The Works of Daniel Webster, Volume 1Webster, Daniel
History
The Works of Daniel Webster, Volume 1
Webster, Daniel
United States -- Politics and government -- 1815-1861
"From one of your constitutional suggestions, every man in the land
has been more or less benefited. We allude to it with the greater
pleasure, because it was in a controversy begun by a Georgian in
behalf of the constitutional rights of the citizen. When the late
Mr. Thomas Gibbons determined to put to hazard a large part of his
fortune in testing the constitutionality of the laws of New York
limiting the navigation of the waters of that State to steamers
belonging to a company, his own interest was not so much concerned
as the right of every citizen to use a coasting license upon the
waters of the United States, in whatever way their vessels might be
propelled. It was a sound view of the law, but not broad enough for
the occasion. It is not unlikely that the case would have been
decided upon it, if you had not insisted that it should be put upon
the broader constitutional ground of commerce and navigation. The
court felt the application and force of your reasoning, and it made
a decision releasing every creek, and river, lake, bay, and harbor
in our country from the interference of monopolies, which had
already provoked unfriendly legislation between some of the States,
and which would have been as little favorable to the interest of
Fulton, as they were unworthy his genius."
The case of Ogden and Saunders, in 1827, brought in question the
right of a State to pass an insolvent law. It was of course a case
of high constitutional law, belonging to the same general class with
those just mentioned, and relating to the limit of the powers of the
several States, in reference to matters confided by the Constitution to
the general government. This cause was argued by Mr. Clay and Mr. David
B. Ogden of New York for the plaintiffs, and by Mr. Webster and Mr.
Henry Wheaton for the defendants in error. In his argument in this
case, Mr. Webster maintained the entire unconstitutionality of State
bankrupt laws. This was a step in advance of the doctrines laid down
by the Supreme Court of the United States in the case of Sturges and
Crowninshield, nor did the court on the present occasion incline to go
further than they had done in that case. They were divided in opinion,
but a majority of the judges held, that, although it was not competent
to a State to pass a law discharging a debtor from the obligation of
payment, they might pass a law to discharge him from imprisonment on
personal execution. The Chief Justice and Judge Story were the
minority of the court, and the opinion of the Chief Justice sustained
the principle of Mr. Webster's argument, which is, in fact, usually
regarded as not falling below his most successful forensic efforts. The
manner in which he meets the argument in favor of a prospective State
insolvent law, namely, that such a law cannot impair the obligation of a
contract because it is a part of the contract, may be quoted as a
Public-domain text, read in full here on John Shaqi.
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