Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
In this undertaking, however, he was powerfully aided by the counsel and
all the friends of the college. The old board of trustees had already paid
much attention to public opinion. The press was largely Federalist, and,
under the pressure of what was made a party question, they had espoused
warmly the cause of the college. Letters and essays had appeared, and
pamphlets had been circulated, together with the arguments of the counsel
at Exeter. This work was pushed with increased eagerness after the argument
at Washington, and the object now was to create about the three doubtful
judges an atmosphere of public opinion which should imperceptibly bring
them over to the college. Johnson, Livingston, and Story were all men who
would have started at the barest suspicion of outside influence even in the
most legitimate form of argument, which was all that was ever thought of or
attempted. This made the task of the trustees very delicate and difficult
in developing a public sentiment which should sway the judges without their
being aware of it. The printed arguments of Mason, Smith, and Webster were
carefully sent to certain of the judges, but not to all. All documents of a
similar character found their way to the same quarters. The leading
Federalists were aroused everywhere, so that the judges might be made to
feel their opinion. With Story, as a New England man, a Democrat by
circumstances, a Federalist by nature, there was but little difficulty. A
thorough review of the case, joined with Mr. Webster's argument, caused him
soon to change his first impression. To reach Livingston and Johnson was
not so easy, for they were out of New England, and it was necessary to go a
long way round to get at them. The great legal upholder of Federalism in
New York was Chancellor Kent. His first impression, like that of Story, was
decidedly against the college, but after much effort on the part of the
trustees and their able allies, Kent was converted, partly through his
reason, partly through his Federalism, and then his powers of persuasion
and his great influence on opinion came to bear very directly on
Livingston, more remotely on Johnson. The whole business was managed like a
quiet, decorous political campaign. The press and the party were everywhere
actively interested. At first, and in the early summer of 1818, before Kent
was converted, matters looked badly for the trustees. Mr. Webster knew the
complexion of the court, and hoped little from the point raised in Trustees
vs. Woodward. Still, no one despaired, and the work was kept up until, in
September, President Brown wrote to Mr. Webster in reference to the
argument:--
Public-domain text, read in full here on John Shaqi.
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