Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
This outbreak of feeling was perfectly genuine. Apart from his personal
relations to the college, he had the true oratorical temperament, and no
man can be an orator in the highest sense unless he feels intensely, for
the moment at least, the truth and force of every word he utters. To move
others deeply he must be deeply moved himself. Yet at the same time Mr.
Webster's peroration, and, indeed, his whole speech, was a model of
consummate art. Great lawyer as he undoubtedly was, he felt on this
occasion that he could not rely on legal argument and pure reason alone.
Without appearing to go beyond the line of propriety, without indulging in
a declamation unsuited to the place, he had to step outside of legal points
and in a freer air, where he could use his keenest and strongest weapons,
appeal to the court not as lawyers but as men subject to passion, emotion,
and prejudice. This he did boldly, delicately, successfully, and thus he
won his case.
The replies of the opposing counsel were poor enough after such a speech.
Holmes's declamation sounded rather cheap, and Mr. Wirt, thrown off his
balance by Mr. Webster's exposure of his ignorance, did but slight justice
to himself or his cause. March 12th the arguments were closed, and the next
day, after a conference, the Chief Justice announced that the court could
agree on nothing and that the cause must be continued for a year, until the
next term. The fact probably was that Marshall found the judges five to two
against the college, and that the task of bringing them into line was not a
light one.
Public-domain text, read in full here on John Shaqi.
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