The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1853-08-06
Hi Choate upon Mr. Webster.

- "' La 'iiOutH 'OlIcTG upon the
Lite and Character of the late Hon DANIEL
WEBSTER. From that portion devoted to
his career at the bar, we copy the annexed
extract:
Il doubt if his prosecution Of the murderer
"i .'"-"ph White was not Il far more difficult
and higher effort of mind than his more IA
NOUS "OraiiOn for the Crown the reply To
Mr. Ilaylc, delivered a few months before
II would not be unplca>nu. and would he
quite within my plan and my actual prepare
uon. to raU>c ana recall the names and at
temp, to appreciate the influence of some of
that succession OF competitors of judicial
friends Of Mason and Smith and Story and
DEXTER, and Parsons by whose rivalry and
roun>cI> he was honorcd. and stimulated and
trained but that time torbids it, EuIallv
within my plan it would also be to cnumcratc
the names. at least ot some OF the great caus-
e, by which his fame was built, and try to
convey some impression Of the novelty of the
questions involN and the Importance OF the
principles adjudgcd. But there is only one
OF which have time TO say ANYTHING, and
that is the case which established the invio-
Liability OF the charter OF Dartmouth College
hv the Legislature of the State Of New lamp
shire. Acts of the Legislature, passed in the
wear 1876. had invaded lis charter \ suit
was brought to test their validity; it
was tried in Tie Supreme Court of the
State a ul9 mcnt was given against the
C"lr@c and this was appealed to the Su-
prrmc Federal Court by writ Of error. Up
on solemn argument the charter was decided
to be contract,whosc Obligation state may
not impair. The acts were decided to be in
valid as an attempt to impair it, and YOU
hold YOUR charter under that decision today
How much Mr. Webster contributed to that
result. how much that effort advanced his
own distinction at the bar, YOU all know
Well, as if OF yesterday. remember how it
was written home from Washington that Mr.
Webster closed legal argument of great
power, bv pcroraton which charmed and
melted his audience. Often since | have
heard vague accounts, not much more salts
factory, of the speech and the scene | was
aware that the report of his argument, "a it Is
published, did not contain the actual pcrora-
ton, and supposed it lost forever. BY the
great kindness OF a learned and excellent
person. DR.. Chaunrcv y. Goodrich, a pro-
tcS>or IN Yale College, with whom have
not the honor OF a personal acquaintance, al
though his virtues accomplishments, and
, most useful life, We're well known to me.
| can read to You the words whose power
when those lips spoke them, SO many owned.
although they could not repeat them. Is
those lips spoke them, we shall hear them
! ncrcrmorr but no uttcrancc can cNtngui>h
their simple, sweet and perfect beauty. Let
me first brn" the general scene before Won.
and then you will hear the rest in Mr. Good
rIshS description. 1t was in 1918. in the
, 31th year OF Mr. Ncb>ter'> ace. 1t was ai-
dressed to a tribunal presided over by Mar
!, shall, assisted by Washington, Livingston
Johnston, Story, Todd and DuvaI-a trihu-
/ nal unsurpassed on earth in all that gives T.
Iu>trajion to a bench OF law, and sustained
and vrncratctl 10y noble bar. He had call
! ct to his aid the ripe and beautiful culture
OF llorkinSon and of his opponents was vii
liam Writ, then and ever Of the leaders Of
the bar, who with faculties and accomplish
, m"n'> fitting him to adorn and @uidc public
: life. alonndln" IN deep professional lcarnin"
and in tile most various and ELEGANT acQui>i
tons ! II pc and splendid orator. made 50 l.,
genius and the most a>>iduuu> culture. consr.
Grated all to the service Of the law. Ii wa.
before that tribunal and IN presence of al
: au'.Icn"e select and critical, among whom. il
y must be borne in mind. We're some graduate:
! of the college, who We're attcndin. to a>,i>
| against hcr, that he opened the cause.
gladly proceed in the words OF Mr. Goodrich
''Bciorr going to Washington. which die
chiefly for 'hr sake of hrarin" Mr. Webster.
was told that. III arguing the ease in Exeter
y. H., he had lett the whole Courtroom !,
tears at the conclusion OF his Sprcrh This.
contrS>,S'ruck me unplca>antIv- any attcmp
At pathoS on a purely legal question: SCENE,
hardly IN GOOD taste. On my way to Wash
t ln"t"n, | made the acquaintance of Mr. Web
y >t"r We were together Tor several DAYS a
: fhIadc' phIa,in the house of a common friend
and as the College question was one of deer
interest ~ literary men. We cun,rr>rd otcr
>. an'; largely on the subject. rs he dwct up
g On the lca'!in- points OF the cj,>, in terms ;,
calm, >n,'I" aud precise, | SAID to myself
+ more than once in reference TO the story
had heard, Whatever NAV ma, have seemed
appropriate IN defending the College at houtc
n and Oh her ground there will be no appeal t,
q 30 the feelings Of .Iudec Marshall and his a,
>o"atcs at Washington. The Suprcm,
; Court Of the United States held its session
: that winter. in mean apartment, of mode
! rate Sue the Capitol not havin. been bull
after Ms destruction IN 1911 The audience
, when the case came ON. was therefore small
~. consisting chiefly Of LEGAL men, the ,idc of
y the profession throughout the country. MI
," Webster entered upon his argument in tn,
! calm tone OF easy and li.niiied conversation
Ills matter was :" completely at his command
that he scarcely locke at his brief but Went
=. on for more than four hours with a statement
- 80 luminous and chain of reasoning 50 cas-,
to be understood, and Vet approaching SC
nearly 10 absolute demonstration. that h,
seemed TO carry with Him every man of hi,
, audience, without the slightest effort or wca-
, rIn">S on either side. 1t was hardly Ioy,cnce
III the strict sense of the term it was pur,
reason. Now and then. for a sentence o,
two, his eve flashed and his voice sweIed into
h bo!dcr note, As he uttered some emphati,
thought; but he instantly fell back into the
tone OF earnest conversation which ran thro
, the great body Of his speech. \ single cir
cUm>tancc will show YOU the clcarnrss and
absorbing power Of his argument
observed that Judge Story. at the open
ING OF the case, had prepared himself, pen in
hand, as II to take copiouS minutes Iloul
i after hour saw him fixed in the same att
tudc, but. 50 far as | could perceive. with not
a note on his paper. The argument closed
and ro"d hpt dt>cOr.r that he hqd taken q
l ,'uF'c h"'5 Others around me remark ed
l the same thinu. and II was amonr tho ~, y,,