D0DDSDfl313fl w ' • y o ■>•- oV' "-'•O^ '^oV • • • • « •<» •- ^^0^ ^bV*"^ "^^0^ ^ " ' • ^ v^ . ^ ' » , ^^ .0^ c • " .0 t'\<,^' >>>' -^^ ..<' ^^ * • • • / "^^ O M ■f^ % .0^ o^JL' ♦. 'b. i- ^>^^:^ *"•,,•* ^0 ,0* .'JL''.% - ^o V^ 'o ^*^°^ ,0^ .<4- DISCOURSE facultt^%tudentsp4nd alumni OF DARTMOUTH COLLEGE, ON THE DAY PRECEDING COMMENCEMENT, JULY 27, 1853, COMMEMORATIVE OF DANIEL WEBSTEK. BY RUFUS Clio ATE. EIGHTH THOUSAND. BOSTON AND CAMBRIDGE: JAMES MUNROE AND COMPANY. 1853. Ki^i-' .WfCs^^ Entered occording to Act of Conjrros?, in the year 1853, by JAMKS MUNHOE AND COMl'ANV, 111 tiio Clerk's OfTicc of tlio District Court of the DUtrict of Jlossachiisetta. r A M II i; I i> (i K : ALU^' AM) JAKMIAM, 1'U1NTEK8. DISCOURSE. It would be a strange neglect of a beautiful and approved custom of the schools of learning, and of one of the most pious and appropriate of the offices of liter- ature, if the college in which the intellectual life of Daniel Webster began, and to which his name imparts charm and illustration, should give no formal expression to her grief in the common sorrow ; if she should not draw near, of the most sad, in the procession of the bereaved, to the tomb at the sea, nor find, in all her classic shades, one affectionate and grateful leaf to set in the garland with which they have bound the brow of her child, the mightiest departed. Others mourn and praise him by his more distant and more general titles to fame and remembrance ; his supremacy of intellect, his statesmanship of so many years, his eloquence of reason and of the heart, his love of country incorrupti- ble, conscientious, and ruling every hour and act ; that greatness combined of genius, of character, of manner, of place, of achievement, which was just now among us, and is not, and yet lives still and evermore. You come, his cherishing mother, to own a closer tie, to indulge an emotion more personal and more fond, — grief and exul- tation contending for mastery, as in the bosom of the desolated parent, whose tears could not hinder him from exclaiming, " I would not exchange my dead son for any living one of Christendom." Many places in uur Anie-iican world have spoken his eulo^'V. To all places the service was befitting, lor '• his renown, is it not of the treasures of the whole country ?" To .some it belonged, with a strong local propriety, to discharge it. In the halls of Congress, where the maje;*- tic form seems ever to stand and the deep tones to linger, the decorated scene of his larger labors and most dillU- sivc glory; in the courts of law, to whose gladsome light he loved to return, — putting on again the robes of that profession ancient as magistracy, noble as virtue, neces- sary as justice, — in which lie found the beginning of his honors; in Faneuil Hall, whose air breathes and burns of him ; in the commercial cities, to whose pursuits his diplomacy secured a peaceful sea; in the cities of the inland, around whom his capacious public aflections, anjl wise discernment, aimed ever to develop the un- counted resources of that other, and that larger, and that newer America ; in the pulpit, whose place among the higher inlluences which exalt a state, our guide in lite, our consolation in death, he appreciated profoundly, and vindicated by weightiest argument and testimony, of whose ofhccs, it is among the fittest, to mark and point the moral of the great things of the world, the excellency of dignity, and tlie exoelk'ncy of power passing away as the pride of the wave, — passing from our eye to take on innnortality ; in these places, and such as these, there seemed a reason beyond, and other, than the uni- versal calamity, for such honors of the grave. But if Ko, how fit a place is this lor such a service! AVe arc among the scenes where the 3outh of Webster awoke first, and fidly, to the life of the mind. We stand, as it were, at the sources, physical, social, moral, intelKi'tual, of that exceeding greatness, t^ome now here saw that youth. Almost it was yours, Kilum jHirnim videre. Some, one of his instructors certainly, some possibly of his class mates, or nearest college friends, some of the books he read, some of the apartments in which he studied, are here. We can almost call up from their habitation in the past, or in the flmcy, the whole spiritual circle which environed that time of his life ; the opinions he had embraced ; the theories of mind, of religion, of morals, of philosophy, to which he had surrendered him- self; the canons of taste and criticism which he had accei^ted ; the great authors whom he loved best ; the trophies which began to disturb his sleep ; the facts of history which he had learned, believed, and begun to interpret ; the shapes of hope and fear in which imagi- nation began to bring before him the good and evil of the future. Still the same outward world is around you, and above you. The sweet and solemn flow of the river gleaming through intervale here and there ; margins and samples of the same old woods, but thinned and re- tiring ; the same range of green hills yonder, tolerant of culture to the top, but shaded then by primeval forests, on whose crest the last rays of sunset lingered ; the summit of Ascutney ; the great northern light that never sets ; the constellations that walk around, and watch the pole ; the same nature, undecayed, unchang- ing, is here. Almost, the idolatries of the old paganism grow intelligible. " 3Iagnorum flumimim capita veneranmr,'' exclaims Seneca. " Siibita et ex ahrupto vasti aninis erupiio aras Jiahet ! " "We stand at the fountain of a stream ; we stand rather at the place where a stream, sudden, and from hidden springs, bursts to light ; and whence we can follow it along and down, as we might our own Con- necticut, and trace its resplendent pathway to the sea ; and we venerate, and would almost build altars here. If I may adapt the lofty language of one of the admirers 1* c of William Pitt, wc come nfitiirally to this place, as if we could thus recall every circumstance of .splL'n(h(l prepara- tion which contrihuted to fit the great man fur the scene of his lAoTv. We come, as if better here than elsewhere, "we could watch, fold by fidd, the bracing on of his Vulcan ian panoply, and observe with pleased anxiety, the Icadin*' forth of that chariot wliich, borne on irre- sistil)le wheels, and drawn by steeds of immortal race, is to crush the necks of the mighty, and sweep away the serried strenn-th of armies." And therefore it were fitter that I should ask of you, than speak to you, concerning him. Little indeed any- where can be added now to that wealth of eulogy that has been heaped upon his tomb. Before he died even, renowned in two hemispheres, in ours he seemed to be known with a universal nearness of knowledge. He walked so long and so conspicuously before the general eye ; his actions, his opinions, on all things, which had been largo enough to agitate the public mind for the last thirty years and more, had had importance and con- se(iwences so remarkable — anxiously waited for, pas- sionately canvassed, not adopted always into the parti- cular measure, or deciding the particular vote of gov- ernment or the country, yet sinking deep into the rea- son of the peo[)le — a stream of inlluence whose fruits it is yet too soon for jiolitie-al ])liilosophy to appreciate completely ; an impression of his extraordinary intel- lectual endowments, and of their peculiar superiority ill that most imposing and inteHigiI)le of all forms of manifestation, the moving of others' minds by speech — this impression had grown so universal and lixed, and it had kindled curiosity to hear him and read him, so wide and .Mj largely indulged; his individuality altogether was so ab.solute and so pronounced, the force of will no less than the power of genius ; the exact type and fash- ion of his mincl, not less than its general magnitude, were so distinctly shown through his musical and trans- parent style ; the exterior of the man, the grand mystery of brow and eye, the deep tones, the solemnity, the sovereignty, as of those who would build States, " where every power and every grace did seem to set its seal," had been made, by personal observation, by description, by the exaggeration even of those who had felt the spell, by art, the daguerreotype, and picture, and statue, so familiar to the American eye, graven on the memory like the Washington of Stuart; the narrative of the mere incidents of his life had been so often told — by some so authentically, and with such skill — and had been so literally committed to heart, that when he died there seemed to be little left but to say when and how his change came ; w4th v/hat dignity, withT v^hat posses- sion of himself, with vvhat loving thought for others, with what gratitude to God,, uttered with unfaltering voice, that it was appointed to him there to die ; to say how thus, leaning on the rod and staff of the promise, he took his way into the great darkness undismayed, till death should be swallowed uj) of life ; and then to relate how they laid him in that simple grave, and turning and pausing and joining their voices to the voices of the sea, bade him hail and farewell. And yet I hardly know what there is in public biog- raphy, what there is in literature, to be compared, in its kind, with the variety and beauty and adequacy of the series of discourses through which the love and grief, and deliberate and reasoning admiration of America for this great man, have been uttered. Little, indeed, there would be for me to say, if I were capable of the light ambition of proposing to omit all which others have said 8 OH tliis tlionie before, — little to add if I sought to say anv tliin;^ wliollv new. I have thought, perhaps the place "where I was to speak suggested the topic, that before we approach the ultimate and historical greatness of Mr. Webster, in its two chiff departments, and attempt to appreciate by what (pialities of genius and character, and what succes- sion of action he attained it, there might be an interest in goiug back of all this, so to sa}', and pausing a few moments upon his youth. 1 include in that designation the period from his birth, ou the eighteenth day of Jan- uary, 17S2, until 1805, when, twenty-three years of age, he declined the clerkship of his f\ither's court, and dedi- cated himself irrevocably to the profession of the law, and the chances of a summons to less or more of public lifi'. Thc-o twenty-three years we shall call the youth of Wcl)ster. Its incidents are few and well known, and need not lonu^ detain us. Until May, 170G, beyond the close of his fourteenth year, he lived at home, attending the schools of masters Chase and Tappan, successively; at work sometimes and sometimes at ulav like anv bov ; but finding already, as few beside him did, the stiuudations and the food of intellectuid life in the social library; drinking in, luiawares, from the moral and physical aspects about him, the lesson and the power of contention and self- trust ; and learninii: how nuich fj-rander than the forest ])ending to the long storm ; or the silver and cherishing Merrimack swollen to inundation, and turning, as love become madness, to ravage the subject intervale; or old woods sullenly retiring Ijefore axe and fire — learning to feel how nuich ij-rauder than these was the comintr in of civili/ation as there he saw it, courage, labor, patience, plain living, heroical acting, high thinking, beautiful 9 feeling, the fear of Gocl, love of country, and neighbor- hood, and family, and all that form of human life of which his father, and mother, and sisters, and brother, were the endeared exemplification. In the arms of that circle, on parent knees, or later, in intervals of work or play, the future American Statesman acquired the idea of country, and became conscious of a national tie and a national life. There and then, something, glimpses, a little of the romance, the sweet and bitter memories of a soldier and borderer of the old colonial time and war, opened to the large dark eyes of the child ; memories of French and Indians stealing up to the very place where the story was telling ; of men shot down at the plough, within sight of the old log house ; of the mas- sacre at Fort William Henry ; of Stark, of Howe, of Wolfe filling in the arms of victory ; and then of the next age, its grander scenes and higher names ; of the father's part at Bennington and White Plains ; of La- fayette and Washington ; and then of the Constitution, just adopted, and the first President, just inaugurated, with services of public thanksgiving to Almighty God, and the Union just sprung into life, all radiant as morn- ing, harbinger and promise of a brighter day. You have heard how in that season he bought and first read the Constitution on the cotton handkerchief A small can- non, I think his biographers say, was the ominous play- thing of Napoleon's childhood. But this incident reminds us rather of the 3'outhfal Luther, astonished and kindling over the first Latin Bible he ever saw — or the still younger Pascal, permitted to look into the Euclid, to whose sublimities an irresistible nature had secretly at- tracted him. Long before his fourteenth year, the mother first, and then the father, and the teachers and the schools and the little neighborhood, had discovered an extra- 10 ordinary liopc iu the boy ; ;i purpose, a dreain, not yet confessed, of ;_fivin^' liim an education be^^an to be cher- ished, and in May, 17'J(j, jit the age of a little more than fourteen, he was sent to Exeter. I have mvself heard II gentleman, long a leader of the Essex bar, and emi- nent ill public life, now no more, who was then a pupil at the school, describe his large frame, superb face, immature manners, and rustic dress, surmounted with a student's gown, when first he came; and say, too, how goon and universally his capacity was owned. AVho does not wish that the glorious Buckminster could have foreseen and witnessed the whole greatness, but certainly the renown of eloquence, which were to come to the young stranger, whom, choking,speechless, the great foun- tain of feelings sealed as yet, he tried in vain to encour- age to declaim belbre the unconscious, bright tribes of the school? The inlluences of Exeter on him were excellent, but his stay was brief. In tlic winter of 1T9G he was at home again, and in February, 1707, he was placed under the private tuition, and in the family of, Kev. i\Ir. AV'ood, of Boscawen. It was on the way with his fiither, to the house of Mr. "Wood, that he first heard with astonishment, that the parental love and good sense had resolved on the sacrifice of liivinLT him au education at college. '"I remember," he writes, "the very hill we were ascending, through deep snows, in a New England sleigh, when my father made his purpose known to me. I could not speak. How could he, I thought, with so large a family, and in such narrow cir- cumstances, think of incurring so great an expense for ine ? A warm glow ran all over me, and 1 laid my head oil my father's shoulder and wept." That .speechlessness, that glow, those tears reveal to us what his memory and consciousness could hardly do to him, that already, some- 11 where, at some hour of day or evening or night, as he read some page, or heard some narrative, or saw some happier schoolfellow set off from Exeter to begin his college life, the love of intellectual enjoyment, the ambition of intellectual supremacy had taken hold of him ; that, when or how he knew not, but before he was aware of it, the hope of obtaining a liberal education and leading a professional life had come to be his last thought before he slept ; his first when he awoke ; and to shape his dreams. Behold in them, too, his wdiole future. That day, that hour, that very moment, from the deep snows of that slow hill he set out on the long ascent that bore him — " no step backward " — to the high places of the world ! He remained under the tui- tion of Mr. Wood until August, 1797, and then entered this college, where he was, at the end of the full term of four years, graduated in 1801. Of that college life you can tell me more than I can tell you. It is the uni- versal evidence that it was distinguished by exemplary demeanor, by reverence for religion, respect for instruc- tors, and observance of law. We hear from all sources, too, that it was distinguished by assiduous and various studies. AVith the exception of one or two branches, for which his imperfect preparation had failed to excite a taste, he is reported to have addressed himself to the prescribed tasks, and to have availed himself of the whole body of means of liberal culture appointed by the government, with decorum and conscientiousness and zeal. We hear more than this. The whole course of traditions concerning his college life is full to prove two facts. The first is, that his reading, general and various far beyond the requirements of the faculty, or the average capacity of that stage of the literary life, was not solid and useful merely, which is vague commenda- 12 tion, Init it was Fuch as predicted and educated the future statcsumu. In I'lujrlisli liteniturc, its finer parts, its poe- try and tasteful readin<,% 1 mean, he had read much rather than many things, l)ut he had read somewhat. That a young man of his emotional nature, full of eloquent feeling, the germs of a fine taste, the ear for the music of words, the eye for all heauty and all sublimity already in extraordinary measure his, already practising the art of composition, speech, and criticism, should have re- created himself, as we know he did, with Shakespeare, and Pope, and Addison ; with the great romance of Defoe ; with the more recent biographies of Johnson, and his grand imitations of Juvenal ; with the sweet and refined simplicity and abstracted observation of Gold- smith, mingled with sketches of homefelt delight ; with the elegy of Gray, whose solemn touches soothed the thoughts or tested tho consciousness of the last hour; Avith tlic vigorous orij^inality of the then recent Cowper, whom he quoted when ho came home, as it proved, to die — this we should have expected. But I have heard, and believe, that it was to another institution, more aus- tere and characteristic, that his own mind was irresisti- blv and instinctively even then attracted. The conduct ()[' what Locke calls the human understanding ; the limits of human knowledge; the means of coming to the knowledti;c of the different classes of truth ; the laws of thou'dit : the science of proofs which is loij;ic ; the science of morals; the facts of history; the spirit ol' laws; the conduct ;iii(l aims of reasonings in politics — these were the strong meat that announced and began to train the great political thinker and reasoner of a later day. 1 have heard that he might oftener be found in some solitary seat or wall;, with a volume of Gordon's or IJam- say's Kevolution, or of the Federalist, or of Hume's 13 History of England, or of his Essays, or of Grotiup, or Puffenclorf, or Cicero, or Montesquieu, or Locke, or Burke, than with Virgil, or Shakespeare, or the Spectator. Of the history of opinions, in the department of philo- sophy, he was already a curious student. The oration he delivered before the United Fraternity, when ho was graduated, treated that topic of opinion, under some aspects, as I recollect from once reading the manuscript, with copiousness, judgment, and enthusiasm; and soidc of his ridicule of the Berkleian theory of the non-ex isl- ence of matter, I well remember, anticipated the sar- casm of a later day on a currency all metallic, and on nullification as a strictly constitutional remedy. The other fact, as well established, by all we can g;i- ther of his life in college, is, that the faculty, so trixn-^- cendent afterwards, of moving the minds of men b)- speech, was already developed and effective in a rema liv- able degree. Always there is a best writer and speaker or two in college ; but this stereotyped designation seems wholly inadequate to convey the impression he made in his time. Many, now alive, have said that some of his performances, having regard to his youlii, his objects, his topics, his audience — one on the celebr;i- tion of Independence, one a eulogy on a student much beloved — produced an instant effect, and left a recollec- tion, to which nothing else could be compared ; which could be felt and admitted only, not explained ; but which now they know were the first sweet tones of in- explicable but delightful influence, of that voice, uncon- firmed as yet, and unassured, whose more consummate expression charmed and suspended the soul of a nation. To read these essays now disappoints you somewhat. As- Quintilian says of Ilortensius, Apparet placidssc aliqidd ea diccntc quod legentes non invcnimus. Some spell there was 2 li in the spoken word which thu reader misses. To lliid tlie secret of that spell, you must recall the youth ol" "Webster. IJeloved fondly, and appreciated by that circle, as much as by any audience, larger, more exacting, more various, and more fit, which afterwards he found any- where ; known to be maidy, just, pure, generous, alVec- tionatc; known and felt by his strong will, his high aims, his commanding character, his unconnuon and dillicult studies; In- liad every heart's warmest good wi>]i witjj him wlien he ruse; and then, when — un- checked by any very severe theory of taste, unoppressed by any dread of saying something incompatible with his place and fame, or imecjual to himself — he just un- locked the deep spring of that eloquent feeling, which, in connection with his power of mere intellect, was such a stupendous psychological mystery, and gave heart and soul, not to the conduct of an argument, or the in- vestigation and dis])lay of a trutli of the reason, but to a fervid, beautiful, and prolonged emotion, to grief, to eulogy, to the patri(jtism of scholars — why need we doubt or wonder, as they looked on that presiding brow, the eye large, sail, iinworldl}'. incapable to be fathomed, the lip and chin, whose firmness as of chiselled, perfect marble, profoundest sensibility alone caused ever to triMuble. why wonder at the traditions of the charm which iliv.y owned ; and the fame which they even then predicted ? His college life closed in ISOl. For the statement tliat he>had thought of selecting the profes.sion of the- ology, the siu'viving members of his family, his son and his brother-indaw, assure me tliat tlu>re is no foundation. Certainly, he began at once the stuily of the law, and interrupted only ))y the necessity of teaching an acade- m\- a few months, with which he united the recreation 15 of recording deeds, he prosecuted it at Salisbury in the office of Mr. Thompson, and at Boston in the office of Mr, Gore, until March, 1805, when, resisting the sharp temptation of a clerkship, and an annual salary of fifteen hundred dollars, he was admitted to the bar. And so he has put on the robe of manhood, and has come to do the work of life. Of his youth there is no need to say more. It had been pure, happy, strenuous ; in many things privileged. The influence of home, of his father, and the excellent mother, and that noble brother, whom he loved so dearly, and mourned with such sorrow — these influences on his heart, principles, will, aims, were elevated and strong. At an early age, comparatively, the then great distinction of liberal edu- cation was his. His college life was brilliant and without a stain ; and in moving his admission to the bar, Mr. Gore presented him as one of extraordinary promise. With prospects bright, upon the world he came — Pure love of virtue, strong desire of fame ; Men watched the way his lofty mind would take, And all foretold the progress he would make. And yet, if on some day as that season was drawing to its close, it had been foretold to him, that before his life — prolonged to little more than threescore years and ten — should end, he should see that country, in which he w^as coming to act his part, expanded across a conti- nent; the thirteen States of 1801 multiplied to thirty- one ; the territory of the North-west and the great valley below sown full of those stars of empire ; the Mississippi forded, and the Sabine, and Rio Grande, and the Nueces ; the ponderous gates of the Rocky Mountains opened to shut no more ; the great tranquil sea become our sea ; her area seven times larger, her people five times more K, in number ; tliiit tlirough nil experiences of trial, the ni;:tlness of i)arty, the injustice of foreign powers, the vast enlargement of her borders, the antaLfonisins of infi'rior interest and feeling — the spirit of nationality v.Oidd grow stronger still and more plastic; that the ti«Ic of American feeling would run ever fuller; that Ikt agriculture Mould grow more scientific ; her arts ujore various and instructed, and better rewarded ; her t:ouiinerce winged to a wider and still -wider llight ; that the part she would play in human allaiis would grow nobler ever, and more recognized ; that in this vast growth of national greatness time would be found for th'.- higher necessities of the soul ; that her po})ular and 1mm- higher education would go on advancing; that her charities and all her enterprises of philanthropy would go on enlarging ; that her age of lettered glory should fuid its auspicious dawn — and then it had been also foi'ctold him that even so, with her growth and strength, should his fame grow and lie established and cherished, there where she should garner up her heart ; that by long gradations of service and labor he should rise to be, before he should taste of death, of the peerless among her great ones ; that he should win the double honor, and wear the double wreath of professional and public su[)rcmaey ; that he should become her wisest to counsel and her most eloquent to persuade ; that he should come In !;(> called the DcfcHdcr of the Constitution and the pre.-erver of honorable peace; that the "austere glory of s;iflering" to save the Union should be his; that his • u-alh, al the sununit of greatness, on the verge of a ripe and venerable age, should be distinguished, less by the Hags ut half mast on ocean and lake, less by the minute-gun, less by tlu> public procession, and tlie ap- |)oinle(l eulogy, than by sudden paleness overspreading 17 all faces, by gushing tears, by sorrow, thoughtful, bod- ing, silent, the sense of desolateness, as if renown and grace were dead — as if the hunter's path, and the sailor's in the great solitude of wilderness or sea, hence- forward were more lonely and less safe than before — had this i^rediction been whispered, how calmly had that perfect sobriety of mind put it all aside as a per- nicious or idle dream ! Yet, in the fulfilment of that prediction is told the remaining story of his life. It does not come within the plan which I have marked out for this discourse to repeat the incidents of that subsequent history. The more conspicuous are known to you and the whole American world. Minuter details the time does not permit, nor the occasion re- quire. Some quite general views of what he became and achieved ; some attempt to appreciate that intellec- tual power, and force of will, and elaborate culture, and that power of eloquence, so splendid and remarkable, by which he wrought his work ; some tribute to the en- dearing and noble parts of his character; and some attempt to vindicate the political morality by which his public life was guided, even to its last great act, are all that I propose, and much more than I can hope w^orthily to accomplish. In coming, then, to consider what he became and achieved, I have always thought it was not easy to lay too much stress, in the first place, on that realization of what might have been regarded incompatible forms of superiority, and that exemplication of what might have been regarded incompatible gifts or acquirements — "rare in their separate excellence, wonderful in their special combination " — which meet us in him every- where. Remark, first, that eminence, rare, if not unpre- cedented, of the first rate, in the two substantially dis- 9 :i: 18 tinct nr\(] unkindro*! professions — that of the law, and th.it of |)Ml)lic life. Ill surveying that ultimate ami ntsiljed greatness in -vvliich he stands hefore you in h s lull stature and at his hcst, this douhle and Mended on-.iniMice is the first thing that fixes the eye, and the l;-.'-!. When he died he was first of American lawyers, s\nd first of American statesmen. In both characters he continued — discharging the foremost part in ea(di, (^(•-un to the fallin-j; of the awful curtain. 15oth char- ncters he kept distiiK-t — the habits of mind, tlie forms of rea>racti('e of the law in New Hampshire in the spring of 180') ; that he prosecuted it. here, in its sever- est school, with great diligence, and brilliant success, among rompetitori! of larger experience and of consum- mate abilitv, until ISJC. : that he then removed to Mas- sachusetts, and that then\ in the courts ol' that State, and of other States, and in those of the general govern- ment, and especially in the Supreme Court sitting at Washington, he pursued it as the calling hy which he was to earn his daily bread until he died. You know indeed that he did not pursue it exactly as one pursues it who confines himself to an office ; and seeks to do the current and miscellaneous business of a single bar. His professional employment, as I have often heard him say, was very much the preparation of opinions on important questions, presented from every part of the country ; and the trial of causes. This kind of professional life allowed him seasonable vacations; and it accommodated itself somewhat to the exactions of his other and public life. But it was all one long and continued practice of the law; the professional character was never put off ; nor the professional robe long unworn to the last. You know, too, his character as a jurist. This topic has been recently and separately treated, with great ability, by one in a high degree competent to the task ; the late learned Chief Justice of New Hampshire, now Professor of Law at Cambridge ; and it needs no addi- tional illustration from me. Yet, let me say, that herein, also, the first thing which strikes you is the union of diverse, and, as I have said, what might have been re- garded incompatible excellences. I shall submit it to the judgment of the universal American bar, if a care- fully prepared opinion of Mr. Webster, on any question of law whatever in the whole range of our jurispru- dence, would not be accepted everywhere as of the most commanding authority, and as the highest evi- dence of legal truth? I submit it to that same judg- ment, if for many years before his death, they w^ould not have rather chosen to intrust the maintenance and en- forcement of any important proposition of law what- ever, before any legal tribunal of character whatever, 24 to his best exertion oi' liis farultie?, than to any other al)ility which the whole wealtli of the prolession could supply ? And this alone completes the description of a lawyer and a Ibrensic orator of the first rate; hut it does not complete the description of his professional character. By the side of all this, so to speak, there was that whole class of (pialilies which made him fur any description of trial hv iurv whatever, criminal or civil, hv even a more universal assent, foremost. For that form of trial no I'aeulty was unused or needless; but you were most struck there to see the unrivalled leiral reason put off, as it were, and reappear in the form of a robust com- mon sense and elocpient feeling, applying itself to an exciting subject of business ; to see the knowledge of men and life by which the falsehood and veracity of wit- nesses, the probabilities and improbal/dities of transac- tions as sworn to, were discerned in a moment ; the direct, plain, forcible speech ; the consummate narrative, a department which he had particularly cultivated, and in which no man ever excelled him; the easy and per- fect analysis by which he convej'ed his side of the cause to the mind of the jury ; the occasional gush of strong feeliui:, indiLcnation. or pitv ; the masterlv, yet natural way, in which all the moral emotions of which his cause was susceptiide, were called to use. the occasional sove- reignty of dictation to which his convictions seemed sj)()ntaneously to rise. His ellbrts in tiials by jury com- pose a more traditional and evanescent part of his pro- fessional rei)ntation than his arguments on (piestions of law; init 1 ahnost think they were his mightiest profes- sional display.'^, or displays of any kind, after all. One such 1 stood in a relation to witness with a com- paratively easy curiosity, and yet with intimate and pro- 25 fessional knowledge of all the embarrassments of the case. It was the trial of John Francis Knapp, charged with being present, aiding, and abetting in the murder of Joseph White, in which Mr. Webster conducted the prosecution for the Commonwealth ; in the same year with his reply to Mr. Hayne, in the Senate ; and a few months later ; and when I bring to mind the incidents of that trial : the necessity of proving that the prisoner was near enough to the chamber in which the murder was being committed by another hand to aid in the act ; and was there with the intention to do so, and thus in point of law did aid in it — because mere accessorial guilt was not enough to convict him ; the difficulty of proving this — because the nearest point to which the evidence could trace him was still so distant as to war- rant a pretty formidable doubt whether mere curiosity had not carried him thither ; and whether he could in any useful, or even conceivable manner have cooperated with the actual murderer, if he had intended to do so ; and because the only mode of rendering it probable that he was there w^ith a purpose of guilt was by showing that he was one of the parties to a conspiracy of mur- der, whose very existence, actors, and objects, had to be made out by the collation of the widest possible range of circumstances — some of them pretty loose — and even if he was a conspirator it did not quite neces- sarily follow that any active participation was assigned to him for his part, any more than to his .brother, who, confessedly took no such part — the great number of witnesses to be examined and cross-examined, a duty devolving wholly on him; the quick and sound judg- ment demanded and supplied to determine what to use and what to reject of a mass of rather unmanageable materials; the points in the law of evidence to be 3 2G argued — in tlic course of whicli ho luadc an appeal to the Ik'iuh on the complete iinpunity which the rejection of the ])nsoner's confes.>^ion would give to the murder, in a .style of dignity and energy, I should rather say, of grandeur which I never heard him equal hefore or after; the high ahility and fidelity with which every part of the defence was conducted; and the great final sum- ming up to which he brought, and in which he needed, the utmost exertion of every faculty he possessed to persuade the jury that the obligation of that duty the sense of which, he said, "pursued us ever: it is omni- present like the Deity : if we take the wings of the morning and dwell in the uttermost parts of the sea, duty performed or duty violated is still with us for our hap})iness or misery" — to persuade them that this obli- gation demanded that on his proofs they should convict the prisoner : to which he brought first the profound belief of his guilt, without which he could not have prosecuted him ; then skill consunnnate in inspiring them with a desire or a willingness to be instrumental in de- tecting that guilt; and to lean on him in the eflbrt to detect it ; then every resource of professional ability to break the force of the propositions of the defence, and to establish the truth of his own: inferring a conspiracy to which the prisoner was a party, from circumstances acutely ridiculed by the able counsel opposing him as " Stufl'" — l)ut woven bv him into strong and uniform tissue ; and then bridging over from the conspiracy to the not. very necessary inference th;it the particular con- spirat«l(jiii and saj^acitv, tlif IVuit of tlie liif^licst intcllec- tiial (.'iidowiiiciits, matured tliouglit, and profound obser- vation ; his fidelity to the obhgations of that party con- nection to wliieh he was attached ; his fidelity, through all his life, still more conspicuous, and still more admi- rable, to the higher obligations of a considerate and en- larged patriotism. He had been more than fourteen years at the bar, when Mr. Webster came to it; he dis- cerned instantly what manner of man his youthful com- petit^.>^ed to a tril)unal presided over by Marshall, assisted by AVash- 31 ington, Livingston, Johnson, Stoiy, Todd, and Duvall — a tribunal unsurpassed on earth in all that gives llustra- tion to a bench of law, and sustained and venerated by a noble bar. He had called to his aid the ripe and beautiful culture of Hopkinson; and of his opponents was William Wirt, then and ever of the leaders of the bar, who, with faculties and accomplishments fitting him to adorn and gu le public life, abounding in deep pro- fessional learning, and in the most various and elegant acquisitions — a ripe and splendid orator, made so by genius and the most assiduous culture — consecrated all to the service of the law. It was before that ribunal, and in presence of an audience select ; nd critical, among whom, it is to be borne in mind, were some graduates of the colleo'e, who were attendins; to assist asrainst her, that he opened the cause. I gladly proceed in the w^ords of Mr. Goodrich. " Before going to Washington, which I did chiefly for the sake of hearing Mr. Webster, I was told that, in arguing the case at Exeter, New Hampshire, he had left the whole court room in tears at the conclusion of his speech. This, I confess, struck me unpleasantly — any attempt at pathos on a purely legal question like this, seemed hardly in good taste. On my way to Washing- ton, I made the acquaintance of Mr. Webster. We were together for several days in Philadelphia, at the house of a common friend ; and as the college question was one of deep interest to literary men, we conversed often and largely on the subject. As he dwelt upon the lead- ing points of the case, in terms so calm, simple, and pre- cise, I said to myself more than once, in reference to the story I had heard, 'Whatever may have seemed ap- propriate in defending the college at liome, and on her 32 own ^noiiiid, til If uill be no appeal tu the feelings of .h cige Marshall ami his associates at Washington.' "Phe Su})reine Court of the United States held its session, that M'in y. 11 a moan a; artment of moderate size — the Capitol not having been built after its destruction m I 1!. TIiJ audience, hen he case came on, ^vas therefore small, consistin chielly of legal n en, the clile of the profession throughout the country. Mr, Webster entered upon his argument in the calm tone of easy and dignified conversation. Pis matter -was so completely at his connnand that he scarcely looked at his brief, but Ave ii on lor n ore ihan .'bur Innir- Avith a statement so luminous, and chain of reaso ing so easy to be under- stood, and yet api)roaching so nearly to absolute dem- onstration, that he seemed to carry Avith him every man of his audience Avithout the slightest eflbrt or weariness on either side. It was hardly eloquence, in the strict sense of the term ; it was pure reason. Now and then, for a >entence or two, his eye flashed and his voice swelled into a bolder note, as he uttered some emphatic thought ; but he instantly fell back into the tone of earnest con- versation, which ran throughout the great body of his s])cech. A ^'ngle circumstance will show you the clear- ness and absorbing power of his argument. " I ob.^orve 1 t!;at Judge Story, at the open'ng of the ciisc, had prepared himself, pen in hand, as if to take copious minutes. Hour after hour I saw him lixed in the same attitude, but, so far as I could perceive, with not a note on his paper. The argument closed, and J could not ilhcover Ihal he hud lahen a a'uifjle note. Others around me remarked the same thing, and it was among the Oil dil.s of Washington, that a friend spoke to him of the fact with surprise, when the .ludge remarked, 'every thing was so clear, and so ea.sy to remember, that not a note seemed necessary, and, in fact, I thought httle or nothing about my notes.' " The aro-ument ended. Mr. Webster stood for some moments silent before the Court, while every eye was fixed intently upon him. At length, addressing the Chief Justice, Marshall, he proceeded thus : — " * This, Sir, is my case ! It is the case, not merely of that humble institution, it is the c se of every college in our land. It is more. It is the case of every elee- mosynary institution throughout our country — of all those great charities founded by the piety of our ances- tors to alleviate human mise'ry, and scatter blessings along the pathway of life. It is more ! It is, in some sense, the case of every man among us who has pro- perty of wdiich he may be stripped, for the question is simply this : Shall our State Legislature be allowed to take that which is not their own, to turn it from its original use, and apply it to such eiuls or purposes as they, in their discretion, shall see fit ! "'Sir, you may destroy this little institution; it is weak ; it is in your hands ! I know it is one of the lesser lights in the literary horizon of our country. You may put it out. But if you do so, you must carry through your work ! You must extinguish, one after another, all those great lights of science which, for more than a century, have thrown their radiance over our land ! '" It is. Sir, as I have said, a small college. And yet, there are those ivho love it .' " Here the feelin<2;s which he had thus far succeeded in keeping down, broke forth. His lips quivered ; his firm cheeks trembled with emotion ; his eyes were filled with tears, his voice choked, and he seemed struggling to the utmost simply to gain that mastery over himself which 34 iniii;lit save liiin from an uninanly burst of fooling. I ■will not attempt to give you the few broken words of tenderness in which he went on to speak of his attach- ment to the college. The whole seemed to be mingled throughout with the recollections of father, mother, brother, and all the trials and privations through which lie had made his way into life. Every one saw that it was wholly unpremeditated, a pressure on his heart, which souLdit relief in words and tears. "The court room lished l>y the people of the States, not a compact between sovereign conuuunilies, — that within its limits it is supreme, and that whether it is within its limits or not, in any given exertion of it.self, is to be determined by the Supreme Court of the United States — the ultiuKite arbiter in the last resort — from which there is no appeal but to revolution; how much he did in the course ol' the di.^cussions which grew out <»f the pro})osed mission to Panama, and, at a later day, out of the removal of the deposits, to \)\arv the executive department of the government on its true basis, and under its true limitations ; to secure to that department all its just powers on the one hand, and on the other hand to vindicate to the legislative department, and especially to the Senate, all that belong to them ; to arrest the tendencies which he thoug-ht at one time threatened to substitute the government of a single will, of a single person of great force of character and boundless popularity, and of a numerical majorit}^ of the people, told by the head, without intermediate insti- tutions of any kind, judicial or senatorial, in place of the elaborate system of checks and balances, by which the Constitution aimed at a government of laws, and not of men ; how much, attracting less popular attention, but scarcely less important, to complete the great work which experience had shown to be left unfinished by the judiciary act of 1789, by providing for the j)nnish- ment of all crimes against the United States ; how much for securing a safe currency and a true financial system, not only by the promulgation of sound opinions, but by good sj)ecific measures adopted, or bad ones defeated ; how much to develop the vast material resources of the country, and to push forward the planting of the West — not troubled by any fear of exhausting old States — by a liberal policy of public lands, by vindicating the constitutional power of Congress to make or aid in making large classes of internal improvements, and by acting on that doctrine uniformly from 1813, when- ever a road was to be built, or a rapid suppressed, or a canal to be opened, or a breakwater or a light- house set up above or below the flow of the tide, if so far beyond the ability of a single State, or of so wide utility to commerce and labor as to rise to the rank of a work general in its influences — another tie 4 38 of union because another proof of the beneficence of union ; how much to jiidttM-t the vast mechanical au'l nianufucturini^ interests of the country, a value of many hun word of complaint, still less to retaliate by war — the sympathy, but also the neutrality, of Wash- ington — how ujurli to compose with honor a concur- rence of dilliculties with the first power in the world, 39 which any thing less than the highest degree of discre- tion, firmnes»s, abihty, and means of commanding respect and confidence at home and abroad would inevitably have conducted to the last calamity — a disputed bound- ary line of many hundred miles, from the St. Croix to the Rocky Mountains, which divided an exasperated and impracticable border population, enlisted the pride and affected the interests and controlled the politics of par- ticular States, as well as pressed on the peace and honor of the nation, which the most popular administrations of the era of the quietest and best public feelings, the times of Monroe and of Jackson, could not adjust ; which had grown so complicated with other topics of excitement that one false step, right or left, w^ould have been a step down a precipice — this line settled forever — the claim of England to search our ships for the suppression of the slave-trade silenced forever, and a new engagement entered into by treaty, binding the national faith to contribute a speciucr navar'iws^ for putting an end to the great crime of man — the long practice of England to enter an American ship and impress from its crew, terminated forever; the deck henceforth guarded sa- credly and completely by the flag — how much by pro- found discernment, by eloquent speech, by devoted life to strengthen the ties of union, and breathe the fine and strong spirit of nationality through all our numbers — how much, most of all, last of all, after the war with Mexico, needless if his counsels had governed, had ended in so vast an acquisition of territory, in presenting to the two great antagonist sections of our country so vast an area to enter on, so imperial a prize to contend for, and the accursed fraternal strife had begun — how much then, when rising to the measure of a true, and difficult, and rare greatness, remembering that he had a country 40 ■to save as well as a local constituency to gratify, laying all the wealth, all the hopes, of an illustrious life on the altar of a hazardous patriotism, he sought and won the more exceeding glory which now attends — which in tlie next age shall more conspicuously attend — his name who composes an agitated and saves a sinking land — recall this series of conduct and inlluences, study them carefully in their facts and results — the readiuir of years — and 30U attain to a true appreciation of this aspect of his greatness — his public character and life. For such a review the eulogy of an hour has no room. Such a task demands research; details; proofs; illustrations; a long labor — a volume of history com- posed according to her severest laws — setting down nothing, depreciating nothing, in malignity to the dead ; suppressing nothing and falsifying nothing in adulation of the dead ; professing fidelity incorrupt — unswerved by hatred or by love, yet able to measure, able to glow in the contemplation ot^'^Vrile gredfftess and a vast and varied and useful public life ; such a history as the genius and judgment and delicate private and public morality of Everett — assisted by his perfect knowledge of the facts — not disqualified by his long friendship unchilled to the last hour — such a history as he might construct. Two or three suggestions, occurring on the most general observation of this as2)ect of his eminence, you Avill tolerate as 1 leave the topic. lieiiiail< how very large a proi)ortion of all this class of his acts, are wholly beyond, and outside, of the pro- fession of the luw ; demanding studies, experience, a turn of mind, a cast of (jualities and character, such as that profession neither gives, nor exacts. Some single speeches in Congress of consummate ability, have been 41 made by great lawyers, drawing for the purpose, only on the learning, accomplishments, logic, and eloquence of the forum. Such was Chief Justice, then Mr. Mar- shall's argument in the case of Jonathan Robbins — turning on the interpretation of a treaty, and the con- stitutional power of the executive ; a demonstration if there is any in Euclid — anticipating the masterly judgments in the cause of Dartmouth College, or of Gibbons and Ogden, or of Maculloch and the State of Maryland ; but such an one as a lawyer like him — if another there was — could have made iu his profes- sional capacity at the bar of tlie House, although he had never reflected on practical politics an hour in his life. Such somewhat was William Pinkney's speech in the House of Representatives on the treaty-making power, in 1815, and his two more splendid displays, in the Senate, on the Missouri question, in 1820, the last of which I heard Mr. Clay pronounce the greatest he ever heard. They were pieces of legal reasoning, on questions of constitutional law ; decorated of course by a rhetoric which Hortensius might have envied, and Cicero would not have despised ; but they were profes- sional at last. To some extent this is true of some of Mr. Webster's ablest speeches in Congress ; or, more accurately, of some of the more important portions of some of his ablest. I should say so of a part of that , on the Panama Mission ; of the reply to Mr. Hayne even ; and of almost the whole of that reply to Mr. Calhoun on the thesis, " the Constitution not a com- pact between sovereign States;" the whole series of dis- cussion of the constitutional power of the Executive, and the constitutional power of the Senate, growing out of the removal of the deposits and the supposed ten- dencies of our system towards a centralization of gov- •12 eminent in a Pri'-ick'nt, and a majority of the people — marked, all of them, by amazing ability. To these the lawyer who could demonstrate that the Charter of this College is a contract witliin the Constitution, or that the Steamboat Mcmopoly usurped upon the executed power of Congress to regulate commerce, was already equal — but to have been the leader, or of the leaders of his political connection for thirty years ; to have been able to instruct and guide on every question of policy as well as law, which interested the nation in all that time; every question of finance; of currency; of the lands; of the development and care of our resources and labour; to have been of strength to help to lead his country jjy the hand, up to a position of influence and attraction on the highest places of earth, yet to keep her peace, and to keep her honor ; to have been able to emulate the prescriptive and awful renown of the founders of States by doing something which will be admitted, when some generations have passed, even more than now, to have contributed to preserve the State — for all this another man was needed — and he stands forth another and the same. I am hereafter to speak separately of the political morality which guided him ever, but T would say a word now on two portions of his public life, one of ' which has been the sul)ject of accusatory, the other of disparaging criticism, unsound — uidvind — in both in- stances. The first comprises his course in ri'gard to a protec- tive policy, lie opposed a tariff of protection it is said, In ISIG, and 1820, and |S2I ; and he opposed, in 1S28, a sudden and fatal repeal of such a tarifi"; and tluMc- upon 1 have seen it written that '• this proved him a man with no great comprehensive ideay of political 43 economy ; who took the fleetmg interests, and transient ojDinions of the hour for his norms of conduct;" "who had no sober and serious convic lions of his own." I have seen it more decorously Avritten, " that his opinions on this subject were not determined by general princi- ples, but by a consideration of immediate sectional in- terests." I will not answer this by what Scaliger says of Lipsius, the arrogant pedant who dogmatized on the deeper po- litics as he did on the text of Tacitus and Seneca. Ncque est poliiicus ; nee potest qiiiequam in politid ; niJill possimt pe- dantes in ipsis rebus : nee ego, nee alius doctus possumus scri- lere in poUticis. I say only that the case totally fails to give color to the charge. The reasonings of Mr. Web- ster in 181G, 1820, and 1824, express that on mature reflection, and due and appropriate study he had em- braced the opinion that it was needless and unwise to force American manufactures, by regulation, prematurely to life. Bred in a commercial community ; taught from his earliest hours of thought to rearard the care of com- merce, as, in point of fact, a leading object and cause of the Union : to observe around him no other forms of material industry than those of commerce ; navigation ; fisheries ; agriculture, and a few plain and robust me- chanical arts, he would come to the study of the politi- cal economy of the subject with a certain preoccupation of mind perhaps ; so coming he did study it at its well heads, and he adopted his conclusions sincerely, and an- nounced them strongly. His opinions were overruled by Congress; and a national policy was adopted, holding out all conceivable promise of permanence, under which vast and sensitive investments of capital were made ; the expectations, the employments, the habits, of whole ranges of States were 44 recast ; an industry, new to us, springing, immature, had been advanced just so far, that if deserted, at that moment, there must follow a squandering of skill ; a squandering of property ; an aggregate of destruction, senseless, needless, and unconscientious — such as marks the worst form of n>voliition. On these facts, at a later day, he thought th;it that industry, tlic child of Clovern- ment, should not thus capriciously be deserted. "The dut}' of the government," he said, "at the present mo- ment would sceui to he to preserve, not to destroy ; to maintain the position which it has assumed ; and for one I shall feel it an indispensable o])ligation to hold it steady, as far as in my power, to that degree of protec- tion which it has undertaken to bestow." And does this prove that these original opinions were hasty; shallow; insincere; unstudied? Consistently with every one of them ; consistently with the true spirit, and all the aims, of the science of political econ- omy itself; consistently with every duty of sober, high, earnest, and moral statesmanshi[), might not he who resisted the making of a tariff in ]81C, deprecate its abandonment in 1828? Does not Adam Smith himself admit tliat it i^ '' nuddr Jit for (Jcllhcndion how far or in what manner, it may be proper to restore that free im- jjortation after it has been for some time interrupted?" implying that a general principle of national wealth may be displaced or modified by special circumstances — but would these censors therefore cry out that he had no "great and comprehensive ideas of political econ- omy," and was willing to ])e '"determined not by gene- ral princi[iles, but by immediate interests?" Because a fatlnT advices his son ai^-ainst an earlv and injudicious marriage; does it logieally f(»ll()\v, or is it ethically right, that after his advice has been disregarded, he is to 45 recommend desertion of the yomig ^Yife, and the young child ? I do not appreciate the beauty and " compre- hensiveness" of those scientific ideas which forget that the actual and vast " interests" of the community are exactl}^ what the legislator has to protect ; that the con- crete of things must limit the foolish wantonness of a imori theor}^ ; that that department of politics, wdiich has for its object the promotion and distribution of the wealth of nations, may very consistently, and very sci- entifically preserve what it would not have created. He who accuses Mr. Webster m this behalf of " having no sober and serious convictions of his own," must afford some other proof than his opposition to the introduc- tion of a policy ; and then his willingness to preserve it after it had been introduced, and five hundred millions of property, or, how^ever, a countless sum had been in- vested vmder it, or become dependent on its continu- ance. I should not think that I consulted his true fame if I "did not add that as he came to observe the practical workings of the protective policy more closely than at first he had done ; as he came to observe the working and influences of a various manufacturing and mechanical labor ; to see how it employs and develops every faculty ; finds occupation for every hour; creates or diffuses and disciplines ingenuity, gathering up every fragment of mind a7id time so that nothing be lost; how a steady and ample home market assists agriculture ; how all the great employments of man are connected by a kindred tie, so that the tilling of the land, navigation, foreign, coastwise and interior commerce, all grow with the growth, and strengthen with the strength of the indus- try of the arts — he came to appreciate, more ade- quately than at first, how this form of labor contributes 46 to wc'iiltli ; powor ; enjoyment; a great civilization ; he came more justly to grasp the conception of how con- summate a rlestruction it would cause — liow senseless, liow unphilosophical, how iuimoral — to arrest it sud- denly and cai)riciously — after it had been lured into life; how wiser — how far truer to the principles of the science which seeks to augment the wealth of the State, to refuse to destroy so immense an accumulation of that wealth. In this sense, and in this wav, 1 believe his opinions were matured and modified ; but it does not quite follow that they were not, in every period, con- scientiously formed and held, or that they were not in the actual circumstances of each period philosophically just, and practically wise. The other act of his public life to which I allude is his negotiation of the Treaty of Washington, in IS 12, with Great Britain. This act, the country, the world, has judged, and has applauded. Of lii.s administrative ability ; his discretion ; temper; civil courage ; his power of exar-ting respect and confidence from those with whom he comnnmicated ; and of inlluencing their rea- son ; his knowledge of the true interests and true gran- deur of the two great parties to the negotiation ; of the States of the Union more immediately concerned, and of the world whose chief concern is ])eace ; aiid of the feelings, and disparaging criticisms of the hour, in the intrepidity with which he encountered the di.sappointed consciousness that be had done a good and large deed, and earned a permanent and honest renown — of these it is the truest and nu)st unfortunate single exemplifica- tion which remains of him. Concerning: its dillicultv, impoitaiicr, and merits oi' all sorts, there were at the time, few dissenting opinions among those most con- versant with the sul)ject, although there were some; to- 47 day there are fewer still. They are so few — a single sneer by the side of his grave, expressing that " a man who makes such a bargain is not entitled to any great glory among diplomatists," is all that I can call to mind — that I will not arrest the course of your feelings here and now by attempting to refute that "sneer" out of the history of the hour and scene. " Standing here," he said in April, 1846, in the Senate of the United States to which he had returned — " standing here to- day, in this Senate, and speaking in behalf of the ad- ministration of which I formed a part, and in behalf of the two houses of Congress who sustained that adminis- tration, cordially and effectively, in every thing relating to this treaty, I am willing to appeal to the public men of the age, whether in 1842, and in the city of Washing- ton, something was not done for the suppression of crime ; for the true exposition of the principles of public law ; for the freedom and security of commerce on the ocean, and for the peace of the world ! " In that forum the appeal has been heard, and the praise of a diplo- matic achievement of true and permanent glory, has been irreversibly awarded to him. Beyond that forum of the mere "public men of the age," by the larger juris- diction, the general public, the same praise has been awarded. S'unt hie eiiam sua prcemia laiidi. That which I had the honor to say in the Senate, in the session of 1843, in a discussion concerning this treaty, is true, and applicable, now as then. " Why should I, or why should any one, assume the defence of a treaty here in this body, which but just now, on the amplest consideration, in the confidence and calmness of executive session, was approved by a vote so decisive ? Sir, the country by a vote far more decisive, in a proportion very far beyond thirty-nine to nine, has approved your approval. Some 48 there arc, some few — T speak not now of any moinbcr of this Senate — rcstles.-?, .sellit^li, reekless, •• the cankers of a eahn world and a long peace," pining with thirst of notoriety, .slaves to their hatred of England, to whom the treaty is distasteful; to whom any treaty, and all things but the glare and clamor, the vain pomp and hollow circumstance ol" war — all hut these would be distasteful and (heary. But the country is with you in this act of wisdom and glory; its intelligence; its morality; itshdjor; its good men ; the thoughtful ; the l)hilanthropic ; the discreet; the masses, are with you." "It confirms the purpose of the wise and good of both nations to be for ever at peace with one another, and to put away forever all war from the kindred races : war the most ridiculous of blunders ; the most tremendous of crimes ; the most comprehensive of evils." And now to him who in the solitude of his library depreciates this act, lirst, because there was no danger of a war with England, I answer that according to the overwhelming weight of that kind of evidence by which that kind of question must be tried, that is by the judgment of the great body of well-informed public men at that moment in Congress; in the Government ; in diplomatic situation — our relations to that power had become so delicate, and so urgent, that unless soon ad- justed by negotiation there was real danger of war. Against such evidence what is the value of the specula- tion of a private person, ten years afterwards, in the shade of his general studies, whatever his sagacity ? The temper of the border population; the tendencies to dis- order ill Canada, stimulated by sympathizers on our side of the line; the entrance on our territorv of a IJrit- ish armed force in IS-IT; cuttiuLi: the Caroline out of licr harbor, and scndiu'-- her down the falls; the arrest 49 of McLeod in 1841, a British subject, composing part of that force, by the government of New York, and the threat to hang him, which a person high in office in England, declared, in a letter which was shown to me, would raise a cry for war from " whig, radical, and tory" which no ministry could resist ; growing irritation caused by the search of our vessels under color of sup- pressing the slave-trade ; the long controversy, almost as old as the government, about the boundary line — so conducted as to have at last convinced each disputant that the other was fraudulent and insincere ; as to have enlisted the pride of States ; as to have exasperated and agitated a large line of border ; as to have entered finally into the tactics of political parties, and the schemes of ambitious men, out-bidding, out-racing one another in a competition of clamor and vehemence ; a controversy on which England, a European monarchy, a first class power, near to the great sources of the opinion of the world, by her press, her diplomacy, and her universal intercourse had taken great pains to per- suade Europe that our claim was groundless and uncon- scientious — all these things announced to near observers in public life a crisis at hand which demanded some- thing more than - any sensible and honest man" to en- counter ; assuring some glory to him who should tri- umph over it. One such observer said: "Men stood facing each other with gims on their shoulders, upon op- posite sides of fordable rivers, thirty yards wide. The discharge of a single musket would have brought on a war whose fires would have encircled the globe." Is this act disparaged next because what each party had for sixty years claimed as the true line of the old treaty was waived, a line of agreement substituted, and equivalents given and taken, for gain or loss ? But here- 5 50 in you will .see only, ^vllat the nation lias seen, the bold- ness as ^vell as sagacity of Mr. Webster. When the awaiil of the king of the Netherlands, propo.sing a line of agreement, was oflered to Pre.'sident Jackson, that strong will darc(l not accept it in face of the party poli- tics of Maine — although he advised to ofier her the value of a million of dollars to procure her a.s.sent to an adjustment which his own mind approved. What he dared not do, inferred some peril 1 suppose. Yet the experience of twentj' years; of sixty years; should have taught all men ; had taught many who shrank from act- ing on it, that the Gordian knot must be cut, not un- loosed — that all further attempt to find the true line must be abandoned as an idle and a perilous diplomacy ; and that a b(jundary must be made by a bargain worthy of nations, or must be traced b}' the point of the bayonet. The merit of Mr. Webster is lirst that he dared to open the negotiation on this basis. I sav the boldness. For appreciate the domestic dilliculties which attended it. In its nature it proposed to give up something which we had thought our own for half a century ; to cede of the territory of more than one State ; it demanded there- fore the assent of those States by formal act, committing the State jjarties in power une(juivocally ; it was to be undertaken not in the administration of Monroe — elect- ed by the whole people — not in the administration of Jackson whose vast popularity could carry any thing, and withstand any tiling; but just when the dcatli of President llanison had scattered his party; had alien- ated hearts; had severed ties and dissolved connections indispensable to the strength of administration ; creat- ing a loud call on Mr. Webster to leave the Cabinet — creating almost the appearance of an unwillingness that he should contribute to its glory even by largest service to the State. 51 Yet consider finally how he surmounted every diffi- culty. I will not say with Lord Palmerston, in parlia- ment, that there was " nobody in England who did not admit it a very bad treaty for England." But I may re- peat what I said on it in the Senate in 1843. "And now what does the world see ? An adjustment con- cluded by a special minister at Washington, by which four fifths of the value of the whole subject in contro- versy, is left to you as your own ; and by which, for that one fifth which England desires to possess, she pays you over and over, in national equivalents, imperial equiva- lents, such as a nation may give, such as a nation may accept, satisfactory to your interests, soothing to your honor — the navisration of the St. John — a concession the value of which nobody disputes, a concession not to Maine alone, but to the Avhole country, to commerce, to navigation, as far as winds blow or waters roll — an equivalent of inappreciable' value, opening an ample path to the sea, an equivalent in part for what she receives of the territory in dispute — a hundred thousand acres in New Hampshire ; fifty thousand acres in Vermont and New York ; the point of land commanding the great militar}^ way to and from Canada by Lake Champlain ; the fair and fertile island of St. George ; the surrender of a pertinacious pretension to four millions of acres westward of Lake Superior. Sir, I will not say that this adjustment admits, or was designed to admit that our title to the whole territory in controversy was perfect and indisputable. I will not do so much injustice to the accomplished and excellent person who represented the moderation and the good sense of the English govern- ment and people in this negotiation. I cannot adopt even for the defence of a treaty which I so much ap- prove, the language of a writer in the London Morn- r 2 ing Chronicle of Scpteniljcr last, avIio Im.s been said to be Lord Palincrston, ^vllic•ll over and over asserts — gubstantiall^' as his Lordship certainly did in parliament, that the adjustment 'virtually acknowledges the Ameri- can claim to the Avhole of the disputed territory,' and that ^ it gives England no share at all ; absolutely none ; i\)v the capitulation virtually and practically yields up the whole territory to the United States, and then brings back a small part of it in exchange for the right of navigating the St. John.' 1 will not say this. But I say first, that by concession of everybody it is a better treaty than the administration of President Jackson would have most eagerly concluded, if by the offer of a million and a quarter acres (jf land they could have pro- cured the assent of Maine to it. That treaty she re- jected ; this she accepts ; and 1 disparage nobody when I maintain that on all parts, and all aspects, of this ques- tion, national or state, military or industrial, her opinion is worth that of the whole country beside. I i. ^vllile attending a eouniiencement of this college, at an even- ing jiarty sketch, with great emphasis and interest of manner, the merits of CJeorge Buchanan, the historian of 61 Scotland — liis latinity and eloqnence almost eqnal to Livy's, his love of liberty and liis genius greater, and his title to credit not much worse. American history and American political literature he had by heart. The long series of influences that trained us for representative and free government ; that other series of influences "which moulded us into a united government — the colo- nial era — the age of controversy before the revolution; every scene and every person in that great tragic action — the asre of controversv followino; the revolu- O •/ CD tion, and preceding the Constitution, unlike the earlier, in which we divided among ourselves on the greatest questions which can engage the mind of America — the questions of the existence of a national government, of the continued existence of the State governments, on the i^artition of powers, on the umpirage of disputes be- tween them — a controversy on which the destiny of the New World was staked ; every problem, which has successively engaged our politics, and every name which has figured in them, the whole stream of our time was open, clear, and present ever to his eye. I think, too, that, though not a frequent and ambi- tious citer of authorities, he had read, in the course of the stud}^ of his profession or politics, and had meditated all the great writers and thinkers by whom the princi- ples of republican government, and all free govern- ments, are most authoritatively expounded. Aristotle, Cicero, Machiavel, one of whose discourses on Livy, maintains in so masterly an argument, how much wiser and more constant are the people than the prince — a doctrine of liberty consolatory and full of joy, Harring- ton, Milton, Sidney, Locke, I know he had read and weighed. Other classes of information there were, partly ob- 6 02 tainod from books, partly Irom observation — to .some extent referable to his two main employments of poli- tics and law — by whidi he was distinguished remarkably. Thus, nobody l)iit was struck ^vith his knowled