Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
It is necessary to go back now, for a moment, in the history of the case.
The New Hampshire court decided against the plaintiffs on every point, and
gave a very strong and elaborate judgment, which Mr. Webster acknowledged
was "able, plausible, and ingenious." After much wrangling, the counsel
agreed on a special verdict, and took the case up on a writ of error to the
Supreme Court. Mason and Smith were unable or unwilling to go to
Washington, and the case was intrusted to Mr. Webster, who secured the
assistance of Mr. Joseph Hopkinson of Philadelphia. The case for the State,
hitherto ably managed, was now confided to Mr. John Holmes of Maine, and
Mr. Wirt, the Attorney-General, who handled it very badly. Holmes, an
active, fluent Democratic politician, made a noisy, rhetorical, political
speech, which pleased his opponents and disgusted his clients and their
friends. Mr. Wirt, loaded with business cares of every sort, came into
court quite unprepared, and endeavored to make up for his deficiencies by
declamation. On the other side the case was managed with consummate skill.
Hopkinson was a sound lawyer, and, being thoroughly prepared, made a good
legal argument. The burden of the conflict was, however, borne by Mr.
Webster, who was more interested personally than professionally, and who,
having raised money in Boston to defray the expenses of the suit, came into
the arena at Washington armed to the teeth, and in the full lustre of his
great powers.
The case was heard on March 10, 1818, and was opened by Mr. Webster. He had
studied the arguments of his adversaries below, and the vigorous hostile
opinion of the New Hampshire judges. He was in possession of the thorough
argument emanating from the penetrating mind of Mr. Mason and fortified and
extended by the ample learning and judicial wisdom of Judge Smith. To the
work of his eminent associates he could add nothing more than one not very
important point, and a few cases which his far-ranging and retentive memory
supplied. All the notes, minutes, and arguments of Smith and Mason were in
his hands. It is only just to say that Mr. Webster tells all this himself,
and that he gives all credit to his colleagues, whose arguments he says "he
clumsily put together," and of which he adds that he could only be the
reciter. The faculty of obtaining and using the valuable work of other men,
one of the characteristic qualities of a high and commanding order of mind,
was even then strong in Mr. Webster. But in that bright period of early
manhood it was accompanied by a frank and generous acknowledgment of all
and more than all the intellectual aid he received from others. He truly
and properly awarded to Mason and Smith all the credit for the law and for
the legal points and theories set forth on their side, and modestly says
that he was merely the arranger and reciter of other men's thoughts. But
how much that arrangement and recitation meant! There were, perhaps, no
Public-domain text, read in full here on John Shaqi.
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