Slavery -- United States; United States -- Politics and government -- 1861-1865; United States -- Race relations
The first of these is his conduct of the Dartmouth college case in the
United States supreme court. It is entirely out of place for me to give
even the briefest notice of the details which fill Mr. Shirley's unique
book.[74] Little more than emphasis of the effect of the decision to knit
more closely the bonds of union between the States is required. This
effect will be considered more carefully when we comment on Gibbons _v._
Ogden, which finishes the important work commenced in the other. It needs
only to remind the reader now that the protection of contracts against
impairing State legislation has contributed probably more than anything
else to the prosperous development of American internal trade and
commerce,--a most potent factor in consolidating the union,--and that this
protection originates in the Dartmouth college decision. But there is
something special to be said of Webster as to the case. He did not stress
the constitutional point--that upon which the judgment was finally
placed--either in his law-brief or argument. The victory is all due to his
consummate management of the court, especially of the chief-justice. The
latter really found the true ground of the decision. But the powers had
Webster in hand, and it suited their purposes to crown their _Liebling_
with the credit of the decision. When he found out the reasons given for
the ruling he had won, I fancy that a good angel of his destiny whispered
in his ear he ought to have discerned that the weal of all classes of his
entire country, and not merely that of its colleges, was at stake in his
case, and he must never in the future overlook such an opportunity again.
In his Hanover fourth of July speech, made when he was only eighteen years
old, to quote from the authority we make so much use of, "the boy Webster
preached love of country, the grandeur of American nationality, fidelity
to the constitution as the bulwark of nationality, and the necessity and
the nobility of the union of the States."[75] Mr. Lodge impressively adds,
"and that was the message which the man Webster delivered to his fellow
men."[76] His Fryeburg fourth of July speech, made not long afterwards,
was in the same strain. After the powers had thus started him in the way
they wanted him to go, we have noted above how he was carried by the
federalists of New England into a movement hostile to the union. This
brief wandering from his destiny, as it were, is to be compared with his
neglect to grasp the point in the Dartmouth college case which was in the
exact line of that high destiny. This shows how even the greatest genius
must stumble and grope before it has found the right road. I think the
Venus and Adonis, Lucrece, First Part of Henry VI, and the Sonnets of
Shakspeare are like examples.
Public-domain text, read in full here on John Shaqi.
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