Page:Appletons' Cyclopædia of American Biography (1889, volume 6).djvu/440

408 brought suit against Judge Woodward in an action of trover for the college seal. The case was tried in May, 1817, with those two great lawyers, Jeremiah Mason and Jeremiah Smith, as counsel for the plaintiffs. It was then postponed till September, when Mr. Webster was secured by the plaintiffs as an additional counsel. The plaintiffs contended that, in the case of a corporation chartered for private uses, any alleged misconduct of the trustees was properly a question for the courts, and not for the legislature, which in meddling with such a question plainly transcended its powers. Their chief reliance was upon this point, but they also contended that the act of legislature reorganizing the college was an act impairing the obligation of a contract, and therefore a violation of the constitution of the United States. The state court at Exeter decided against the plaintiffs, and the point last mentioned enabled them to carry up their case to the supreme court of the United States. As the elder counsel were unable to go to Washington, it fell to Mr. Webster to conduct the case, which was tried in March, 1818. Mr. Webster argued that the charter of Dartmouth college created a private corporation for administering a charity; that in the administration of such uses the trustees have a recognized right of property; that the grant of such a charter is a contract between the sovereign power and the grantees, and descends to their successors; and that, therefore, the act of the New Hampshire legislature, in taking away the government from one board of trustees and conferring it upon another, was a violation of contract. These points were defended by Mr. Webster with masterly cogency, and re-enforced by illustrations calculated to appeal to the Federalist sympathies of the chief justice. He possessed in the highest degree the art of so presenting a case that the mere statement seemed equivalent to demonstration, and never did he exhibit that art in greater perfection or use it to better purpose than in this argument. A few sentences at the close, giving utterance to deep emotion, left judges and audience in tears. The decision, rendered in the autumn, sustained Mr. Webster and set aside the act of the legislature as unconstitutional. It was one of those far-reaching decisions in which the supreme court, under John Marshall, fixed the interpretation of the constitution in such wise as to add greatly to its potency as a fundamental instrument of government. The clause prohibiting state legislation in impairment of contracts, like most such general provisions, stood in need of judicial decisions to determine its scope. By bringing under the protection of this clause every charter granted by a state, the decision in the Dartmouth college case went further perhaps than any other in our history toward limiting state sovereignty and extending the jurisdiction of the Federal supreme court.

In the Massachusetts convention of 1820 for revising the state constitution Mr. Webster played an important part. He advocated with success the abolition of religious tests for office-holders, and in a speech in support of the feature of property-representation in the senate he examined the theory and practice of bicameral legislation. His discussion of that subject is well worthy of study. In the same year, at the celebration of the second centennial of the landing of the Pilgrims, his commemorative oration was one of the noblest ever delivered. In 1825, on the laying of the corner-stone of Bunker Hill monument (see illustration), he attained still higher perfection of eloquence; and one year later, on the deaths of Adams and Jefferson, his eulogy upon those statesmen completed a trio of historical addresses unsurpassed in splendor. The spirit of these orations is that of the broadest patriotism, enlightened by a clear perception of the fundamental importance of the Federal union between the states and an ever-present consciousness of the mighty future of our country and its moral significance in the history of the world. Such topics have often been treated as commonplaces and made the theme of vapid rhetoric; but under Daniel Webster's treatment they acquired a philosophical value and were fraught with most serious and earnest meaning. These orations were conceived in a spirit of religious devotion to the Union, and contributed powerfully toward awakening such a sentiment in those who read them afterward, while upon those who heard them from the lips of the majestic speaker the impression was such as could never be effaced. The historian must assign to them a high place among the literary influences that aroused in the American people a sentiment of union strong enough to endure the shock of civil war.

In 1822 Mr. Webster was elected to congress from the Boston district, and he was twice re-elected by a popular vote that was almost unanimous. When he took his seat in congress in December, 1823, the speaker, Henry Clay, appointed him chairman of the judiciary committee. In that capacity he prepared and carried through the &ldquo;Crimes act,&rdquo; which was substantially a thorough remodelling of the criminal jurisprudence of the United States. The preparation of this bill showed in the highest degree his constructive genius as a legislator, while in carrying it through congress his parliamentary skill and persuasiveness in debate were equally conspicuous. In 1825 he prepared a bill for increasing the number of supreme court judges to ten, for making ten Federal circuits, and otherwise strengthening the working capacity of the court; but this bill, after passing the house, was lost in the senate. Of his two most celebrated speeches in congress during this period, the first was on the revolution in Greece. Mr. Webster moved, 19 Jan., 1824, the adoption of his own resolution in favor of making provision for a commissioner to Greece should President Monroe see fit to appoint one. In his speech on this occasion he set forth the hostility of the American people to the principles, motives, and methods of the &ldquo;Holy Alliance,&rdquo; and their sympathy with such struggles for self-government as that in which the Greeks were engaged. The resolution was not adopted, but Mr. Webster's speech made a profound impression at home and abroad. It was translated into several European languages, and called forth much foreign comment. The other great speech, delivered on 1 and 2 April, 1824, was what is commonly called his &ldquo;free-trade speech.&rdquo; A bill had been introduced for revising the tariff in such a way as to