Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
A close study of Mr. Webster's legal career, in the light of contemporary
reputation and of the best examples of his work, leads to certain quite
obvious conclusions. He had not a strongly original or creative legal mind.
This was chiefly due to nature, but in some measure to a dislike to the
slow processes of investigation and inquiry which were always distasteful
to him, although he was entirely capable of intense and protracted
exertion. He cannot, therefore, be ranked with the illustrious few, among
whom we count Mansfield and Marshall as the most brilliant examples, who
not only declared what the law was, but who made it. Mr. Webster's powers
were not of this class, but, except in these highest and rarest qualities,
he stands in the front rank of the lawyers of his country and his age.
Without extraordinary profundity of thought or depth of learning, he had a
wide, sure, and ready knowledge both of principles and cases. Add to this
quick apprehension, unerring sagacity for vital and essential points, a
perfect sense of proportion, an almost unequalled power of statement,
backed by reasoning at once close and lucid, and we may fairly say that Mr.
Webster, who possessed all these qualities, need fear comparison with but
very few among the great lawyers of that period either at home or abroad.
CHAPTER IV.
THE MASSACHUSETTS CONVENTION AND THE PLYMOUTH ORATION.
The conduct of the Dartmouth College case, and its result, at once raised
Mr. Webster to a position at the bar second only to that held by Mr.
Pinkney. He was now constantly occupied by most important and lucrative
engagements, but in 1820 he was called upon to take a leading part in a
great public work which demanded the exertion of all his talents as
statesman, lawyer, and debater. The lapse of time and the setting off of
the Maine district as a State had made a convention necessary, in order to
revise the Constitution of Massachusetts. This involved the direct resort
to the people, the source of all power, which is only required to effect a
change in the fundamental law of the State. On these rare occasions it has
been the honored custom in Massachusetts to lay aside all the
qualifications attaching to ordinary legislatures and to choose the best
men, without regard to party, public office, or domicile, for the
performance of this important work. No better or abler body could have been
assembled for this purpose than that which met in convention at Boston in
November, 1820. Among these distinguished men were John Adams, then in his
eighty-fifth year, and one of the framers of the original Constitution of
1780, Chief Justice Parker, of the Supreme Bench, the Federal judges, and
many of the leaders at the bar and in business. The two most conspicuous
men in the convention, however, were Joseph Story and Daniel Webster, who
bore the burden in every discussion; and there were three subjects, upon
which Mr. Webster spoke at length, that deserve more than a passing
allusion.
Public-domain text, read in full here on John Shaqi.
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