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

tude OF the wilderness or sea, henceforward were
more lonely and less safe than befere-had this
prediction been whispered, how calmly had that
perfect sobriety Of mind put it all aside, as per-
ncious or idle DREAM Yet in the ful6ment Of that
prediction is told the remaining story OF his life.
II does not come within the plan which have
marked out for this discourse to repeat the incl
dents OF that subsequent history. The more con-
spicuous are known to you and the whole American
world. Minuter details the time does not permit,
nor the occasion require. Some quite general
news OF what he became and achieved, some at
tempt to appreciate that intellectual power and force
OF will and elaborate culture, and that power OF
eloquence 40 splendid aud remarkable, by which he
wrought his work I; some tribute to the endearng
and noble parts Of his character, and some attempt
to vindicste the political morality by which his pub
lie life guided, to its last great act, are all
that propose, and much more than / can hope
worthily to accomplish.
In coming. then. to consider what he became and
achieved, have always thought it was not easy to
lay too much stress in the first place. that reaiza
ton Of what might have been regarded incomDa
tible forms OF superiority, and that exempfcation
Of what might have been thought incompatible gifts
or requirements. which meet us in aim everywhere
Remark, first. That emnence, rare, II not unprece-
deDted, Of the first rate in the two substantially dis
inct and unkindre1 professionalism Of the law
and that OF public life. In surveying that ultimate
and finished greatness in which he stands before
you In his full stature and at his best tn double
and blended eminence is the first thing that fixes
&c
American lawyers and first OF American statesmen.
In both characters he continued dis charging the
foremost part in each down TO the falling OF the aw-
full curtain. Both characters he kept dstinct-the
habits of mind the forms OF reasoning the nature Of
the proofs the style OF eloquence. neither hurt
changed the other. How much his understanding
was "quickened and iIvigorated" by the law |
have often beard him acknowledge and explain.
BIT bow in spite Of the law was thatmind, by other
felicity and other culture, opened and liberalzed'
also How few OF what are called the bad intellec-
tual habits OF the bar he carried into the duties Of
craftsmanship His interpretations OF the consttl
ton and Of treatieshis exoositions Of public law
how little in them, where, il anywhere, you would
miculate questions" the word-c Aching the school
sstic subtlety which in the words Of his memorable
quotation
''ean sever and divide
hair twixt north and northwest side I"
ascriled by Satire to the profession, and how much
Of its trrer functions and nober power Of calling,
history, language, the moral sentiments, reason,
common sense, the high spirit of magnanimous
nationality, to the search Of truth! How little do
you find in his politics OF another bad habit OF the
profession, the worst idol Of the cave morbid,
unreasonng and regretful passion for the past that
bends and sweeps over the stream running rreverSi
bly, because it will not return and will not pause,
and gives back TO vanity every hour changed and
less beautiful face We ascribe to him certainly
sober and conservative habit of mind and such he
habit the study and practice OF the law
doubtless does not impair: But his was nay Lord
Bacons conservatism. He held with him, "that
antiquity deserveth this reverence, that should
make stand therenpon and discover what is the
best way; but when the discovery is well taken,
then to make profession He would keep the
Union according tn the Constitution, not relic,
a memorial, tradition---not for what it had done,
though that kinded his fortitude and excited his ad
for what it is now and hereafter to
do when adapted by wise, practical philosophy to
o wider and higher erea, to larger numbers, to
av,1v frln~ hAfin hn hiatt
than he has grasped and displayed the advancing
and enargng duties Of America? Who
has caught, whose eloquence, whose genius, whose
counsns, have caught more adequately the genuine
ed by what moral and prudential policy, by what
improved culture of heart and reason, by what true
worship Of God, by what good faith to all other ma
lions, the dangers of that destiny may be disarmed
and its large promise laid hold onl
And while the lawyer did not hurt the statesman,
the statesman did not hurt the lawyer. More. the
statesman did not modify, did not unrobe, did not
,nge the lawyer. 1t would not he to him that the
'pigram would have application where the old Latin
atrist makes the client complain that his law suit is
concerning tres cdpdVde-three kids; and that his
advocate, with large dsdan Of them, is haranguing
With loud vice and both hands about the slaughers
IL Gamma, the war OF Mithrdates, the perjuries
of Hannibal. l do never detect that in his dis
cussions Of law he did not recognize authority,
just as anxiously seek for adjudication old and
new in his favor just as closely sft them and
collate them, that he might bring them to his
side if he could, or leave them ambiguous and
harmless if be could not; that he did not just RI
gorcusly observe the peculiar mode which that
science employs in passing from the known to the
the peculiar logic OF the law as if he had
never investigated any other than legal truth by any
other organ than legal logic in his life Peculiarities
OF legal reasoning certainly he had belonging to the
peculiar structure and vast power of his mind more
original thought, discourse Of principles less Of
the mere subtety Of analysis which is not restrained
by good sense, and higher power Of duty temeper-
ing and combining one truth in practical science
by other truths from absurdity or mischief-but still
it was all strict and exact legal reasoning The long
habit of employing the more popular methods, the
probable and plausible conjectures, the apprexima
lions the compromises of deliberatve discussion. did
not to have left the least trace his vocabula
ny, or his reasonings, or his demeanor No doubt,
part OF his whole culture, it helped to give
largement and general power and elevation OF mind
but the sweet stream passed under the bitter sea- the
bitter sea pressed on the sweet stream, and each
flowed unmingled unchanged in taste or color.
| have said that this double emnence is rare if not
We do no injustice to Mr.. Webster
if we do not keep this ever in mind Where do you find
a parallel in British public life Z The Earl of Chat
ham, Burke, Fox, Sheridan, Wndham, Pitt, Graf
tan, Peel-were they also, any one, the acknow-
ledgedeader in Westminster Hall or on the circuit?
And, on the other hand, would you say that the
mere Parliamentary career Of Mansfield or Thurlow,
Dr. Cunning, or Erskine, or Camden, Curran would
compare in Duration constancy variety OF effort, the
ange Of topics discussed, the fitness, extent and
uence Of the discussion, the influence exerted the
paoe filed the senatorial character completely rea
his2 In own public life it Is easier to
ind a parallel Great names crowd on us in each
department. greater more loved or more venerable,
no annals can show. Bat how few, even here, have
gathered the double wreath and the blended fame
And now having observed the fact Of this union
Of incompatible quality and excellence, inspect for
moment each by ITSELF
The professional life Of Mr.. Webster began In the
spring Of 1905. IL may not be said TO have ended
until be died; but do not know that 1t happened to
him TO appear in court for the trial of cause after
bis argument Of the Goodyear pateut for improve
nent in the preparation OF India rubber in Trenton
In March, 1862.
There saw ard last heard him. The thirtyfour
years which had elapsed since, member Of this Col
IsCe, at home for health, firpt saw and heard him
in the Supreme Court Of Massachusetts, in the
county Of Essex, defending Jack,nan, accused Of
the robbery Of Goodrich, had ia almost all things
changed him. The raven hair the vigorous, full frame
and firm tread. the eminent but beauty of the
rountenance, not yet sealed with the middle age Of
man, the exuberant demonstration OF all sorts OF
power, which 20 marked him at lirst-for these, as
49,. I ,xnI 10 V.k A..,x F,~