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
A large portion of the causes argued by Mr. Webster belong to the
province of constitutional law, and have their origin in that partition
of powers which exists between the State governments and the government
of the United States, each clothed with sovereignty in its appropriate
sphere, each subject to limitations resulting from its relations to the
other, each possessing its legislative bodies, its judicial tribunals,
its executive authorities, and consequently armed with the means of
asserting its rights, and both combined into one great political system.
In such a system it cannot but happen that questions of conflicting
jurisdiction should arise. When we consider that the powers of these two
orders of government are defined in written constitutions of recent
date, and that all the direct precedents of administration must of
necessity, at the oldest, be still more recent, we cannot but wonder at
the small number of disputed cases which have arisen, and at the
sagacity, forethought, and practical wisdom of the founders of our
government, who made such admirable provision for the harmonious
operation of the system.
Still, however, it was impossible that the class of cases provided for
by the appellate jurisdiction of the Supreme Court of the United States
should not present themselves, and no small portion of Mr. Webster's
forensic life has been devoted to their investigation. It is unnecessary
to state that they are questions of an elevated character. They often
involve the validity of the legislative acts and judicial decisions of
governments substantially independent, as they may in fact the
constitutionality of the acts of Congress itself. No court in England
will allow any thing, not even a treaty with a foreign government, or
the most undoubted principles of the law of nations, to be pleaded
against an act of Parliament. The Supreme Court of the United States
entertains the question not only of the constitutionality of the acts of
the legislatures of States possessing most of the attributes of
sovereignty, but also of the constitutionality of the acts of the
national legislature, which possesses those attributes of sovereignty
which are denied to the States. These circumstances give great dignity
to its deliberations, and tend materially to elevate the character of a
constitutional lawyer in the United States.[8] Professional training in
England has not been deemed the best school of statesmanship; but it
will be readily perceived, that in this country a great class of
questions, and those of the highest importance, belong alike to the
senate and the court. Every one must feel that, in the case of Mr.
Webster, the lawyer and the statesman have contributed materially to
form each other.
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