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
specimen of the acutest dialectics brought in aid of the broadest views
of constitutional law.
In the year 1836, Mr. Webster argued at Washington the great cause of
the proprietors of Charles River Bridge. This well-remembered case was a
suit in chancery commenced in the Supreme Court of Massachusetts, where
the bill was dismissed by a decree _pro forma_, the members of that
court being equally divided in opinion. A writ of error was taken to the
Supreme Court of the United States, on the ground that the rights of the
proprietors of Charles River Bridge under their charter had been
violated by the legislature, in authorizing the erection of Warren
Bridge. The cause was argued at Washington, in 1836, and, having been
then held under advisement by the court for a year, was, upon difference
of opinion among the judges, ordered to be again argued, which was done
in 1837. This was another of the great constitutional cases argued by
Mr. Webster before the Supreme Court of the United States. The abstract
principles of the case were perhaps as clear as in those to which we
have alluded; but there were practical difficulties, no doubt, in their
application to restrain the right of a legislature to grant an act of
incorporation, in the usual form, for the construction of a new bridge,
on the ground of interference with some prior similar franchise. The
opinion of the court, adverse to the complainants, was delivered by
Chief Justice Taney. Mr. Justice McLean was clearly of opinion that the
merits of the case were with the complainants, but that the Supreme
Court of the United States had no jurisdiction over it. Mr. Justice
Story dissented from the majority, and sustained the doctrines advanced
by Mr. Webster in a very learned and powerfully reasoned opinion.
In 1839 the constitutional rights of the Bank of the United States (so
called), which was incorporated by the State of Pennsylvania after the
termination of the Congressional charter, were drawn in question by a
case from the State of Alabama, in which the right of a corporation or a
citizen in one State to perform any legal act in another was asserted by
Mr. Webster, and his argument was sustained by the court. Not long
afterwards the controversy between Massachusetts and Rhode Island
relative to their boundary, a controversy running back to the earliest
periods of their colonial history, was brought before the Supreme Court,
at Washington, and argued by Mr. Webster for the Commonwealth of
Massachusetts.
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