Legislators -- United States -- Biography; United States -- Politics and government -- 1815-1861; Webster, Daniel, 1782-1852
taxation for the purpose of educating the children of both rich and poor,
it deserved some representation for this valuable aid to government. It is
impossible, in a few lines,[1] to do justice to Mr. Webster's argument. It
exhibited a great deal of tact and ingenuity, especially in the distinction
so finely drawn between property as an element of personal power and
property in a general sense, and so distributed as to be a bulwark of
liberty. The speech is, on this account, an interesting one, for Mr.
Webster was rarely ingenious, and hardly ever got over difficulties by
fine-spun distinctions. In this instance adroitness was very necessary, and
he did not hesitate to employ it. By his skilful treatment, by his
illustrations drawn from England and France, which show the accuracy and
range of his mental vision in matters of politics and public economy, both
at home and abroad, and with the powerful support of Judge Story, Mr.
Webster carried his point. The element of property representation in the
Senate was retained, but so wholly by the ability of its advocate, that it
was not long afterwards removed.
[Footnote 1: My brief statement is merely a further condensation of the
excellent abstract of this speech made by Mr Curtis.]
Mr. Webster's other important speech related to the judiciary. The
Constitution provided that the judges, who held office during good
behavior, should be removable by the Governor on an address from the
Legislature. This was considered to meet cases of incompetency or of
personal misconduct, which could not be reached by impeachment. Mr. Webster
desired to amend the clause so as to require a two thirds vote for the
passage of the address, and that reasons should be assigned, and a hearing
assured to the judge who was the subject of the proceedings. These changes
were all directed to the further protection of the bench, and it was in
this connection that Mr. Webster made a most admirable and effective speech
on the well-worn but noble theme of judicial independence. He failed to
carry conviction, however, and his amendments were all lost. The perils
which he anticipated have never arisen, and the good sense of the people of
Massachusetts has prevented the slightest abuse of what Mr. Webster rightly
esteemed a dangerous power.
Mr. Webster's continual and active exertion throughout the session of this
convention brought him great applause and admiration, and showed his powers
in a new light. Judge Story, with generous enthusiasm, wrote to Mr. Mason,
after the convention adjourned:--
Public-domain text, read in full here on John Shaqi.
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