Part 21

While at Exeter he could hardly muster courage to speak before his class, but before he had finished his college course he had delivered addresses before the societies, which found their way into print. His diligence soon placed him at the head of his class, a position he maintained until the close of his college studies, graduating in 1801 with high honors.

Choosing law as his profession, he entered the law office of a friend and neighbor, Thomas Thompson, who afterwards became a congressman and eventually a senator. Mr. Webster remained here for some time when he left the office to become a teacher in Maine at a salary of $350 per year, which he enlarged somewhat by copying deeds. He afterwards returned to the office of Mr. Thompson where he remained until 1804, when he went to Boston and entered the office of Christopher Gove, who also distinguished himself afterwards as governor of Massachusetts.

He had previously helped his brother Ezekiel to prepare for college, and Daniel now in turn was helped to continue his law studies as Ezekiel was teaching. His opportunity to enter the office of Mr. Gove proved most fortunate, as he was thus enabled to study men, books and daily hear intelligent discussions on the topics of national interest.

In 1805 he was admitted to the bar, and established himself at Boscawen. He had been offered the clerkship of the Hillsboro County Court at a salary of $1,500 a year, which was then a large income, and he was urged to accept it by his father and other friends, but was dissuaded from so doing by Mr. Gove, who foresaw great honor in store for him at the bar. He practiced at Boscawen one year, when he was admitted to practice in the Superior Court of New Hampshire, and he established himself at Portsmouth, at that time the capital of the State. Here he rose to distinction among the most eminent counsellors. During his nine years residence in Portsmouth he gave his especial attention to constitutional law, becoming one of the soundest practitioners in the State.

He had inherited from his father the principles of the Federalist party, and, therefore, advocated them in speeches on public occasions, but did not for some years enter into politics. Mr. Webster came forward in a time when party spirit ran high, and the declaration of war in 1812, long deprecated by his party, created a demand for the best talent the country afforded. Mr. Webster now held a commanding reputation, and in 1812 he was sent to Congress. This was a most favorable time for Webster to enter Congress, as measures of the greatest importance were now to be discussed.

Henry Clay was speaker of the house, and placed this new member on a most important committee. June 10, 1813, he delivered his maiden speech on the repeal of the Berlin and Milan decrees. These decrees were a scheme of Napoleon's, avowedly directed against the commercial interests of Great Britain.

They closed all ports of France, and her allied countries against all vessels coming from England or any English colony. All commerce and correspondence was prohibited. All English merchandise was seized, and English subjects found in any country governed by France were held prisoners of war.

Great Britain retaliated by prohibiting neutral vessels from entering the ports of France under pain of confiscation; and a later order placed France and her allies, together with all countries with whom England was at war, under the same restriction.

Napoleon then issued his decree from Milan and the Tuileries declaring that any vessel that had ever been searched by English authority, or had ever paid duty to England, should be treated as a lawful prize of war.

Mr. Webster's first speech, as before stated, was upon a resolution on the repeal of these decrees, and so ably did he define our duty as a country, in the matter, and so clearly did he show wherein both England and France had transgressed; that, being a new member, unknown outside of his own section of the Union, his lucid and eloquent appeal took the house and nation by surprise.

His subsequent speeches on the increase of the navy and the repeal of the embargo act won for him a first place among the great debaters of his day. He cultivated a friendly relation with political opponents as well as partisan friends, which soon gained for him the respect of all and he became the acknowledged leader of the Federal party. He was re-elected to Congress in 1814 by a large majority, and in the debates upon the United States bank which followed, he displayed a most remarkable mastery of the financial questions of his time. Afterward a bill which was introduced by him passed, requiring all payments to the treasury to be made in specie or its equivalent, restored the depreciated currency of the country.

His home and library was burned and after some hesitation as to whether to locate in Boston or Albany, he decided on the former whither he moved, and where he lived the remainder of his life. This change of location gave greater scope for the extension of his legal business, and his resignation from Congress increased still further his time and opportunities. During the next seven years he devoted his exclusive attention to his profession, taking a position as counsellor, above which no one has ever risen in this country, and the best class of business passed into his hands.

In 1816 the legislature of New Hampshire reorganized the corporation of Dartmouth College, changing its name to Dartmouth University, and selecting new trustees. The newly-created body took possession of the institution, and the old board brought action against the new management. The case involved the powers of the legislature over the old corporation without their consent. It was decided twice in the affirmative by the courts of the State, when it was appealed to Washington, the highest court.

Mr. Webster opened the case, delivering a most eloquent and exhaustive argument for the college. His argument was that it was a private institution supported through charity, over which the State had no control, and that the legislature could not annul except for acts in violation of its charter, which had not been shown. Chief Justice Marshal decided that the act of the legisature was unconstitutional and reversed the previous decisions. This established Mr. Webster's reputation in the Supreme Court, and he was retained in every considerable case thereafter, being considered one of the greatest expounders of constitutional law in the Union.

He was already acknowledged to be among the greatest criminal lawyers, and at the anniversary of the landing of the pilgrim fathers he delivered the first of a series of orations which, aside from his legal and legislative achievements must have made him renowned. He was elected in 1822 to congress, being chosen from Boston, and during 1823 made his world-famous speech on the Greek revolution; a most powerful remonstrance against what has passed into history as "The holy alliance," and he also opposed an extravagant increase of the tariff. He also reported and carried through the house a complete revision of the criminal law of the United States, being chairman of the judiciary committee. In 1827 he was selected by the legislature of Massachusetts to fill a vacancy in the United States senate. In that body he won a foremost position.

Probably the most eloquent exhibition of oratory, based on logic and true statesmanship, ever exhibited in the Senate of the United States was the contest between Mr. Webster, of Massachusetts, and Mr. Hayne, the silver-tongued orator of South Carolina; the debate transpiring in 1830. The subject of discussion before the senate by these two intellectual gladiators grew out of a resolution brought forward by Senator Foot, of Connecticut, just at the close of the previous year with a view of some arrangement concerning the sales of the public lands. But this immediate question was soon lost sight of in the discussion of a great vital principle of constitutional law, namely: The relative powers of the States and the national government.

Upon this Mr. Benton and Mr. Hayne addressed the Senate, condemning the policy of the Eastern States as illiberal toward the West. Mr. Webster replied in vindication of New England, and of the policy of the Government. It was then that Mr. Hayne made his attack--sudden, unexpected, and certainly unexampled--upon Mr. Webster personally, upon Massachusetts and other Northern States politically, and upon the constitution itself. In respect to the latter, Mr. Hayne taking the position that it is constitutional to interrupt the administration of the Constitution itself, in the hands of those who are chosen and sworn to administer it; by the direct interference in form of law, of the States, in virtue of their sovereign capacity.

All of these points were handled by Mr. Hayne with that rhetorical brilliancy, and the power which characterized him as the oratorical champion of the South on the floor of the Senate, and it is not saying too much that the speech produced a profound impression. Mr. Hayne's great effort appeared to be the result of premeditation, concert, and arrangement.

He selected his own time, and that, too, peculiarly inconvenient to Mr. Webster, for at that moment the Supreme Court was proceeding in the hearing of a case of great importance in which he was a leading counsel. For this reason he requested, through a friend, the postponement of the debate. Mr. Hayne objected, however, and the request was refused. The time, the matter, and the manner, indicated that the attack was made with the design to crush so formidable a political opponent as Mr. Webster had become. To this end, personal history, the annals of New England, and the federal party were ransacked for materials.

It was attempted with the usual partisan unfairness of political harangues to make him responsible not only for what was his own, but for the conduct and opinions of others. All the errors and delinquencies, real or supposed, of Massachusetts and the Eastern States, and of the Federal party during the war of 1812, and indeed prior and subsequent to that period were accumulated and heaped upon him.

Thus it was that Mr. Hayne heralded his speech with a bold declaration of war, with taunts and threats, vaunting anticipated triumph--saying 'that he would carry the war into Africa until he had obtained indemnity for the past and security for the future.' It was supposed that as a distinguished representative man, Mr. Webster would be driven to defend what was indefensible, to uphold what could not be sustained and, as a Federalist, to oppose the popular resolutions of '98.

The severe nature of Mr. Hayne's charges, the ability with which he brought them to bear upon his opponents, his great reputation as a brilliant and powerful declaimer, filled the minds of his friends with anticipations of complete triumph. For two days Mr. Hayne had control of the floor. The vehemence of his language and the earnestness of his manner, we might properly say the power of his oratory, added force to the excitement of the occasion. So fluent and melodious was his elocution that his cause naturally begat sympathy. No one had time to deliberate on his rapid words or canvass his sweeping and accumulated statements. The dashing nature of the onset, the assurance, almost insolence of his tone; the serious character of the accusations, confounded almost every hearer.

The immediate impression of the speech was most surely disheartening to the cause Mr. Webster upheld. Congratulations from almost every quarter were showered upon Mr. Hayne. Mr. Benton said in full senate that as much as Mr. Hayne had done before to establish his reputation as an orator, a statesman, a patriot and a gallant son of the South; the efforts of that day would eclipse and surpass the whole. Indeed the speech was extolled as the greatest effort of the time or of other times--neither Chatham or Burke nor Fox had surpassed it in their palmiest days.

Mr. Webster's own feelings with reference to the speech were freely expressed to his friend, Mr. Everett, the evening succeeding Mr. Hayne's closing speech. He regarded the speech as an entirely unprovoked attack on the North, and what was of far more importance, as an exposition of politics in which Mr. Webster's opinion went far to change the form of government from that which was established by the constitution into that which existed under the confederation--if the latter could be called a government at all. He stated it to be his intention therefore to put that theory to rest forever, as far as it could be done by an argument in the senate chamber. How grandly he did this is thus vividly portrayed by Mr. March, an eye-witness, and whose account has been adopted by most historians.

It was on Tuesday, January 26th, 1830--a day to be hereafter memorable in senatorial annals--that the senate resumed the consideration of Foot's resolution. There was never before in the city an occasion of so much excitement. To witness this great intellectual contest multitudes of strangers had, for two or more days previous, been rushing into the city, and the hotels overflowed. As early as nine o'clock in the morning crowds poured into the capitol in hot haste; at twelve o'clock, the hour of meeting, the senate chamber, even its galleries, floor, and lobbies was filled to its utmost capacity. The very stairways were dark with men who hung on to one another like bees in a swarm.

The House of Representatives was early deserted. An adjournment would hardly have made it emptier. The speaker, it is true, retained his chair, but no business of moment was or could be attended to. Members all rushed in to hear Mr. Webster, and no call of the House or other parliamentary proceedings could call them back. The floor of the Senate was so densely crowded that persons once in could not get out.

Seldom, if ever, has a speaker in this or any other country had more powerful incentives to exertion; a subject, the determination of which involved the most important interests and even duration of the Republic--competitors unequaled in reputation, ability, or position; a name to make still more renowned or lose forever; and an audience comprising, not only American citizens most eminent in intellectual greatness, but representatives of other nations where the art of oratory had flourished for ages.

Mr. Webster perceived and felt equal to the destinies of the moment. The very greatness of the hazard exhilarated him. His spirits arose with the occasion. He awaited the time of onset with a stern and impatient joy. He felt like the war-horse of the Scriptures, who 'paweth in the valley and rejoiceth in his strength: who goeth on to meet the armed men who sayeth among the trumpets, ha! ha! and who smelleth the battle afar off, the thunder of the Captains and the shouting.'