The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-08-02


would not be 10 him that the epgram would have APP
pcaion where the old Latin satrst makes the client
complain that his lawsuit is concerning tres eapaHsshfee
kids aud that bis advocate with large dsdan OF lhem'
Is haIangung with loud voice and both hsnus soou. Tue
sauGhieIs Of Gamma. the war OF Mithndaes. me peu-
Iies Of Hannibal DO detect that IN ms discus
rons of law he did not recognise authority, Just as
snxously seek for adudicaions. old and new IN his
favor Just closely silt Them aa coa's .e, una. nc
ambiguous and harmless il he could not that he did not
Just a vigorously observe the peculiar mode which that
known The peculiar logic Of the law il he had
invesgs any other than legal truth by any other or
canon than legal logic in his life Pecullares OF legal
reasoning certainly he had, belonging to The peculiar
structure and vast power OF his mnd--more original
thought discourse of principles. less OF the mere
subtlely OF analysis which is no, restrained BY good
sense and higher power OF duty tempering and com
binDg truth in practical science by other ruths
from absurdty or miscLef-bu still i was all src, and
more popular methods. the probable and plausible con-
lectures, the the compromises OF dellber
alive discussion, did net to have left the eas, trace
on his vocabulary, or his Ieasonngs, or his dsmeano
No doubt part OF bis whole culture helped to give
enlargement and general power and elevation OF mind
but the stream passed under the bitter the bit
ter pressed the sweet stream and each flowed I'M
mingled, unchanged in taste color.
have said that this double emnence is rare, il not
do not keep this ever in mind. Where do you find
parallel in British public lifes The Earl OF Chatham,
Burke, Fox, Sheridan, Wndham. Pitt Gra.ian, Peel
they also, any the acknowledged leader IN
Westminster Hall, the circuit! And on the other
hand would you say that the parliamentary
Camden. or Curren. would compare 10 DURATION con-
siancy, variety OF etorhe range of topics discussed,
the uness, extent, and aiuence Of the discussion, the
influence exered the space heJ-the senatorial charac
ter completely reazed-wth his In public
life il is easier to find parallel Great crowd on
Us in each departmen-greater or more loved or more
venerable, annals show. But how few, here,
have gathered the double wreath and the blended fame
And now having observed the fact OF this union OF in
compatible dualy and excellence. inspect for moment
The professional life of Mr. Webster began in the
spring OF 1905. II may not be said 10 have ended until
he died but do not know that it happened TO him to
appear for the trial OF after his argument
OF the Goodyear patent for improvements in the prepa
ration Of India rubber, in Trenton. in March. 1852
There saw and last heard him. The thirty our years
which had elapsed SINCE member Of this college, at
home for health fret saw and heard him in the supreme
ing ackman, accused Of The robbery Of Goodrich bad in
almost all things changed him. The raven hair, the
vigorous full frame and firm tread, the eminent but
severe beauty OF The counenance, not yet sealed with
the middle age of man, the exuberant demonstration of
all sorts of power which marked him al frs-for
these, a. once they were explored in vain Yet now
far higher the interest that attended him now His
sixy-nine yeae, robed as they were with honor and
with love- with associations of great service done 10 the
State and OF great lame gathered and safe and then the
perfect mastery OF the in it's legal and scientific
principles ard in all its facts the admirable cearness
and order In which his propositions were advanced sue
the appropriate eloquence by which they were made
probable and persuasive TO the judicial reason-an-
nou9ced the leader Of The American bar, with every
faculty and every accomplishment by which he had won
that proud title wholly unmpaired-the eye not dim, nor
the natural force abaed
i cannot here and trace his career the bar-de.
fine the stages Of his rise. the moment he 10 be
hrs cannot enter even on his character jnIist,
nor since the separate and able treatment of the topic BY
well qualified to do il justice. is il needfu Yet,
let say. that herein also the first thing which strikes
you 10 the union Of diverse, and have SAID what
might have been regarded incompatible excellences.
shall submit Il to the ludgmen, OF the American bar, II
carefully prepared opinion of Mr. Webster on any Ques
lion OF Law whatever in the whole range OF our lurls
prudence, would not be accepted everywhere of the
most commanding authority, and the hest evil
dence OF legal truth submit 10 that same judgment,
if for many years before his DEATH they would have
OF any important propositions Of law whatever, before
any legal tribunal Of character whatever 10 his best
ton OF his faculties, than 10 any other ability which the
whole wealth OF the profession could supply ,
And this alone completes the description OF a lawyer
and forensic orator Of the fret class but il does
complete the description Of his professional character
1..ss which 70. .ny dssc, ip,ian of
trial BY jury whatever. criminal or civil, BY
universal assent, foremost For that form OF trial no
faculty unused needless; but you were most |
struck there TO the unrvalIed legal put off,
were, and reappear in the form Of robust coamon
sense and eloquent feeling, applying itself TO exciting
subject OF business TO see the Knowledge OF meh and
life by which the falsebood and verac,y OF Witnesses
the probabilities and improbabilies OF transactions
sworn 10, were discerned in momeni-,he direct plain,
forcible speech-the consumnate narrative-ihe easy
and perfect analysis by which he conveyed his side OF the
strong feeling Indignation or py-a mastery, yet naiu
raj way in which all The moral emotions OF which his |
susceptible, called use-tbe occasional
sovereignty OF dclaon 10 which his convictions seemed
spontaneously TO HIS efforts trials by Jury com
pote more Traditional and evanescent part OF bis pro-
fessiona reputation than hrs Arguments on questions OF
law but almost think they his mghiies 2rofes-
sional displays, displays OF any kind, after all
doubt II hs prosecution OF the murderer OF Joseph
White moi far difficult and higher effort OF
mind than bis more famous "Ora,on tor the Crown
The reply to Mr. Hayne, delivered 4 few months be.
fore
1t would no, be unpleasing and would be quite within |
my plain and my actual preparation, 10 pause and recall
the names and attempt appreciate the influence Of some
Of that succession OF competitors OF judicial frends-o
Mason, and Smith, and Story and Dexter and Parsons
oy whote rivalry and counsels he bonored, and /
stimulated and taind but that time forbds H. Equally
within my plan would sso be 10 enumerate the names
least OF some OF the great by which his fame
was built, and Try 10 convey some impression OF the
city OF the questions involved and the importance OF
the principles adudged But there is only one OF which
have time 10 say anything and that is the which
established the involability OF the charter OF Dart
mouth College by The legislature OF the State OF New
Hampshire. Acls OF the legislature passed in the year
1916. had invaded lis charter. suit brought to
test their validity. II was tired in the supreme oil
the State. judgment was given against the college,
and this was appealed 10 The supreme federal court by
wnt OF error Upon solemn argument the charter was
decided 10 be contract whose obligation State may
not impair. The decided TO be invalid an
that decision to-day. How much Mr. Webster conirbu
ted to that result, how much the effort advanced hs
own distinction at the bar. you all know Well IL OF
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