Weekly national intelligencer., 1853-09-17


year OF Mr. Websters age Ii addressed 10 trbu-
nal presided by Marshall assisted by Washington,
Livingston, Johnson Story, Todd, and Duyaa tribunal
unsurpassed earth in all that gives illustration TO
bench Of law and sustained and yenerated by noble
bar He had called to his aid ne ripe and beautiful eu
ture Of Hopkinson and OF his opponents was William
Writ then and of the leaders OF the BAR who with
faculties and accomplishments fitting him to adorn and
guide public life, abounding in deep professional learn
ing and in the various and elegant acquisitions,
ripe and splendid orator. made by genius and the most
asduous culture, consecrated MI TO the service of the
law It before that tribunal md in presence Of an
audience select and critical among whom it is to be horne
in mnd some graduates Il the college, who were
attending to assist against her. that he opened the
/ gladly proceed in the words of MIR. Goodrich:
Before going to Washington, which did chiefly for
the sake of hearing Mr.. Webster, was told that, III
arguing the at Exeter New Hampshire he had LETT
the whole COURTROOM in tears at the conclusion OF his
speech This confess, struck me unpleasanty-any
attempt at pathos purely legal question IKE TINS
seemed hardly in good taste On my way 10 washington
made the acquaintance of Mr.. Webster We were To-
cether for several days Philadelphia at the house OF
common friend and as the College question was one Of
deep interest 10 literary men, we conyersed often ana
largely the subject As he dwelt upon the eading
points of the case terms calm simple and precise
said myself than III reference to the story
had heard Whatever may have seemed appropriate in
defending the College at home, and on her own ground
there will be appeal 10 the feelings OF Judge Marshall
and his associates at Washington. The Supreme Court
of the United States held its session that winter In mean
apartment of moderate sze the Capitol not having Deen
built after its destruction in 1914 The audience, when
the on, therefore small, consisting chiefly
Of legal men, the elite of the profession throughout the
country Mr. Webster entered upon his argument in the
calm of easy and dgnifed conversation His matter
completely at his command that he scarcely looked
his brief, but for four hours with statement
luminous, and chain Of reasoning SO easy to be un
dersood and yet approaching nearly to absolute de-
montraton that he seemed to carry with him every man
of his audience without the slightest effort WEAKNESS
either side 1t hardly eloquence in the strict
SEN If ba form. vns nJ1rpr rens
for sentence two his eye flashed and his voice swell
ed into bolder note as he uttered some emphatic
hought but he instantly fell back into the tone Of earnest
conversation which throughout the great body OF his
speech single circumstance will show you the clear
ness and absorbing power of his argument
:" observed that Judge Story, at the opening of the
case had prepared himself pen in hand as if totake
pious minutes Hour after hour saw him fixed in the
attitude, but far could perceive, with not
note his paper The argument closed and could not
dscour that he had taken single note Others around me
remarked the thing, and it among the dts
of Washington that friend spoke him of the fact with
surprise when the Judge remarked every thing was so
clear and SO easy to remember that seemed
necessary and in fact thought little nothing about
my notes
.sThe argument ended Mr. Webster stood for some
silent before the Court while every eye was fixed
ntently upon him. At length addressing the Chief JUS
tice Marshall, he proceeded thus:
- This sir mn case 1t is the merely Of that
humble institution the of every college in land
is it is the of every eeemosynary institution
throughout country of all these charities founded
by the piey of alleviate human misery and
scatter blessings along the pathway of fe 1t is more 1t Isl
in the of every among US who has pro-
pery which he may stripped for the question is simply
this shall our State Legislatures be allowed to take that
which not their it from its original and
apply to such ends purposes as they in their discretion
shall see fit?
Sir you may destroy this little instution it is weak
it in your hands know it Of the lesser lights in the
literary horizon country You may put But If
you do you carry through your work You must
exnguish after another all those great lights Of science
which for than century have thrown their radiance
our land
"sIt is sir as have said small college. And yet there
those Dho-wao l0re t.
Here the feelings which he had thus far succeeded
in keeping down broke forth. His lips quyered; his
firm checks trembled with emotion his eyes filled
with tears his voice choked and lie seemed struggling
the utmost simply to gain that mastery himself
which might him from unmnny burst of feeling
| will not attempt TO give you the few broken words of
tenderness in which he went speak Of his attach
ment to the college. The whole seemed TO be mingled
throughout with the recollectons of father mother bro
her and all the trials and priyaons through which he
had made his way into fe Every saw that it was
wholly unpremedtated pressure on his heart, which
sought relief in words and tears.
"The court during these two or three minutes
presented extraordinary spectacle. Chief Justice
Marshall with his tall and gaunt figure bent if TO
catch the slightest whisper the deep burrows Of his cheek
expanded with emotion, and eyes sufused with tears
Mr. Justice Washington at his sde with his small and
emacaed frame and countenance like marble than
/ any other human being, leaning forward
with eager troubled look and the remainder Of the
Court the extremites, pressing, were toward
single point, while the audience below were wrapping
themselves round in closer folds beneath the bench
catch each look and every movement Of the speaker face
IL painter could give the canvass those forms
and untenances and Daniel Webster he then stood
in the midst it would be of the most touching pic
in the history Of ecquence One thing it taught
that the pathetic depends not merely the words ut
tered, but still the estimate put upon him
who utters them There not among the strong
minded Of that assembly who could think it
y to weep when he saw standing before him the man
who had made such argument melted into the tender
I ness Of a child.
Mr Webster had now recovered his composure, and,
fixing bis keen eye the Chief Justice said in that deep
tone with which he sometimes thrilled the heart Of
dience
"'sr, know not how others may feel (glancing Mt
the opponents Of the College before him. but for my
self, when see my alma mater surrounded, like Caesar
in the Senate House By those who are reiterang stab
upon stab would for this right hand have her turn
TO and say, Eli gUogus M MI 7ad thou TOO 1nsoa p
| " lie sat down. There a deathlike stiffness
throughout the for moments every one SEEM
ed 10 be slowly recovering HIMSELF and coming gradually
back to his ordinary range Of thought and feeling"
1t while Mr. Webster ascending through the
long gradson Of the legal profession its highest rank
that by parallel series Of display stage and In parts
he also to be at his death the first American
men The last Of the mighty rivals dead before and
he stood alone Give this aspect also Of his greatness
passing glance His public life began in May 1919 in
the House Of Representatives in Congress to which tbs
State h-1 ia.a him. It ended when 10 dicd. IL you
except the interval between his removal from New Iap-
shire and his election in Massachusetts, il was public
life Of forty ysars by what political morality, and by
what enlsrgei PATRIOTISM embracing the whole country
that life was guided shall consider hereafter Let me
fix yourattention rather the magnitude and va
rey and acta value Of the service Consider from
the day he upon theCommitee ofForeign Relations