The American Quarterly Review, No. 18, June 1831 (Vol 9)Various
History
The American Quarterly Review, No. 18, June 1831 (Vol 9)
Various
Intellectual life -- Periodicals; United States -- Intellectual life -- 19th century -- Periodicals
The court room was excessively crowded, not only with a large assemblage
of the eminent lawyers of the Union, but with many of its leading
statesmen,--drawn there no less by the importance of the cause, and the
wide results that would follow its decision, than by the known eloquence
of Mr. Hopkinson and Mr. Wirt, both of whom were engaged in it. Mr.
Webster opened it, on behalf of the college. The question turned mainly
on the point, whether the acts of the Legislature of New-Hampshire, in
relation to Dartmouth College, constituted a violation of a contract;
for, if they did, then they were contrary to the Constitution of the
United States. The principles involved, therefore, went to determine the
extent to which a legislature can exercise authority over the chartered
rights of all corporations; and this of course gave the case an
importance at the time, and a value since, paramount to that of almost
any other in the books. Mr. Webster's argument is given in this volume
at p. 110, et seq.; that is, we have there the technical outline, the
dry skeleton of it. But those who heard him, when it was originally
delivered, still wonder how such dry bones could ever have lived with
the power they there witnessed and felt. He opened his cause, as he
always does, with perfect simplicity in the general statement of its
facts; and then went on to unfold the topics of his argument, in a lucid
order, which made each position sustain every other. The logic and the
law were rendered irresistible. But, as he advanced, his heart warmed to
the subject and the occasion. Thoughts and feelings, that had grown old
with his best affections, rose unbidden to his lips. He remembered that
the institution he was defending, was the one where his own youth had
been nurtured; and the moral tenderness and beauty this gave to the
grandeur of his thoughts; the sort of religious sensibility it imparted
to his urgent appeals and demands for the stern fulfilment of what law
and justice required, wrought up the whole audience to an extraordinary
state of excitement. Many betrayed strong agitation; many were dissolved
in tears. When he ceased to speak, there was a perceptible interval
before any one was willing to break the silence; and, when that vast
crowd separated, not one person of the whole number doubted, that the
man who had that day so moved, astonished, and controlled them, had
vindicated for himself a place at the side of the first jurists of the
country.
Public-domain text, read in full here on John Shaqi.
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