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DANIEL WEBSTER
CHAPTER II.
LAW AND POLITICS IN NEW HAMPSHIRE
ОглавлениеThe occasion of Mr. Webster's first appearance in court has been the subject of varying tradition. It is certain, however, that in the counties where he practised during his residence at Boscawen, he made an unusual and very profound impression. The effect then produced is described in homely phrase by one who knew him well. The reference is to a murder trial, in which Mr. Webster gained his first celebrity.
"There was a man tried for his life, and the judges chose Webster to plead for him; and, from what I can learn, he never has spoken better than he did there where he first began. He was a black, raven-haired fellow, with an eye as black as death's, and as heavy as a lion's,—that same heavy look, not sleepy, but as if he didn't care about anything that was going on about him or anything anywhere else. He didn't look as if he was thinking about anything, but as if he would think like a hurricane if he once got waked up to it. They say the lion looks so when he is quiet…. Webster would sometimes be engaged to argue a case just as it was coming to trial. That would set him to thinking. It wouldn't wrinkle his forehead, but made him restless. He would shift his feet about, and run his hand up over his forehead, through his Indian-black hair, and lift his upper lip and show his teeth, which were as white as a hound's."
Of course the speech so admired then was infinitely below what was done afterwards. The very next was probably better, for Mr. Webster grew steadily. This observer, however, tells us not what Mr. Webster said, but how he looked. It was the personal presence which dwelt with every one at this time.
Thus with his wonderful leonine look and large, dark eyes, and with the growing fame which he had won, Mr. Webster betook himself to Portsmouth. He had met some of the leading lawyers already, but now he was to be brought into direct and almost daily competition with them. At that period in New England there was a great rush of men of talent to the bar, then casting off its colonial fetters and emerging to an independent life. The pulpit had ceased to attract, as of old; medicine was in its infancy; there were none of the other manifold pursuits of to-day, and politics did not offer a career apart. Outside of mercantile affairs, therefore, the intellectual forces of the old Puritan commonwealths, overflowing with life, and feeling the thrill of youthful independence and the confidence of rapid growth in business, wealth, and population, were concentrated in the law. Even in a small State like New Hampshire, presenting very limited opportunities, there was, relatively speaking, an extraordinary amount of ability among the members of the bar, notwithstanding the fact that they had but just escaped from the condition of colonists. Common sense was the divinity of both the courts and the profession. The learning was not extensive or profound, but practical knowledge, sound principles, and shrewd management were conspicuous. Jeremiah Smith, the Chief Justice, a man of humor and cultivation, was a well read and able judge; George Sullivan was ready of speech and fertile in expedients; and Parsons and Dexter of Massachusetts, both men of national reputation, appeared from time to time in the New Hampshire courts. Among the most eminent was William Plumer, then Senator, and afterwards Governor of the State, a well-trained, clear-headed, judicious man. He was one of Mr. Webster's early antagonists, and defeated him in their first encounter. Yet at the same time, although a leader of the bar and a United States Senator, he seems to have been oppressed with a sense of responsibility and even of inequality by this thin, black-eyed young lawyer from the back country. Mr. Plumer was a man of cool and excellent judgment, and he thought that Mr. Webster on this occasion was too excursive and declamatory. He also deemed him better fitted by mind and temperament for politics than for the law, an opinion fully justified in the future, despite Mr. Webster's eminence at the bar. In another case, where they were opposed, Mr. Plumer quoted a passage from Peake's "Law of Evidence." Mr. Webster criticised the citation as bad law, pronounced the book a miserable two-penny compilation, and then, throwing it down with a fine disdain, said, "So much for Mr. Thomas Peake's compendium of the 'Law of Evidence.'" Such was his manner that every one present appeared to think the point settled, and felt rather ashamed of ever having heard of Mr. Peake or his unfortunate book. Thereupon Mr. Plumer produced a volume of reports by which it appeared that the despised passage was taken word for word from one of Lord Mansfield's decisions. The wretched Peake's character was rehabilitated, and Mr. Webster silenced. This was an illustration of a failing of Mr. Webster at that time. He was rough and unceremonious, and even overbearing, both to court and bar, the natural result of a new sense of power in an inexperienced man. This harshness of manner, however, soon disappeared. He learned rapidly to practise the stately and solemn courtesy which distinguished him through life.
There was one lawyer, however, at the head of his profession in New Hampshire, who had more effect upon Mr. Webster than any other whom he ever met there or elsewhere. This was the man to whom the Shaker said: "By thy size and thy language1 I judge that thou art Jeremiah Mason." Mr. Mason was one of the greatest common-lawyers this country has ever produced. Keen and penetrating in intellect, he was master of a relentless logic and of a style which, though simple and homely, was clear and correct to the last point. Slow and deliberate in his movements, and sententious in his utterances, he dealt so powerfully with evidence and so lucidly with principles of law that he rarely failed to carry conviction to his hearers. He was particularly renowned for his success in getting verdicts. Many years afterwards Mr. Webster gave it as his deliberate opinion that he had never met with a stronger intellect, a mind of more native resources or quicker and deeper vision than were possessed by Mr. Mason, whom in mental reach and grasp and in closeness of reasoning he would not allow to be second even to Chief Justice Marshall. Mr. Mason on his side, with his usual sagacity, at once detected the great talents of Mr. Webster. In the first case where they were opposed, a murder trial, Mr. Webster took the place of the Attorney-General for the prosecution. Mr. Mason, speaking of the impression made by his youthful and then unknown opponent, said:—
"He broke upon me like a thunder shower in July, sudden, portentous, sweeping all before it. It was the first case in which he appeared at our bar; a criminal prosecution in which I had arranged a very pretty defence, as against the Attorney-General, Atkinson, who was able enough in his way, but whom I knew very well how to take. Atkinson being absent, Webster conducted the case for him, and turned, in the most masterly manner, the line of my defences, carrying with him all but one of the jurors, so that I barely saved my client by my best exertions. I was nevermore surprised than by this remarkable exhibition of unexpected power. It surpassed, in some respects, anything which I have ever since seen even in him."
With all his admiration for his young antagonist, however, one cannot help noticing that the generous and modest but astute counsel for the defence ended by winning his case.
Fortune showered many favors upon Mr. Webster, but none more valuable than that of having Jeremiah Mason as his chief opponent at the New Hampshire bar. Mr. Mason had no spark of envy in his composition. He not only regarded with pleasure the great abilities of Mr. Webster, but he watched with kindly interest the rapid rise which soon made this stranger from the country his principal competitor and the champion commonly chosen to meet him in the courts. He gave Mr. Webster his friendship, staunch and unvarying, until his death; he gave freely also of his wisdom and experience in advice and counsel. Best of all was the opportunity of instruction and discipline which Mr. Webster gained by repeated contests with such a man. The strong qualities of Mr. Webster's mind rapidly developed by constant practice and under such influences. He showed more and more in every case his wonderful instinct for seizing on the very heart of a question, and for extricating the essential points from the midst of confused details and clashing arguments. He displayed, too, more strongly every day his capacity for close, logical reasoning and for telling retort, backed by a passion and energy none the less effective from being but slowly called into activity. In a word, the unequalled power of stating facts or principles, which was the predominant quality of Mr. Webster's genius, grew steadily with a vigorous vitality while his eloquence developed in a similar striking fashion. Much of this growth and improvement was due to the sharp competition and bright example of Mr. Mason. But the best lesson that Mr. Webster learned from his wary yet daring antagonist was in regard to style. When he saw Mr. Mason go close to the jury box, and in a plain style and conversational manner, force conviction upon his hearers, and carry off verdict after verdict, Mr. Webster felt as he had never done before the defects of his own modes of expression. His florid phrases looked rather mean, insincere, and tasteless, besides being weak and ineffective. From that time he began to study simplicity and directness, which ended in the perfection of a style unsurpassed in modern oratory. The years of Mr. Webster's professional life in Portsmouth under the tuition of Mr. Mason were of inestimable service to him.
Early in this period, also, Mr. Webster gave up his bachelor existence, and made for himself a home. When he first appeared at church in Portsmouth the minister's daughter noted and remembered his striking features and look, and regarded him as one with great capacities for good or evil. But the interesting stranger was not destined to fall a victim to any of the young ladies of Portsmouth. In the spring of 1808 he slipped away from his new friends and returned to Salisbury, where, in May, he was married. The bride he brought back to Portsmouth was Grace Fletcher, daughter of the minister of Hopkinton. Mr. Webster is said to have seen her first at church in Salisbury, whither she came on horseback in a tight-fitting black velvet dress, and looking, as he said, "like an angel." She was certainly a very lovely and charming woman, of delicate and refined sensibilities and bright and sympathetic mind. She was a devoted wife, the object of her husband's first and strongest love, and the mother of his children. It is very pleasant to look at Mr. Webster in his home during these early years of his married life. It was a happy, innocent, untroubled time. He was advancing in his profession, winning fame and respect, earning a sufficient income, blessed in his domestic relations, and with his children growing up about him. He was social by nature, and very popular everywhere. Genial and affectionate in disposition, he attached everybody to him, and his hearty humor, love of mimicry, and fund of anecdote made him a delightful companion, and led Mr. Mason to say that the stage had lost a great actor in Webster.
But while he was thus enjoying professional success and the contented happiness of his fireside, he was slowly but surely drifting into the current of politics, whither his genius led him, and which had for him an irresistible attraction. Mr. Webster took both his politics and his religion from his father, and does not appear to have questioned either. He had a peculiarly conservative cast of mind. In an age of revolution and scepticism he showed no trace of the questioning spirit which then prevailed. Even in his earliest years he was a firm believer in existing institutions, in what was fixed and established. He had a little of the disposition of Lord Thurlow, who, when asked by a dissenter why, being a notorious free-thinker, he so ardently supported the Established Church, replied: "I support the Church of England because it is established. Establish your religion, and I'll support that." But if Mr. Webster took his religion and politics from his father in an unquestioning spirit, he accepted them in a mild form. He was a liberal Federalist because he had a wide mental vision, and by nature took broad views of everything. His father, on the other hand, was a rigid, intolerant Federalist of a thorough-going Puritan type. Being taken ill once in a town of Democratic proclivities, he begged to be carried home. "I was born a Federalist," he said, "I have lived a Federalist, and I won't die in a Democratic town." In the same way Ezekiel Webster's uncompromising Federalism shut him out from political preferment, and he would never modify his principles one jot in order to gain the seat in Congress which he might easily have obtained by slight concessions. The broad and liberal spirit of Daniel Webster rose superior to the rigid and even narrow opinions of his father and brother, but perhaps it would have been better for him if he had had in addition to his splendid mind the stern, unbending force of character which made his father and brother stand by their principles with immovable Puritan determination. Liberal as he was, however, in his political opinions, the same conservative spirit which led him to adopt his creed made him sustain it faithfully and constantly when he had once accepted it. He was a steady and trusted party man, although neither then nor at any time a blind, unreasoning partisan.
Mr. Webster came forward gradually as a political leader by occasional addresses and speeches, at first with long intervals between them, and then becoming more frequent, until at last he found himself fairly engaged in a public career. In 1804, at the request of some of his father's friends, he published a pamphlet, entitled, "An Appeal to Old Whigs," in the interest of Gilman, the Federal candidate for governor. He seems to have had a very poor opinion of this performance, and his interest in the success of the party at that juncture was very slight. In 1805 he delivered a Fourth of July oration at Salisbury, which has not been preserved; and in the following year he gave another before the "Federal gentlemen" of Concord, which was published. The tone of this speech is not very partisan, nor does it exhibit the bitter spirit of the Federalists, although he attacked the administration, was violent in urging the protection of commerce, and was extremely savage in his remarks about France. At times the style is forcible, and even rich, but, as a rule, it is still strained and artificial. The oration begins eagerly with an appeal for the Constitution and the Republic, the ideas always uppermost in Mr. Webster's mind. As a whole, it shows a distinct improvement in form, but there are no marks of genius to raise it above the ordinary level of Fourth of July speeches. His next production was a little pamphlet, published in 1808, on the embargo, which was then paralyzing New England, and crushing out her prosperity. This essay is important because it is the first clear instance of that wonderful faculty which Mr. Webster had of seizing on the vital point of a subject, and bringing it out in such a way that everybody could see and understand it. In this case the point was the distinction between a temporary embargo and one of unlimited duration. Mr. Webster contended that the latter was unconstitutional. The great mischief of the embargo was in Jefferson's concealed intention that it should be unlimited in point of time, a piece of recklessness and deceit never fully appreciated until it had all passed into history. This Mr. Webster detected and brought out as the most illegal and dangerous feature of the measure, while he also discussed the general policy in its fullest extent. In 1809 he spoke before the Phi Beta Kappa Society, upon "The State of our Literature," an address without especial interest except as showing a very marked improvement in style, due, no doubt, to the influence of Mr. Mason.
During the next three years Mr. Webster was completely absorbed in the practice of his profession, and not until the declaration of war with England had stirred and agitated the whole country did he again come before the public. The occasion of his reappearance was the Fourth of July celebration in 1812, when he addressed the Washington Benevolent Society at Portsmouth. The speech was a strong, calm statement of the grounds of opposition to the war. He showed that "maritime defence, commercial regulations, and national revenue" were the very corner-stones of the Constitution, and that these great interests had been crippled and abused by the departure from Washington's policy. He developed, with great force, the principal and the most unanswerable argument of his party, that the navy had been neglected and decried because it was a Federalist scheme, when a navy was what we wanted above all things, and especially when we were drifting into a maritime conflict. He argued strongly in favor of a naval war, and measures of naval defence, instead of wasting our resources by an invasion of Canada. So far he went strictly with his party, merely invigorating and enforcing their well-known principles. But when he came to defining the proper limits of opposition to the war he modified very essentially the course prescribed by advanced Federalist opinions. The majority of that party in New England were prepared to go to the very edge of the narrow legal line which divides constitutional opposition from treasonable resistance. They were violent, bitter, and uncompromising in their language and purposes. From this Mr. Webster was saved by his breadth of view, his clear perceptions, and his intense national feeling. He says on this point:—
"With respect to the war in which we are now involved, the course which our principles require us to pursue cannot be doubtful. It is now the law of the land, and as such we are bound to regard it. Resistance and insurrection form no part of our creed. The disciples of Washington are neither tyrants in power nor rebels out. If we are taxed to carry on this war we shall disregard certain distinguished examples and shall pay. If our personal services are required we shall yield them to the precise extent of our constitutional liability. At the same time the world may be assured that we know our rights and shall exercise them. We shall express our opinions on this, as on every measure of the government,—I trust without passion, I am certain without fear. By the exercise of our constitutional right of suffrage, by the peaceable remedy of election, we shall seek to restore wisdom to our councils, and peace to our country."
This was a sensible and patriotic opposition. It represented the views of the moderate Federalists, and traced the lines which Mr. Webster consistently followed during the first years of his public life. The address concluded by pointing out the French trickery which had provoked the war, and by denouncing an alliance with French despotism and ambition.
This oration was printed, and ran at once through two editions. It led to the selection of Mr. Webster as a delegate to an assembly of the people of the county of Rockingham, a sort of mass convention, held in August, 1812. There he was placed on the committee to prepare the address, and was chosen to write their report, which was adopted and published. This important document, widely known at the time as the "Rockingham Memorial," was a careful argument against the war, and a vigorous and able presentation of the Federalist views. It was addressed to the President, whom it treated with respectful severity. With much skill it turned Mr. Madison's own arguments against himself, and appealed to public opinion by its clear and convincing reasoning. In one point the memorial differed curiously from the oration of a month before. The latter pointed to the suffrage as the mode of redress; the former distinctly hinted at and almost threatened secession even while it deplored a dissolution of the Union as a possible result of the administration's policy. In the one case Mr. Webster was expressing his own views, in the other he was giving utterance to the opinions of the members of his party among whom he stood. This little incident shows the susceptibility to outside influences which formed such an odd trait in the character of a man so imperious by nature. When acting alone, he spoke his own opinions. When in a situation where public opinion was concentrated against him, he submitted to modifications of his views with a curious and indolent indifference.
The immediate result to Mr. Webster of the ability and tact which he displayed at the Rockingham Convention was his election to the thirteenth Congress, where he took his seat in May, 1813. There were then many able men in the House. Mr. Clay was Speaker, and on the floor were John C. Calhoun, Langdon Cheves and William Lowndes of South Carolina, Forsyth and Troup of Georgia, Ingersoll of Pennsylvania, Grundy of Tennessee, and McLean of Ohio, all conspicuous in the young nationalist war party. Macon and Eppes were representatives of the old Jeffersonian Republicans, while the Federalists were strong in the possession of such leaders as Pickering of Massachusetts, Pitkin of Connecticut, Grosvenor and Benson of New York, Hanson of Maryland, and William Gaston of North Carolina. It was a House in which any one might have been glad to win distinction. That Mr. Webster was considered, at the outset, to be a man of great promise is shown by the fact that he was placed on the Committee on Foreign Relations, of which Mr. Calhoun was the head, and which, in the war time, was the most important committee of the House.
Mr. Webster's first act was a characteristic one. Early in June he introduced a set of resolutions calling upon the President for information as to the time and mode in which the repeal of the French decrees had been communicated to our government. His unerring sagacity in singling out the weak point in his enemy's armor and in choosing his own keenest weapon, was never better illustrated than on this occasion. We know now that in the negotiations for the repeal of the decrees, the French government tricked us into war with England by most profligate lying. It was apparent then that there was something wrong, and that either our government had been deceived, or had withheld the publication of the repealing decree until war was declared, so that England might not have a pretext for rescinding the obnoxious orders. Either horn of the dilemma, therefore, was disagreeable to the administration, and a disclosure could hardly fail to benefit the Federalists. Mr. Webster supported his resolutions with a terse and simple speech of explanation, so far as we can judge from the meagre abstract which has come down to us. The resolutions, however, were a firebrand, and lighted up an angry and protracted debate, but the ruling party, as Mr. Webster probably foresaw, did not dare to vote them down, and they passed by large majorities. Mr. Webster spoke but once, and then very briefly, during the progress of the debate, and soon after returned to New Hampshire. With the exception of these resolutions, he took no active part whatever in the business of the House beyond voting steadily with his party, a fact of which we may be sure because he was always on the same side as that staunch old partisan, Timothy Pickering.
After a summer passed in the performance of his professional duties, Mr. Webster returned to Washington. He was late in his coming, Congress having been in session nearly three weeks when he arrived to find that he had been dropped from the Committee on Foreign Relations. The dominant party probably discovered that he was a young man of rather too much promise and too formidable an opponent for such an important post. His resolutions had been answered at the previous session, after his departure, and the report, which consisted of a lame explanation of the main point, and an elaborate defence of the war, had been quietly laid aside. Mr. Webster desired debate on this subject, and succeeded in carrying a reference of the report to a committee of the whole, but his opponents prevented its ever coming to discussion. In the long session which ensued, Mr. Webster again took comparatively little part in general business, but he spoke oftener than before. He seems to have been reserving his strength and making sure of his ground. He defended the Federalists as the true friends of the navy, and he resisted with great power the extravagant attempt to extend martial law to all citizens suspected of treason. On January 14, 1814, he made a long and well reported speech against a bill to encourage enlistments. This is the first example of the eloquence which Mr. Webster afterwards carried to such high perfection. Some of his subsequent speeches far surpass this one, but they differ from it in degree, not in kind. He was now master of the style at which he aimed. The vehicle was perfected and his natural talent gave that vehicle abundance of thought to be conveyed. The whole speech is simple in form, direct and forcible. It has the elasticity and vigor of great strength, and glows with eloquence in some passages. Here, too, we see for the first time that power of deliberate and measured sarcasm which was destined to become in his hands such a formidable weapon. The florid rhetoric of the early days is utterly gone, and the thought comes to us in those short and pregnant sentences and in the choice and effective words which were afterwards so typical of the speaker. The speech itself was a party speech and a presentation of party arguments. It offered nothing new, but the familiar principles had hardly ever been stated in such a striking and impressive fashion. Mr. Webster attacked the war policy and the conduct of the war, and advocated defensive warfare, a navy, and the abandonment of the restrictive laws that were ruining our commerce, which had been the main cause of the adoption of the Constitution. The conclusion of this speech is not far from the level of Mr. Webster's best work. It is too long for quotation, but a few sentences will show its quality:—
"Give up your futile projects of invasion. Extinguish the fires that blaze on your inland frontier. Establish perfect safety and defence there by adequate force. Let every man that sleeps on your soil sleep in security. Stop the blood that flows from the veins of unarmed yeomanry and women and children. Give to the living time to bury and lament their dead in the quietness of private sorrow. Having performed this work of beneficence and mercy on your inland border, turn, and look with the eye of justice and compassion on your vast population along the coast. Unclench the iron grasp of your embargo. Take measures for that end before another sun sets…. Let it no longer be said that not one ship of force, built by your hands, yet floats upon the ocean…. If then the war must be continued, go to the ocean. If you are seriously contending for maritime rights, go to the theatre where alone those rights can be defended. Thither every indication of your fortune points you. There the united wishes and exertions of the nation will go with you. Even our party divisions, acrimonious as they are, cease at the water's edge."
Events soon forced the policy urged by Mr. Webster upon the administration, whose friends carried first a modification of the embargo, and before the close of the session introduced a bill for its total repeal. The difficult task of advocating this measure devolved upon Mr. Calhoun, who sustained his cause more ingeniously than ingenuously. He frankly admitted that restriction was a failure as a war measure, but he defended the repeal on the ground that the condition of affairs in Europe had changed since the restrictive policy was adopted. It had indeed changed since the embargo of 1807, but not since the imposition of that of 1813, which was the one under discussion.
Mr. Calhoun laid himself open to most unmerciful retorts, which was his misfortune, not his fault, for the embargo had been utterly and hopelessly wrong from the beginning. Mr. Webster, however, took full advantage of the opportunity thus presented. His opening congratulations are in his best vein of stately sarcasm, and are admirably put. He followed this up by a new argument of great force, showing the colonial spirit of the restrictive policy. He also dwelt with fresh vigor on the identification with France necessitated by the restrictive laws, a reproach which stung Mr. Calhoun and his followers more than anything else. He then took up the embargo policy and tore it to pieces,—no very difficult undertaking, but well performed. The shifty and shifting policy of the government was especially distasteful to Mr. Webster, with his lofty conception of consistent and steady statesmanship, a point which is well brought out in the following passage:—
"In a commercial country, nothing can be more objectionable than frequent and violent changes. The concerns of private business do not endure such rude shocks but with extreme inconvenience and great loss. It would seem, however, that there is a class of politicians to whose taste all change is suited, to whom whatever is unnatural seems wise, and all that is violent appears great…. The Embargo Act, the Non-Importation Act, and all the crowd of additions and supplements, together with all their garniture of messages, reports, and resolutions, are tumbling undistinguished into one common grave. But yesterday this policy had a thousand friends and supporters; to-day it is fallen and prostrate, and few 'so poor as to do it reverence.' Sir, a government which cannot administer the affairs of a nation without so frequent and such violent alterations in the ordinary occupations and pursuits of private life, has, in my opinion, little claim to the regard of the community."
All this is very characteristic of Mr. Webster's temperament in dealing with public affairs, and is a very good example of his power of dignified reproach and condemnation.
Mr. Calhoun had said at the close of his speech, that the repeal of the restrictive measures should not be allowed to affect the double duties which protected manufactures. Mr. Webster discussed this point at length, defining his own position, which was that of the New England Federalists, who believed in free trade as an abstract principle, and considered protection only as an expedient of which they wanted as little as possible. Mr. Webster set forth these views in his usual effective and lucid manner, but they can be considered more fitly at the period when he dealt with the tariff as a leading issue of the day and of his own public life.
Mr. Webster took no further action of importance at this session, not even participating in the great debate on the loan bill; but, by the manner in which these two speeches were referred to and quoted in Congress for many days after they were delivered, we can perceive the depth of their first impression. I have dwelt upon them at length because they are not in the collected edition of his speeches, where they well deserve a place, and, still more, because they are the first examples of his parliamentary eloquence which show his characteristic qualities and the action of his mind. Mr. Webster was a man of slow growth, not reaching his highest point until he was nearly fifty years of age, but these two speeches mark an advanced stage in his progress. The only fresh point that he made was when he declared that the embargo was colonial in spirit; and this thought proceeded from the vital principle of Mr. Webster's public life, his intense love for nationality and union, which grew with his growth and strengthened with his strength. In other respects, these speeches presented simply the arguments and opinions of his party. They fell upon the ear of Congress and the country with a new and ringing sound because they were stated so finely and with such simplicity. Certainly one of them, and probably both, were delivered without any immediate preparation, but they really had the preparation of years, and were the utterance of thoughts which had been garnered up by long meditation. He wisely confined himself at this time to a subject which had been long before his mind, and upon which he had gathered all the essential points by observation and by a study of the multitude of speeches and essays with which the country had been deluged. These early speeches, like some of the best of his prime, although nominally unprepared, were poured forth from the overflowing resources which had been the fruit of months of reflection, and which had been stored up by an unyielding memory. They had really been in preparation ever since the embargo pamphlet of 1808, and that was one reason for their ripeness and terseness, for their easy flow and condensed force. I have examined with care the debates in that Congress. There were many able and experienced speakers on the floor. Mr. Clay, it is true, took no part, and early in the session went to Europe. But Mr. Calhoun led in debate, and there were many others second only to him. Among all the speeches, however, Mr. Webster's stand out in sharp relief. His utterances were as clear and direct as those of Mr. Calhoun, but they had none of the South Carolinian's dryness. We can best judge of their merit and their effect by comparing them with those of his associates. They were not only forcible, but they were vivid also and full of life, and his words when he was roused fell like the blows of a hammer on an anvil. They lacked the polish and richness of his later efforts, but the force and power of statement and the purity of diction were all there, and men began to realize that one destined to great achievements had entered the field of American politics.
This was very apparent when Mr. Webster came back to Washington for the extra session called in September, 1814. Although he had made previously but two set speeches, and had taken comparatively little part in every-day debate, he was now acknowledged, after his few months of service, to be one of the foremost men in the House, and the strongest leader in his party. He differed somewhat at this time from the prevailing sentiment of the Federalists in New England, for the guiding principle of his life, his love of nationality, overrode all other influences. He discountenanced the measures which led to the Hartford Convention, and he helped to keep New Hampshire out of that movement; but it is an entire mistake to represent him as an independent Federalist at this period. The days of Mr. Webster's independent politics came later, when the Federalists had ceased to exist as a party and when no new ties had been formed. In the winter of 1814 and 1815, although, like many of the moderate Federalists, he disapproved of the separatist movement in New England, on all other party questions he acted consistently with the straitest of the sect. Sensibly enough, he did not consider the convention at Hartford, although he had nothing to do with it, either treasonable or seditious; and yet, much as he disliked its supposed purposes, he did not hesitate, in a speech on the Enlistment Bill, to use them as a threat to deter the administration from war measures. This was a favorite Federalist practice, gloomily to point out at this time the gathering clouds of domestic strife, in order to turn the administration back from war, that poor frightened administration of Mr. Madison, which had for months been clutching frantically at every straw which seemed to promise a chance of peace.
But although Mr. Webster went as steadily and even more strongly with his party in this session, he did more and better service than ever before, partly, perhaps, because on the questions which arose, his party was, in the main, entirely right. The strength of his party feeling is shown by his attitude in regard to the war taxes, upon which he made a quiet but effective speech. He took the ground that, as a member of the minority, he could not prevent the taxes nor stop hostilities, but he could protest against the war, its conduct, and its authors, by voting against the taxes. There is a nice question of political ethics here as to how far an opposition ought to go in time of national war and distress, but it is certainly impossible to give a more extreme expression to parliamentary opposition than to refuse the supplies at a most critical moment in a severe conflict. To this last extreme of party opposition to the administration, Mr. Webster went. It was as far as he could go and remain loyal to the Union. But there he stopped absolutely. With the next step, which went outside the Union, and which his friends at home were considering, he would have nothing to do, and he would not countenance any separatist schemes. In the national Congress, however, he was prepared to advance as far as the boldest and bitterest in opposition, and he either voted against the war taxes or abstained from voting on them, in company with the strictest partisans of the Pickering type.
There is no need to suppose from this that Mr. Webster had lost in the least the liberality or breadth of view which always characterized him. He was no narrower then than when he entered Congress, or than when he left it. He went with his party because he believed it to be right,—as at that moment it undoubtedly was. The party, however, was still extreme and bitter, as it had been for ten years, but Mr. Webster was neither. He went all lengths with his friends in Congress, but he did not share their intensity of feeling or their fierce hostility to individuals. The Federalists, for instance, as a rule had ceased to call upon Mr. Madison, but in such intolerance Mr. Webster declined to indulge. He was always on good terms with the President and with all the hostile leaders. His opposition was extreme in principle, but not in manner; it was vigorous and uncompromising, but also stately and dignified. It was part of his large and indolent nature to accept much and question little; to take the ideas most easy and natural to him, those of his friends and associates, and of his native New England, without needless inquiry and investigation. It was part of the same nature, also, to hold liberal views after he had fairly taken sides, and never, by confounding individuals with principles and purposes, to import into politics the fiery, biting element of personal hatred and malice.
His position in the House once assured, we find Mr. Webster taking a much more active part in the daily debates than before. On these occasions we hear of his "deliberate, conversational" manner, another of the lessons learned from Mr. Mason when that gentleman, standing so close to the jury-box that he could have "laid his finger on the foreman's nose," as Mr. Webster said, chatted easily with each juryman, and won a succession of verdicts. But besides the daily debate, Mr. Webster spoke at length on several important occasions. This was the case with the Enlistment Bill, which involved a forced draft, including minors, and was deemed unconstitutional by the Federalists. Mr. Webster had "a hand," as he puts it,—a strong one, we may be sure,—in killing "Mr. Monroe's conscription."
The most important measure, however, with which Mr. Webster was called to deal, and to which he gave his best efforts, was the attempt to establish a national bank. There were three parties in the House on this question. The first represented the "old Republican" doctrines, and was opposed to any bank. The second represented the theories of Hamilton and the Federalists, and favored a bank with a reasonable capital, specie-paying, and free to decide about making loans to the government. The third body was composed of members of the national war-party, who were eager for a bank merely to help the government out of its appalling difficulties. They, therefore, favored an institution of large capital, non-specie-paying, and obliged to make heavy loans to the government, which involved, of course, an irredeemable paper currency. In a word, there was the party of no bank, the party of a specie bank, and the party of a huge paper-money bank. The second of these parties, with which of course Mr. Webster acted, held the key of the situation. No bank could be established unless it was based on their principles. The first bill, proposing a paper-money bank, originated in the House, and was killed there by a strong majority, Mr. Webster making a long speech against it which has not been preserved. The next bill came from the Senate, and was also for a paper-money bank. Against this scheme Mr. Webster made a second elaborate speech, which is reprinted in his works. His genius for arranging and stating facts held its full strength in questions of finance, and he now established his reputation as a master in that difficult department of statesmanship. His recent studies of economical questions in late English works and in English history gave freshness to what he said, and in clearness of argument, in range of view, and wisdom of judgment, he showed himself a worthy disciple of the school of Hamilton. His argument proceeded on the truest economical and commercial principles, and was, indeed, unanswerable. He then took his stand as the foe of irredeemable paper, whether in war or peace, and of wild, unrestrained banking, a position from which he never wavered, and in support of which he rendered to the country some of his best service as a public man. The bill was defeated by the casting vote of the Speaker. When the result was announced, Mr. Calhoun was utterly overwhelmed. He cared little for the bank but deeply for the government, which, as it was not known that peace had been made, seemed to be on the verge of ruin. He came over to Mr. Webster, and, bursting into tears, begged the latter to aid in establishing a proper bank, a request which was freely granted.
The vote was then reconsidered, the bill recommitted and brought back, with a reduced capital, and freed from the government power to force loans and suspend specie payments. This measure was passed by a large majority, composed of the Federalists and the friends of the government, but it was the plan of the former which had prevailed. The President vetoed the bill for a variety of reasons, duly stated, but really, as Mr. Webster said, because a sound bank of this sort was not in favor with the administration. Another paper-money scheme was introduced, and the conflict began again, but was abruptly terminated by the news of peace, and on March 4 the thirteenth Congress came to an end.
The fourteenth Congress, to which he had been reëlected, Mr. Webster said many years afterward, was the most remarkable for talents of any he had ever seen. To the leaders of marked ability in the previous Congress, most of whom had been reëlected, several others were added. Mr. Clay returned from Europe to take again an active part. Mr. Pinkney, the most eminent practising lawyer in the country, recently Attorney-General and Minister to England, whom John Randolph, with characteristic insolence, "believed to be from Maryland," was there until his appointment to the Russian mission. Last, but not least, there was John Randolph himself, wildly eccentric and venomously eloquent,—sometimes witty, always odd and amusing, talking incessantly on everything, so that the reporters gave him up in despair, and with whom Mr. Webster came to a definite understanding before the close of the session.
Mr. Webster did not take his seat until February, being detained at the North by the illness of his daughter Grace. When he arrived he found Congress at work upon a bank bill possessing the same objectionable features of paper money and large capital as the former schemes which he had helped to overthrow. He began his attack upon this dangerous plan by considering the evil condition of the currency. He showed that the currency of the United States was sound because it was gold and silver, in his opinion the only constitutional medium, but that the country was flooded by the irredeemable paper of the state banks. Congress could not regulate the state banks, but they could force them to specie payments by refusing to receive any notes which were not paid in specie by the bank which issued them. Passing to the proposed national bank, he reiterated the able arguments which he had made in the previous Congress against the large capital, the power to suspend specie payments, and the stock feature of the bank, which he thought would lead to speculation and control by the state banks. This last point is the first instance of that financial foresight for which Mr. Webster was so remarkable, and which shows so plainly the soundness of his knowledge in regard to economical matters. A violent speculation in bank stock did ensue, and the first years of the new institution were troubled, disorderly, and anything but creditable. The opposition of Mr. Webster and those who thought with him, resulted in the reduction of the capital and the removal of the power to suspend specie payments. But although shorn of its most obnoxious features, Mr. Webster voted against the bill on its final passage on account of the participation permitted to the government in its management. He was quite right, but, after the bank was well established, he supported it as Lord Thurlow promised to do in regard to the dissenter's religion. Indeed, Mr. Webster ultimately so far lost his original dislike to this bank that he became one of its warmest adherents. The plan was defective, but the scheme, on the whole, worked better than had been expected.
Immediately after the passage of the bank bill, Mr. Calhoun introduced a bill requiring the revenue to be collected in lawful money of the United States. A sharp debate ensued, and the bill was lost. Mr. Webster at once offered resolutions requiring all government dues to be paid in coin, in Treasury notes, or in notes of the Bank of the United States. He supported these resolutions, thus daringly put forward just after the principle they involved had been voted down, in a speech of singular power, clear, convincing, and full of information and illustration. He elaborated the ideas contained in his previous remarks on the currency, displaying with great force the evils of irredeemable paper, and the absolute necessity of a sound currency based on specie payments. He won a signal victory by the passage of his resolutions, which brought about resumption, and, after the bank was firmly established, gave us a sound currency and a safe medium of exchange. This was one of the most conspicuous services ever rendered by Mr. Webster to the business interests and good government of the country, and he deserves the full credit, for he triumphed where Mr. Calhoun had just been defeated.
Mr. Webster took more or less part in all the questions which afterwards arose in the House, especially on the tariff, but his great efforts were those devoted to the bank and the currency. The only other incident of the session was an invitation to fight a duel sent him by John Randolph. This was the only challenge ever received by Mr. Webster. He never could have seemed a very happy subject for such missives, and, moreover, he never indulged in language calculated to provoke them. Randolph, however, would have challenged anybody or anything, from Henry Clay to a field-mouse, if the fancy happened to strike him. Mr. Webster's reply is a model of dignity and veiled contempt. He refused to admit Randolph's right to an explanation, alluded to that gentleman's lack of courtesy in the House, denied his right to call him out, and wound up by saying that he did not feel bound to risk his life at any one's bidding, but should "always be prepared to repel, in a suitable manner, the aggression of any man who may presume on this refusal." One cannot help smiling over this last clause, with its suggestion of personal violence, as the two men rise before the fancy,—the big, swarthy black-haired son of the northern hills, with his robust common sense, and the sallow, lean, sickly Virginia planter, not many degrees removed mentally from the patients in Bedlam.
In the affairs of the next session of the fourteenth Congress Mr. Webster took scarcely any part. He voted for Mr. Calhoun's internal improvement bill, although without entering the debate, and he also voted to pass the bill over Mr. Madison's veto. This was sound Hamiltonian Federalism, and in entire consonance with the national sentiments of Mr. Webster. On the constitutional point, which he is said to have examined with some care, he decided in accordance with the opinions of his party, and with the doctrine of liberal construction, to which he always adhered.
On March 4, 1817, the fourteenth Congress expired, and with it the term of Mr. Webster's service. Five years were to intervene before he again appeared in the arena of national politics. This retirement from active public life was due to professional reasons. In nine years Mr. Webster had attained to the very summit of his profession in New Hampshire. He was earning two thousand dollars a year, and in that hardy and poor community he could not hope to earn more. To a man with such great and productive talents, and with a growing family, a larger field had become an absolute necessity. In June, 1816, therefore, Mr. Webster removed from Portsmouth to Boston. That he gained by the change is apparent from the fact that the first year after his removal his professional income did not fall short of twenty thousand dollars. The first suggestion of the possibilities of wealth offered to his abilities in a suitable field came from his going to Washington. There, in the winter of 1813 and 1814, he was admitted to the bar of the Supreme Court of the United States, before which he tried two or three cases, and this opened the vista of a professional career, which he felt would give him verge and room enough, as well as fit remuneration. From this beginning the Supreme Court practice, which soon led to the removal to Boston, rapidly increased, until, in the last session of his term, it occupied most of his time. This withdrawal from the duties of Congress, however, was not due to a sacrifice of his time to his professional engagements, but to the depression caused by his first great grief, which must have rendered the noise and dust of debate most distasteful to him. Mr. and Mrs. Webster had arrived in Washington for this last session, in December, 1816, and were recalled to Boston by the illness of their little daughter Grace, who was their oldest child, singularly bright and precocious, with much of her father's look and talent, and of her mother's sensibility. She was a favorite with her father, and tenderly beloved by him. After her parents' return she sank rapidly, the victim of consumption. When the last hour was at hand, the child, rousing from sleep, asked for her father. He came, raised her upon his arm, and, as he did so, she smiled upon him and died. It is a little incident in the life of a great man, but a child's instinct does not err at such a moment, and her dying smile sheds a flood of soft light upon the deep and warm affections of Mr. Webster's solemn and reserved nature. It was the first great grief. Mr. Webster wept convulsively as he stood beside the dead, and those who saw that stately creature so wrung by anguish of the heart never forgot the sight.
Thus the period which began at Portsmouth in 1807 closed in Boston, in 1817, with the death of the eldest born. In that decade Mr. Webster had advanced with great strides from the position of a raw and youthful lawyer in a back country town of New Hampshire. He had reached the highest professional eminence in his own State, and had removed to a wider sphere, where he at once took rank with the best lawyers. He was a leading practitioner in the highest national court. During his two terms in Congress he had become a leader of his party, and had won a solid national reputation. In those years he had rendered conspicuous service to the business interests of the nation, and had established himself as one of the ablest statesmen of the country in matters of finance. He had defined his position on the tariff as a free-trader in theory and a very moderate protectionist when protection was unavoidable, a true representative of the doctrine of the New England Federalists. He had taken up his ground as the champion of specie payments and of the liberal interpretation of the Constitution, which authorized internal improvements. While he had not shrunk from extreme opposition to the administration during the war, he had kept himself entirely clear from the separatist sentiment of New England in the year 1814. He left Congress with a realizing sense of his own growing powers, and, rejoicing in his strength, he turned to his profession and to his new duties in his new home.
1
Mr. Mason, as is well known, was six feet seven inches in height, and his language, always very forcible and direct, was, when he was irritated, if we may trust tradition, at times somewhat profane.