It was during these years that Daniel Webster became dear, beyond all
other men of his time, to the people of New England. Removing to
Boston in 1816, and remaining out of Congress for some years, he won
the first place at the New England bar, and a place equal to the
foremost at the bar of the Supreme Court of the United States. Not one
of his legal arguments has been exactly reported, and some of the most
important of them we possess merely in outline; but in such reports as
we have, the weight and clearness of his mind are abundantly apparent.
In almost every argument of his, there can be found digressions which
relieve the strained attention of the bench, and please the unlearned
hearer; and he had a happy way of suddenly crystallizing his argument
into one luminous phrase, which often seemed to prove his case by
merely stating it. Thus, in the Dartmouth College case, he made a rare
display of learning (furnished him by associate counsel, he tells us);
but his argument is concentrated in two of his simplest sentences:--1.
The endowment of a college is private property; 2. The charter of a
college is that which constitutes its endowment private property. The
Supreme Court accepted these two propositions, and thus secured to
every college in the country its right to its endowment. This seems
too simple for argument, but it cost a prodigious and powerfully
contested lawsuit to reduce the question to this simplicity; and it
was Webster's large, calm, and discriminating glance which detected
these two fundamental truths in the mountain mass of testimony,
argument, and judicial decision. In arguing the great steamboat case,
too, he displayed the same qualities of mind. New York having granted
to Livingston and Fulton the exclusive right to navigate her waters by
steamboats, certain citizens of New Jersey objected, and, after a
fierce struggle upon the waters themselves, transferred the contest to
the Supreme Court. Mr. Webster said: "The commerce of the United
States, under the Constitution of 1787, is a unit," and "what we call
the waters of the State of New York are, for the purposes of
navigation and commerce, the waters of the United States"; therefore
no State can grant exclusive privileges. The Supreme Court affirmed
this to be the true doctrine, and thenceforth Captain Cornelius
Vanderbilt ran his steamboat without feeling it necessary, on
approaching New York, to station a lady at the helm and to hide
himself in the hold. Along with this concentrating power, Mr. Webster
possessed, as every school-boy knows, a fine talent for amplification
and narrative. His narration of the murder of Captain White was almost
enough of itself to hang a man.
Public-domain text, read in full here on John Shaqi.
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