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 same general remarks are applicable to his argument in the case of
Ogden against Saunders, in 1827, which we notice now, out of the regular
series of events, in order to finish at once the little we can say of
his professional career as a lawyer. The case to which we now refer,
involved the question of the constitutionality of state insolvent laws,
when they purported to absolve the party from the obligation of the
_contract_, as well as from personal _imprisonment_, on execution. In a
legal and constitutional point of view, this has always been thought one
of Mr. Webster's ablest and most convincing arguments. With the court he
was only half successful; there being a remarkable diversity of opinion
among the judges. But, taken in connexion with the opinion of Chief
Justice Marshall, delivered in the case, with which Mr. Webster's
argument coincides, both in reasoning and in conclusion, it seems
absolutely to have exhausted the whole range of the discussion on that
side, and to furnish all that future inquirers can need to master the
question.
But, during the years we have just passed over, Mr. Webster's success
was not confined to the bar. In the year 1820-21, a convention of
delegates was assembled in Boston, to revise the constitution of
Massachusetts. As it was one of those primary assemblies, where no
office disqualifies from membership, and as the occasion was one of the
rarest importance, the talent and wisdom, the fortunes and authority of
that commonwealth were, to a singular degree, collected in it. The
venerable John Adams, then above eighty-five years old, represented his
native village; Mr. Justice Story, of the Supreme Court of the United
States, was a delegate from Salem; Judge Davis, of the District Court of
the United States, and the greater part of the judicial officers of the
state were there, as well as a large number of the leading members of
the Massachusett's bar, and a still larger number of its wealthiest or
most prominent land-holders and merchants. No assembly of equal dignity
and talent was ever collected in that commonwealth. Mr. Webster was one
of the delegates from Boston. What influence he exerted, or how
beneficial, or how extensive it was, can be entirely known only there
where it was put forth. But, if we may judge from the important
committees on which he served; the prominent interests and individuals
his duty called him occasionally to defend, to encounter, and to oppose;
and the business-like air of his short remarks, which are scattered up
and down through the whole volume of the "Journal of Debates and
Proceedings" of this convention, published soon afterwards, we should be
led to believe, that, though he was then but a newly adopted child of
Massachusetts, he had already gained a degree of confidence, respect and
authority, to which few in that ancient commonwealth could lay claim.
The fruits of it all, in the present volume, are, a short speech on
Public-domain text, read in full here on John Shaqi.
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