Daniel Webster

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.

CHAPTER III.

THE DARTMOUTH COLLEGE CASE.—MR. WEBSTER AS A LAWYER

There is a vague tradition that when Mr. Webster took up his residence in Boston, some of the worthies of that ancient Puritan town were disposed at first to treat him rather cavalierly and make him understand that because he was great in New Hampshire it did not follow that he was also great in Massachusetts. They found very quickly, however, that it was worse than useless to attempt anything of this sort with a man who, by his mere look and presence whenever he entered a room, drew all eyes to himself and hushed the murmur of conversation. It is certain that Mr. Webster soon found himself the friend and associate of all the agreeable and distinguished men of the town, and that he rapidly acquired that general popularity which, in those days, went with him everywhere. It is also certain that he at once and without effort assumed the highest position at the bar as the recognized equal of its most eminent leaders. With an income increased tenfold and promising still further enlargement, a practice in which one fee probably surpassed the earnings of three months in New Hampshire, with an agreeable society about him, popular abroad, happy and beloved at home, nothing could have been more auspicious than these opening years of his life in Boston.

The period upon which he then entered, and during which he withdrew from active public service to devote himself to his profession, was a very important one in his career. It was a period marked by a rapid intellectual growth and by the first exhibition of his talents on a large scale. It embraces, moreover, two events, landmarks in the life of Mr. Webster, which placed him before the country as one of the first and the most eloquent of her constitutional lawyers, and as the great master in the art of occasional oratory. The first of these events was the argument in the Dartmouth College case; the second was the delivery of the Plymouth oration.