The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-30


For that form OF trial no faculty was unused or
needless but you were most struck there to see
the unrivaled legal reason put of. as Il were
and re-appear in the form of robust common
sense and eloquent feeling, applying itself to an ex-
citing subject OF business; to zee the knowledge of
men and life by which the falsehood and vera
city OF witnesses-the probabilities and improbab-
lties OF transactions as sworn to- were dscerned 10
moment-the direct plain, forcibe spec ;h-the con-
summate narrativethe easy and perfect analysis by
which he conveyed his side of the to the mind
of the jury-the occasional gush THE strong feeling
indignation or pity-a mastery, yet natural way in
which all the moral emotions of which hs cause WAS
susceptible, were called to use-the occasional
sovereignty Of dictation to which his convictions
seemed spontaneously to rise. His Efforts in trials by
jury compose more traditional aud evanescent part
OF BIS professional reputation than his arguments on
questions OF law but almost think they were his
mghtest professional displays, or displays Of any
kind, after all.
doubt if his prosecution Of the murderer Of Joseph
White was not far more difficult and higher eff 'rt
of mind than his more famous Grafton for the
Crown the reply to Mr.. Hayne, delivered few
months before.
1t would not be unpleasing and would be quite
within my plan and my actual preparation, to pause
and recall the names, and attempt to appreciate the
Of judicial friends-of Mason, and Smith, and
Story, and Dexter, and Parsons, by whose rivalry
and counsels he was honored, and stimulated, and
trained-but that time forbids It, Equally within
-,
at least, Of some Of the great causes by which his
fame was built, and try to convey some impression
of the novelty Of the questions involved and the i'm
portance Of the principles adjudged. Bat there is
only one o. which have time :, say anything, and
that is the case which established the invola-
bity Of the charter Of Dartmouth College by
the Legislature of the State Of New Hamp-
shire. Acts Of the Legislature, passed in the
year 1916, had invaded its charter. suit was
brought to test their validity. il was tried in the
In nj ho ind mi VA ,Ca an
against the college, and this was appealed t, the
Supreme Federal Court by writ of error. Upon
solemn argument the charter was decided to be a
contract whose obligation State may not impair.
impair it, and you hold your charter under that de-
cjsion to-day. How much Dir. Webster contributed
to that result how much the effort advanced MS )wn
distinction at the bar you all know Vel, as II Of
from Washington, that Mr.. Webster closed legal
argument of great power by peroration which
charmed and melted his audience. Often since
have heard vague accounts, not much more satisfac
tory of the speech and the scene. was aware tn 1t
the report of his argument as it is published, did
not contain the actual reroration and supposed it
lost forever By the great kindness Of learned aud
excellent person, DR.. Chauncy A. Goo irich, Pro-
lessor In Yale College, with whom l have not
the honor OF a personal acquaintance, although
life were well known to ME, l can read
to You the words whose power, when those
lips spoke them, so many owned, although
they could not repeat them. As those lips
spoke them we shall hear them nevermore, bit no
utierance can ex.inguish their simple, sweet and
perfect beauty. Let me first bring the general
fcene before you and then you will hear the rest IN
Mr.. Goodrich's description. II was in 1918, in the
thirty year Of Mr.. Webster's age. 1t was
addressed to tribunal presided over by Marshall,
assisted BY Washington, Livingston, Johnson, Ssory,
Todd and Duval-a tribuDsl unsurpassed on earth
in all that gives illustration to bensh Of Law, ani
sustained and venerated bya noble bar. He had
called to his aid the ripe and beautiful culture If
HopkinsoD, and Of his opponents vas William Writ.
then and ever of the leaders Of the bar, who, with
faculties and accomplishments fitting him to adorn
and ide public life Astounding in deep professional
learning and in the most various and elegant acq1i-
sons ripe and splendid or tor m ade 30 by genius
and the most assiduOus culture, consecrated all to
the service of the law-t was before that tribunal
and in presence OF an audience select aud criti "a
among whom it Is borne in mind, we're some gra5u
ates of the college, who were attending TO assist
against her, that he opened the Cause gladly pro-
coed in the words ~ Mr.. Goodrich -
Before gong to Warrington, which did chiefly for
the sa,e OF bearing Mr.. Webster ~as told that Ia
guir the Exeter New HsmPsntre he had lf
whole il tssrs ~ the csacsc Of pis speech.
This confess, struck me nnLsa ATTY any attenp NJ
il good tas.e On my way to W.-hing.eu made the
Of Mr.. Webster. We vsre together for
several days r PhiadelphS, At the house OF common
friend and as the College question WAS one Of deep in
literary nec copversed eftAn and largely
tbe subject As he tweit tos esdiog points oi the
in terms cain simple snl precise sad TO my
self TRAN 10 rssereacs to the story hsd
hes 3D. Whatever may have seemS4 apprs pirate in de-
ending the college ct home. and on her ON ground,
here will be appeal to the feelings Of Judge Marshall
nd mis- associates st Washington
The Supreme Court OF the United States held its
session that winter in mean apartment, OF mode
rate size-the Capitol not having been built after its
destruction in lsl4. The audience, when the case
came on, was therefore small consisting chiefly Of
legal men, the elite of the profession throughout the
country. Mr. Webster entered on his argument in
the calm tone OF easy and dignihed conversation
His matter was SO completely at his command that
he scarcely looked at his BRIEF but went on FOR
than four hours with statement 40 luminous and o
chain Of reasoning easy to be understood and yet
approaching SO nearly to absolute demonstr ,tion
that he seemed to carry with him every man OF his
audience without the slightest effort WEAKNESS on
either side 1t was hardly eoqueuce, in tbs strict
sense Of the term-it was pure reason. Now and
then, for sentence or two, his eye flashed and his
voice swelled into holder note as he uttered some
emphatic thought, but he instantly fell back into
the tone of earnest c0nve rsaton which ran through
out the great body OF his speech. single circlm-
stance will show you the clearness and absorbing
power of his argument
observed that Judge Story, at the opening Of the
case, had prepared himself pen In hand as il to take
copious minutes. Hour after hour, saw him fixed
in the attitude, but far could percei re-
with not note on his paper. The argument closed
and could not discover that he had taken single
note. UtDeTS arOuDu me TeIuaTkeu Tue sAUc LluR,
and it was among the 81, dts of Washington, that
friend spoke to him Of the fact with surprise, when
The Judge remarked
E,ery,nips vas ~ clear aod easy rbsr that
NOT ftte scared necessary, and, in fact, thought
Eth yo'h,nx about my potes.
TIE argument ended, Mr.. Webster stood for some
moments silent before the court while every eye va.
fexd intently upon him. At length, addressing the
Chief Justice, Marshall he proceeded thus
This SIR. IL my eEssl IL is the Case ms,sly Of
that humes inssuton-it il the 81 every coisxs
in Iaod II Is II 10 tie OF every elee-
posynasy ipsttutep throughout our couotry-of all
these great charities fudec oy the ptety Of ansry
alleviate mery and scatter blessings along the
pathway Of life. It IL ors II 10 in the
every amongst who has property OF ~hicn
may be stripped for the question Ia oily this shall
State Ieab atures be wed to take thai which is
their own 20 turn II ftn its original and
10 such eud. puepo.es they in their di,creuoa,
hall see ftt" sir you may destroy tsis little nsritu
ion; II IL veak il ~ IN your h>rds l krsw IL IL
Of the lesser light. in the t--sy horzsa Of our country
You may put II Out BIT il you do you must GARY
,hreuph your work You mus 4 eInaguish tf.er
her sn these great h9bts Of saiesce which, for
bss century, have thro their rsosaos Sad
Ia cir 8 have said s0ai college. Aud yet there
thcts who love IT, Isse the 'esl,nes shico hs had
succe d. k Dos dowr broke forth his lps