Famous Americans of Recent Times. James Parton
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in two of his simplest sentences:—1. The endowment of a college is private property; 2. The charter of a college is that which constitutes its endowment private property. The Supreme Court accepted these two propositions, and thus secured to every college in the country its right to its endowment. This seems too simple for argument, but it cost a prodigious and powerfully contested lawsuit to reduce the question to this simplicity; and it was Webster's large, calm, and discriminating glance which detected these two fundamental truths in the mountain mass of testimony, argument, and judicial decision. In arguing the great steamboat case, too, he displayed the same qualities of mind. New York having granted to Livingston and Fulton the exclusive right to navigate her waters by steamboats, certain citizens of New Jersey objected, and, after a fierce struggle upon the waters themselves, transferred the contest to the Supreme Court. Mr. Webster said: "The commerce of the United States, under the Constitution of 1787, is a unit," and "what we call the waters of the State of New York are, for the purposes of navigation and commerce, the waters of the United States"; therefore no State can grant exclusive privileges. The Supreme Court affirmed this to be the true doctrine, and thenceforth Captain Cornelius Vanderbilt ran his steamboat without feeling it necessary, on approaching New York, to station a lady at the helm and to hide himself in the hold. Along with this concentrating power, Mr. Webster possessed, as every school-boy knows, a fine talent for amplification and narrative. His narration of the murder of Captain White was almost enough of itself to hang a man.
But it was not his substantial services to his country which drew upon him the eyes of all New England, and made him dear to every son of the Pilgrims. In 1820, the Pilgrim Society of Plymouth celebrated the anniversary of the landing of their forefathers in America. At the dinner of the Society, that day, every man found beside his plate five kernels of corn, to remind him of the time when that was the daily allowance of the settlers, and it devolved upon Daniel Webster to show how worthy they were of better fare. His address on this anniversary is but an amplification of his Junior Fourth-of-July oration of 1800; but what an amplification! It differed from that youthful essay as the first flights of a young eagle, from branch to branch upon its native tree, differ from the sweep of his wings when he takes a continent in his flight, and swings from mountain range to mountain range. We are aware that eulogy is, of all the kinds of composition, the easiest to execute in a tolerable manner. What Mr. Everett calls "patriotic eloquence" should usually be left to persons who are in the gushing time of life; for when men address men, they should say something, clear up something, help forward something, accomplish something. It is not becoming in a full-grown man to utter melodious wind. Nevertheless, it can be truly said of this splendid and irresistible oration, that it carries that kind of composition as far as we can ever expect to see it carried, even in this its native land. What a triumphant joy it must have been to an audience, accustomed for three or four generations to regard preaching as the noblest work of man, keenly susceptible to all the excellences of uttered speech, and who now heard their plain old fathers and grandfathers praised in such massive and magnificent English! Nor can it be said that this speech says nothing. In 1820 it was still part of the industry of New England to fabricate certain articles required by slave-traders in their hellish business; and there were still descendants of the Pilgrims who were actually engaged in the traffic.
"If there be," exclaimed the orator,
"within the extent of our knowledge or influence any participation in this traffic, let us pledge ourselves here, upon the rock of Plymouth, to extirpate and destroy it. It is not fit that the land of the Pilgrims should bear the shame longer. I hear the sound of the hammer, I see the smoke of the furnaces where manacles and fetters are still forged for human limbs. I see the visages of those who by stealth and at midnight labor in this work of hell, foul and dark, as may become the artificers of such instruments of misery and torture. Let that spot be purified, or let it cease to be of New England."—Works, Vol. I. pp. 45, 46.
And he proceeds, in language still more energetic, to call upon his countrymen to purge their land of this iniquity. This oration, widely circulated through the press, gave the orator universal celebrity in the Northern States, and was one of the many causes which secured his continuance in the national councils.
Such was his popularity in Boston, that, in 1824, he was re-elected to Congress by 4,990 votes out of 5,000; and such was his celebrity in his profession, that his annual retainers from banks, insurance companies, and mercantile firms yielded an income that would have satisfied most lawyers even of great eminence.
Those were not the times of five-thousand-dollar fees. As late as 1819, as we see in Mr. Webster's books, he gave "advice" in important cases for twenty dollars; his regular retaining fee was fifty dollars; his "annual retainer," one hundred dollars; his whole charge for conducting a cause rarely exceeded five hundred dollars; and the income of a whole year averaged about twenty thousand dollars. Twenty years later, he has gained a larger sum than that by the trial of a single cause; but in 1820 such an income was immense, and probably not exceeded by that of any other American lawyer. Most lawyers in the United States, he once said, "live well, work hard, and die poor"; and this is particularly likely to be the case with lawyers who spend six months of the year in Congress.
Northern members of Congress, from the foundation of the government, have usually gratified their ambition only by the sacrifice of their interests. The Congress of the United States, modelled upon the Parliament of Great Britain, finds in the North no suitable class of men who can afford to be absent from their affairs half the year. We should naturally choose to be represented in Washington by men distinguished in their several spheres; but in the North, almost all such persons are so involved in business that they cannot accept a seat in Congress, except at the peril of their fortune; and this inconvenience is aggravated by the habits that prevail at the seat of government. In the case of a lawyer like Daniel Webster, who has a large practice in the Supreme Court, the difficulty is diminished, because he can usually attend the court without seriously neglecting his duties in Congress—usually, but not always. There was one year in the Congressional life of Mr. Webster when he was kept out of the Supreme Court for four months by the high duty that devolved upon him of refuting Calhoun's nullification subtilties; but even in that year, his professional income was more than seven thousand dollars; and he ought by that time, after thirty years of most successful practice, to have been independent of his profession. He was not, however; and never would have been, if he had practised a century. Those habits of profusion, that reckless disregard of pecuniary considerations, of which we noticed indications in his early days, seemed to be part of his moral constitution. He never appeared to know how much money he had, nor how much he owed; and, what was worse, he never appeared to care. He was a profuse giver and a careless payer. It was far easier for him to send a hundred-dollar note in reply to a begging letter, than it was to discharge a long-standing account; and when he had wasted his resources in extravagant and demoralizing gifts, he deemed it a sufficient answer to a presented bill to ask his creditor how a man could pay money who had none.
It is not true, therefore, that the frequent embarrassments of his later years were due to the loss of practice by his attendance in Congress; because, in the years when his professional gains were smallest, his income was large enough for the wants of any reasonable man. Nevertheless, we cannot deny that when, in 1827, by his acceptance of a seat in the Senate, he gave himself permanently to public life, he made a sacrifice of his pecuniary interests which, for a man of such vast requirements and uncalculating habits, was very great.
But his reward was also very great. On that elevated theatre he soon found an opportunity for the display of his talents, which, while it honored and served his country, rendered him the foremost man in that part of it where such talents as his could be appreciated.
All wars of which we have any knowledge have consisted of two parts: first, a war of words; secondly, the conflict of arms. The war of words which issued in the late Rebellion began, in 1828, by the publication of Mr. Calhoun's first paper upon Nullification, called the South Carolina Exposition; and it ended in April, 1861, when President Lincoln issued his call for seventy-five thousand troops, which excited so much merriment at Montgomery. This was a period of thirty-three years, during which every person in the United States who could use either tongue or pen joined in the strife of words, and contributed his share either toward hastening or postponing the final appeal to the sword. Men fight with one another, says Dr. Franklin,