Part 28

Knapp was convicted as principal and sentenced to death. At the November term Joseph was convicted as accessory and sentenced to share the same fate. George Crowningshield proved an alibi, and was acquitted. The argument in the Goodridge case stands in marked contrast to this; and it must be conceded that, as a presentation of the law and the evidence, with no attempt to work upon the feelings of the jurymen, it is a work of higher quality. As a specimen of eloquence, of dramatic setting forth of the horror of such a deed, of the experiences of the criminal, and of the certainty that "murder will out," the argument has no equal in the language.

For a remarkable analysis of Mr. Webster's career as a lawyer, see Rufus Choate's address before the students of Dartmouth College in 1853 in "Memorial of Daniel Webster from the City of Boston."

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THE CONSTITUTION NOT A COMPACT.

February, 1833.

Mr. Webster had intimated in his Reply to Hayne that South Carolina was playing a high game. There were some at that time who thought that he had sounded the note of alarm in too loud a strain; but when in November, 1832, the State Convention, assembled at Columbia, South Carolina, adopted an ordinance declaring the revenue laws of the United States null and void, the voice of the croakers ceased to be heard in the general excitement that filled the country. The Legislature assembled on the 27th, and the governor in his message said that "the die has been at last cast," and that the Legislature was called upon to make "such enactments as would make it utterly impossible to collect within our limits the duties imposed by the protective tariffs thus nullified." The Legislature passed acts providing that any one who should attempt to collect the revenue should be punished, and made it lawful to use the military force of the State to resist any attempt of the United States to enforce the tariff laws. Mr. Webster now had a very difficult and delicate task before him; he was bound to criticise the general tone of the administration of Jackson, for he believed that it had not met the needs of the country, and yet he was equally bound not to put himself in such antagonism as to prevent him from aiding the administration, should his aid be sought, against those who were determined to destroy the laws of the land. In the then impending presidental canvass he took the ground that President Jackson was in hostility to the idea of protection, and that therefore he could not be safely trusted with the executive power. But President Jackson, whatever had been his record on the question of the tariff, showed that he had no desire to shirk his duty, for he at once issued a proclamation, which embodied the principles maintained by Mr. Webster in his Reply to Hayne, and warned the authorities of South Carolina that all opposition to the laws of the United States would be put down. He thus served notice that treason was not to win by default of the President. Calhoun had resigned the vice-presidency and had taken his seat in the Senate, and it was known that such an act meant the attempt to raise the flag of nullification high in the Senate-chamber.

Mr. Webster was on his way to Washington when he heard of the prompt and decisive action of the President. At Philadelphia he met Mr. Clay, who told him that he had a plan for settling the difficulty by gradually reducing the tariff, and for levying duties "without regard to protection or encouragement of any branch of domestic industry." When Mr. Clay brought in his bill, it was not so strong as the one he had submitted to Mr. Webster a short time before, but yet Mr. Webster could not think of taking any step at such a time that would look like concession. The first thing to be done was to enforce the existing laws and sustain the administration by suitable legislation. There was to be no surrender of constitutional power. At the opening of the session the President asked Congress for the power to use the land and naval forces if necessary to enforce the laws. The committee to which the message was referred reported what is known as the "Force Bill," which granted the President the powers asked for. Some of the senators doubted that the President had such "daring effrontery" as to ask for such power. Mr. Webster said, "I will tell you gentlemen that the President has had the 'daring effrontery' to ask for these powers, no matter how high may be the offence."

President Jackson had used very strong language against the leaders of Nullification, and this made many of the (Southern) administration senators hostile to the measures of the "Force Bill." When it was found that the President had called for the assistance of Mr. Webster, Mr. Calhoun became very uneasy, and at once sought for Mr. Clay, who promised to bring in his bill for reducing the tariff. On the 8th of February, Mr. Clay introduced the measure and claimed that its purpose was to save the tariff, which he considered to be in imminent danger. Mr. Webster, as was expected, opposed the bill and introduced a series of resolutions. On the two following days he was prevented from addressing the Senate on his resolutions because of the discussion of the "Force Bill," when Mr. Calhoun took the opportunity to expound the theory and practice of Nullification. The speech was in Mr. Calhoun's very best style of close, logical argument, with but little that made for eloquence. Calhoun was a master of logical method, and such was his skill in dovetailing together the elements of his speculations that he was a powerful antagonist. He had waited until most of the senators in opposition had spoken and then broke upon them and tore their arguments into shreds. It was an able supplement to the speech of Hayne and was likely to produce quite as much alarm, unless its position could be turned. Here were sown the seeds of secession which grew into that frightful civil war. By establishing the principle of the Union as but a confederacy of States the right of secession was assured.

Mr. Webster felt the importance of the occasion; he saw clearly the direction in which such appeals were sure to lead the people, and he at once determined to throw himself into the conflict. The doctrines which he had maintained in the Reply to Hayne had now taken strong hold of the people of the Central and Western States, and of many of the strongest public men of both parties; it was from this vantage ground that (on the 16th) he began his great speech known as "The Constitution not a Compact between Sovereign States."

P. 275, l. 9. 1. Mr. Rives.

P. 326, l. 27. 1. "The vital question went to the great popular jury. The world knows what the verdict was, and will never forget that it was largely due to the splendid eloquence of Daniel Webster when he defended the cause of nationality against the slave-holding separatists of South Carolina."--HENRY CABOT LODGE.

"Whoever," says Mr. Curtis, "would understand that theory of the Constitution of the United States which regards it as the enactment of a fundamental law must go to this speech to find the best and clearest exposition."

"Then and there," says Dr. Hudson, "it was that real battles of the Union were fought and won. For the cause had to be tried in the courts of legislative reason before it could come to trial on field of battle."

This speech is much less rhetorical than the Reply to Hayne. The subject was not a new one, nor was the condition of the public mind so feverish as in 1830; consequently the case required not so much an appeal to the emotions as to the reason. It has always been considered as the most compact, close, logical, and convincing of all Mr. Webster's speeches. The people have relied upon it from that day to this to teach them the principles of the Constitution: in it they find the origin, the history, and the purpose of our great national fabric. By this speech Webster placed himself upon the highest pinnacle of fame, and added to his title of first orator that of the greatest statesman of his time, winning the proud distinction of "Expounder, Commentator, and Defender of the Constitution." On the 12th of October, 1835, the citizens of Boston presented to Mr. Webster a massive silver vase in testimony of their gratitude for his services in defence of the Constitution against South Carolina Nullification.

It contained the following inscription:--

PRESENTED TO DANIEL WEBSTER, The Defender of the Constitution, BY THE CITIZENS OF BOSTON, Oct. 12, 1835.

In reply to the address of presentation Mr. Webster said:--

"In one respect, Gentlemen, your present oppresses me. It assigns to me a character of which I feel I am not worthy. 'The Defender of the Constitution' is a title quite too high for me. He who shall prove himself the ablest among the able men of the country, he who shall serve it longest among those who may serve it long, he on whose labors all the stars of benignant fortune shall shed their selectest influence, will have praise enough, and reward enough, if, at the end of his political and earthly career, though that career may have been as bright as the track of the sun across the sky, the marble under which he sleeps, and that much better record, the grateful breasts of his living countrymen, shall pronounce him 'the Defender of the Constitution.' It is enough for me, Gentlemen, to be connected, in the most humble manner, with the defence and maintenance of this great wonder of modern times, and this certain wonder of all future times. It is enough for me to stand in the ranks, and only to be counted as one of its defenders."

Cf. Curtis's Life of Webster, Ch. XIX.; Lodge's Webster, Ch. VII.; Address of Dr. Hudson on the Hundredth Anniversary of the Birth of Daniel Webster, June 18, 1882.

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SPEECH AT SARATOGA.

August, 1840.

Mr. Webster had been in almost continual public service since 1813, and during that period the two great questions which demanded the attention of statesmen were the tariff and the currency. The history of the former is to be found in the Reply to Hayne and the Reply to Calhoun; the history of the latter, in that memorable series of speeches during the session of 1831-1833 on the policy of President Jackson regarding the United States Bank. Out of this great controversy the Whig party arose, and its first nominee for the presidency was William Henry Harrison in 1835, but the friends of Jackson were strong, and Van Buren was elected. He continued the financial policy of his predecessor, or at least made no effort to remedy the evils which it had brought upon the country. Mr. Webster gave himself to the task of exposing the financial heresies of the administration and of preventing further injurious legislation. In the summer of 1839 he visited England for rest, and was everywhere received with the honor due to his high position and his distinguished attainments; he received courtesies usually confined to ambassadors and foreign ministers. On his return he found that the Whigs had again nominated Harrison. Although he had reason to expect his own nomination, for this was the desire of the people, he at once threw himself into the campaign in support of the nominee. The people from all sections of the country wished to hear and see the man who had done such noble service for them in Congress. His speeches during this campaign are a fit supplement to those which he had just completed on the subject of the bank. The theme was essentially the same, but the audience was in many respects a more difficult one to reach. In the familiarity with financial questions Mr. Webster had shown himself second only to Hamilton himself, and in presenting the subject to a popular audience he reached the high-water mark of political oratory; there is no cant, no bluster, no personal abuse, but the dignity and simplicity of the simple and dignified friend of the people.

On the 19th of August, 1840, he addressed the citizens of New York in a mass meeting at Saratoga. Of all the great speeches of this campaign this best represents the mind and art of Mr. Webster, and is especially interesting in this year (1892) when essentially the same questions--the tariff and the currency--are before the people, and when the nominee of the party, which is the child of the old Whig party, is Benjamin Harrison.

P. 331, l. 28. 1. The history of banking in the United States is interesting as a chapter in the general history of banking. It began with that great financier, Alexander Hamilton. When Secretary of the Treasury he conceived the plan of a great national bank, which should take charge of the disbursement of the revenues, and which should furnish a paper circulation,--founded on national resources,--which should be current all over the country. After a prolonged opposition by the Anti-federalists, who claimed that the establishment of such a bank would be unconstitutional, he prevailed upon Washington to sign the bill of incorporation, and in 1791 the bank began its work. It continued its existence until 1811, when the Anti-federalists refused to recharter it. Owing to the disordered currency resulting from the War of 1812, Mr. Madison brought the matter before Congress in his message, and in 1816 the second Bank of the United States was established.

P. 333, l. 27. 1. Cf. Sumner's Life of Andrew Jackson, Chs. XIII., XIV.

P. 334, l. 20. 1. In the session of 1831-1832 the bank applied for a new charter, and here began the great struggle with President Jackson. The bill to recharter the bank passed both Houses in 1832, and was vetoed by the President. Mr. Webster made a notable speech against the veto, and at once took the lead as an authority on questions of finance. The following year the President struck his hardest blow against the bank, by ordering the removal of the deposits. The Senate passed resolutions condemning the act, and Mr. Webster, on presenting resolutions to the same effect from Boston, made a most powerful speech in which he depicted the great commercial distress resulting from the removal and from the institution of State banks. Between the time of this speech and the close of the session he spoke on the subject of the bank and national finance over sixty times. No other such exhibition of intellectual power and grasp of intricate problems, united with commanding eloquence, has ever been made in our history. As a result of the censure by the Senate, the President sent a protest in which he argued that the Senate had exceeded its power. Mr. Webster replied to this in what is now considered the greatest of all his speeches during the great struggle.

P. 335, l. 26. 1. After the removal of the deposits, effected by Jackson, State banks were formed in large numbers, and certain of these became deposit banks. The notes of State banks were used for the purchase of public lands from the United States, and the treasury was thus accumulating paper currency of doubtful value. The Secretary of the Treasury (1836) issued the so-called "Specie Circular," ordering the government agents to receive in future only gold and silver. Only those banks which held government revenue deposits could furnish coin, and widespread bankruptcy was the result.