Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
"It has already been, or shortly will be, read by all the
_commanding_ men of New England and New York; and so far as it has
gone it has united them all, without a single exception within my
knowledge, in one broad and impenetrable phalanx for our defence
and support. New England and New York _are gained_. Will not this
be sufficient for our present purposes? If not, I should recommend
reprinting. And on this point you are the best judge. I
prevailingly think, however, that the current of opinion from this
part of the country is setting so strongly towards the South that
we may safely trust to its force alone to accomplish whatever is
necessary."
The worthy clergyman writes of public opinion as if the object was to elect
a President. All this effort, however, was well applied, as was found when
the court came together at the next term. In the interval the State had
become sensible of the defects of their counsel, and had retained Mr.
Pinkney, who stood at that time at the head of the bar of the United
States. He had all the qualifications of a great lawyer, except perhaps
that of robustness. He was keen, strong, and learned; diligent in
preparation, he was ready and fluent in action, a good debater, and master
of a high order of eloquence. He was a most formidable adversary, and one
whom Mr. Webster, then just at the outset of his career, had probably no
desire to meet in such a doubtful case as this.[1] Even here, however,
misfortune seemed to pursue the State, for Mr. Pinkney was on bad terms
with Mr. Wirt, and acted alone. He did all that was possible; prepared
himself elaborately in the law and history of the case, and then went into
court ready to make the wisest possible move by asking for a re-argument.
Marshall, however, was also quite prepared. Turning his "blind ear," as
some one said, to Pinkney, he announced, as soon as he took his seat, that
the judges had come to a conclusion during the vacation. He then read one
of his great opinions, in which he held that the college charter was a
contract within the meaning of the Constitution, and that the acts of the
New Hampshire Legislature impaired this contract, and were therefore void.
To this decision four judges assented in silence, although Story and
Washington subsequently wrote out opinions. Judge Todd was absent, through
illness, and Judge Duvall dissented. The immediate effect of the decision
was to leave the college in the hands of the victorious Federalists. In the
precedent which it established, however, it had much deeper and more
far-reaching results. It brought within the scope of the Constitution of
the United States every charter granted by a State, limited the action of
the States in a most important attribute of sovereignty, and extended the
jurisdiction of the highest federal court more than any other judgment ever
rendered by them. From the day when it was announced to the present time,
Public-domain text, read in full here on John Shaqi.
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