Circumstances delayed the execution of their purpose till some time had elapsed from the delivery of the speech, but the recollection of it was vivid, and it was referred to by Chancellor Kent, the president of the day, as the service especially demanding the grateful recognition of the country. After alluding to the debate on Foot’s resolution and to the character of Mr. Webster’s speech, the venerable Chancellor added:—
“The consequences of that discussion have been extremely beneficial. It turned the attention of the public to the great doctrines of national rights and national union. Constitutional law ceased to remain wrapped up in the breasts, and taught only by the responses, of the living oracles of the law. Socrates was said to have drawn down philosophy from the skies, and scattered it among the schools. It may with equal truth be said that constitutional law, by means of those senatorial discussions and the master genius that guided them, was rescued from the archives of our tribunals and the libraries of our lawyers, and placed under the eye and submitted to the judgment of the American people. Their verdict is with us, and from it there lies no appeal.”16
With respect to Mr. Foot’s resolution it may be observed, that it continued before the Senate a long time, a standing subject of discussion. One half at least of the members of the Senate took part in the debate, which daily assumed a wider range and wandered farther from the starting-point. Many speeches were made which, under other circumstances, would have attracted notice, but the interest of the controversy expired with the great effort of the 26th and 27th of January. At length, on the 21st of May, a motion for indefinite postponement, c submitted by Mr. Webster at the close of his first speech, prevailed, and thus the whole discussion ended.
It may be worthy of remark, that Mr. Webster’s speech was taken in short-hand by Mr. Gales, the veteran editor of the National Intelligencer, a stenographer of great experience and skill. It was written out in common hand by a member of his family, and sent to Mr. Webster for correction. It remained in his hands for that purpose a part of one day, and then went to the press.
A young and gifted American artist,17 whose talents had been largely put in requisition by King Louis Philippe to adorn the walls of Versailles, conceived a few years ago the happy idea of a grand historical picture of this debate. On a canvas of the largest size he has nobly delineated the person of the principal individual in the act of replying to Mr. Hayne, with those of his colleagues in the Senate. The passages and galleries of the Senate-Chamber are filled with attentive listeners of both sexes. Above a hundred accurate studies from life give authenticity to a work in which posterity will find the sensible presentment of this great intellectual effort.
12
This case is known as that of Carver’s Lessees against John Jacob Astor, and is reported in 4 Peters, I.
13
Mr. Chambers referred to the case in court just mentioned, in which Mr. Webster was engaged, and in which the argument had already begun.
14
Mr. Hayne subsequently disclaimed having used this word.
15
Reminiscences of Congress.
16
Chancellor Kent’s remarks are given entire in the introduction to Mr. Webster’s Speech at the New York Dinner, Vol. I. p. 194.
17
Mr. Geo. P. A. Healey.