The voice of freedom. [volume] (Montpelier, Vt.) 1839-1848, 1848-01-20
FORENSIC ELOQUENCE.

Although the grave and quiet chamber of the
Supreme Court is the theatre in which are exhibit
ed the highest efforts of mind, and often the highest
flights OF eoquence, yet from the professional nature
of these displays, and their disconnexion with the
| topics of popular interest, they seldom attract the
notice of the press or reach the knowledge of the
| distant public. One of these surprising examples
of the highest powers of reasoning and eloquence
combined has been lately exhibited in an argument
| delivered before the Court by Mr.. Webster Hav-
ing heard much of this speech nhd Of the admiration
with which it inspired a numerous auditory, we
quote the annexed account of it from the cores
| pondence of the Baltimore Amercan.-4Ndt. hatek
WASHINGTON, Dec. o.
| Mr. Webster made his argument before the Su-
pseme Court this morning upon the passenger tax
case. The courtroom was crowded. the ladies &C.
cupying most of the seats assigned to the audience.
The argument was eninently Websterian-close
compact, powertul | know not when have heard
Mr.. Webster with more pleasure or Instruction.
His reply to Mr. Van Buren, was distinguished for
point, force, and great pavfuness particularly in
answering the argument that it was New York
which poured of her abundance into the lap of the
National Treasury.
Mr.. Webster admitted the great commercial inn
porance Of New York, the skill and industry of her
mechanics, the great distinction of her professional
men, her present prominence and destined great
ness, but she was the distributing point of the
imports of the Union. Much of her wealth was de
the distributing agent of the Government and of
the and producers Of other points Of the
Union.
Unaided by the rest of the Union, New York
would be as nohng-a huge detormity-a cCtpW
mO'tuaHa, and nothing more. SO in regard to her
courts, which had rendered Il decision in this case
against the plaintiff in error.
However respectable these courts, it became the
duty of this court to revise their decisions and If
he I'm Of hn Stot had bnnn
croached upon, to reverse their judgments This
court charged with precisely this duty, the re-
vision of the decisions OF the courts below, and no
matter how respectable tho courts were were
presumed to be.
Mr. Webster spoke powerfully of the sanctity of
the decisions Of the Supreme Court, in reply to Il
remark of the opposite counsel that the people
beginning to forget the life tenure of the Judges in
consequence OF the infusion Of popular sentiment in
to the decision Of the courts. He considered this
Il very left-handed compliment at best, and it was
one he certainly should not pay the court.
The early decisions of this court were in some
measure Inherent to the constitution itself. They
were, indeed part of the constitution, and he
could not be disrespectfu to the memory Of Jay,
Ellsworth, Marshall, Story, Thompson, Baldwin,
redel and Others as to reflect upon decisions made
oy them, and interviewer as they were with the con
'titution of the government.
Mr.. Webster early came to the argument of the
ainlv cannot he surpassed, fequalled by any coun-
el or justice i'll the land.
The concluding remarks of Mr.. Webster were
ome stirring comments upon the commercial power
If the country, and eloquent references to the
circumstances which originated its existence in the
constitution of the United States, which was mainly
he necessity of the States. These could not thrive
without the existence Of this power and with some
general depository of its enactment such as the
congress Of the United States.
Authorities were quoted to show that commerce
extended to persons as well as to things to masters
VI vessels upon whom this tax was imposed, as to
he vessels over which they had command. The
greatest difficulty, it was argued would flow from
he surrender now, or the acquicscence i'll the eX
'rcise of such powers Oh the part of the States.
Mr.. Webster incidentally alluded to the question
If domestic slavery, which had been made promi-
lent by counsel upon the other side. 1t was, he
aid, peculiar institution, the existence Of which
vas recognized by the constitution Of the United
States. There it was placed by those who framed
is existence, and he did not wish to disturb it, nor
should he lift his finger to do 1t belonged not to
lin. but to those alone who had power over it.
Mr. Choate will commence the Massachusetts, case
o-inorrow, and the further argument may be post
,oned for some days, Mr. Ashmun, of Massachusetts,,
emarking that Gov. Davis, counsel on the same
ide, having been taken ill on Monday, and since
hen not able to be i'll attendance upon the court