Slavery -- United States; United States -- Politics and government -- 1861-1865; United States -- Race relations
But the great thing is what he did for the law. The current distribution
of the common law under its larger heads was made by Hale and Blackstone
after that of the contemporary civilians, which is founded upon that of
the Institutes of Justinian. This book is but a reproduction of that of
Gaius. So we may assert of this last mentioned author that it is his
systematization which still obtains both in the English and Roman law,
that is to say, the entire law of the enlightened world.[78] A few English
chancellors perceptibly moulded equity; Mansfield almost created English
commercial law; in our country, Hamilton, in one argument overturned the
doctrine of tacking securities, and in another remade the essentials of
libel; our great text-author Bishop, with his treatise often worked over
in new editions, is really the enacter of the American law of divorce; and
Marshall's additions to our federal law will never be forgotten. By what
he did in Gibbons _v._ Ogden, Webster has won a proud place in the small
company of great law-givers.
And he is entitled to a liberal share of the glory which the Dartmouth
college decision has won, for without him Marshall would have had no
opportunity.
To estimate the prodigious effect of the rulings in these two cases, try
to realize to yourself what would be the consequences to American trade
and commerce if the States were not effectually kept from infringing
contracts or granting monopolies of transportation. Try to realize the
loss, the inconvenience, the trouble, the vexation, all the evil that
would have unavoidably befallen us if these two companion decisions and
the subsequent ones following them as precedents or extending them as
analogies, had not made practically the whole of American inland business
a unit--to use Webster's word--under the protection everywhere of the same
impartial law. The longer you think it over the more confirmed will be
your opinion that from no other cause has the evolution away from the old
independence of States towards a permanent union and a single organism of
perpetually federated communities been more furthered. The unification of
production and distribution thus given resistless impulse has almost of
itself alone worked the unification of all our States. So looking back
from the standpoint of to-day we may be sure that the powers had Webster
by his accomplishment in the cases now in mind, to build for perpetual
union far better than he knew.
It needs not to dwell upon the Bunker Hill oration, made June 17, 1825. It
is, as I believe, the most familiar as a whole of all speeches to
Americans. It did not stop with adding greatly to the influence he had won
over New England by the Plymouth oration; it revealed him to the whole
country as its supreme orator. Bear in mind its theme, remembering how
large a part the battle of Bunker Hill was in founding our union.
Public-domain text, read in full here on John Shaqi.
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