Daniel Webster

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."