Part 22

"In my own opinion, Sir, the Spanish nation is now nearer, not only in point of time, but in point of circumstance, to the acquisition of a regulated government, than at the moment of the French invasion. Nations must, no doubt, undergo these trials in their progress to the establishment of free institutions. The very trials benefit them, and render them more capable both of obtaining and of enjoying the object which they seek." page 253.

How completely does the mighty drama now passing before our eyes on the great theatre of Europe, justify these hold and sagacious predictions! A great revolution has just taken place in France, and a distinguished prince, out of the regular line of succession, has been invited to the throne, _on condition_ of governing according to the constitution prescribed by the representatives of the popular will. Belgium is doing the same thing. Devoted Poland has attempted it. Italy is in confusion,--and Germany disturbed and uneasy;--so that, it seems already no longer to be in the power of any conspiracy of kings or Congresses, to maintain permanently in Western Europe, a government not essentially founded on free institutions and principles. We will only add, that Mr. Webster has, on hardly any other occasion, entered into the discussion of European politics; and the consequence has been, that, if this speech has found less favour at home than some of his other efforts, it is one, that has brought him great honour abroad; since, besides being printed wherever the English tongue is spoken, it has been circulated through South America, and published in nearly every one of the civilized languages of Europe, including the Spanish and the Greek.

In April, 1824, he took a part in the great discussion of the tariff question; and his speech on that occasion, as well as the one he delivered on the same subject in May, 1828, are both given in the volume before us. But the whole matter is so fresh in the recollections of the community, and Mr. Webster's constant defence of a tariff adapted to the general interests of the country, encouraging alike the cause of American manufactures and the interests of commerce, are so well known, from the first tariff of 1816, to the present moment, that it cannot be needful to speak of them. We would remark, however, that, in the speech of 1824, two subjects are discussed with great ability;--the doctrine of exchange, and the balance of trade. Both of them had been drawn into controversy in Congress, on previous occasions, quite frequently, calling forth alternately "an infinite deal of nothing," and the crudest absurdities; but, from the period of this thorough and statesmanlike examination of them, they have, we believe, hardly been heard of in either house. The great points involved in both of them, have been considered as settled.

We have thus far spoken of Mr. Webster almost entirely as a public orator and debater, or as a jurist. But there is another point of view, in which he is less known to the nation, but no less valued at Washington. He has few equals in the diligence of the committee-rooms. Reputation in and out of Congress, is, in this respect, very differently measured. Nothing is more common in either House than moderately good speakers, prompt in common debate, and sufficiently well instructed not to betray themselves into contempt with the public. Because they _can_ speak and _do_ speak; and especially because they speak _often_ and _vehemently_, they obtain a transient credit abroad for far more than they are worth, and far more than they are, at last, able to maintain. It may, indeed, be said, as a general truth, that those who speak most frequently in Congress are least heeded, and least entitled to distinction. Members of real ability speak rarely; and, when they do speak, it is from the fulness of their minds, after a careful consideration of the subject, and with a deference for the body they address, and a regard to the public service, which does not permit them to occupy more time than the development of their subject absolutely requires. They are, therefore, always heard with attention and respect; and often with the conviction, that they may be safely followed.

But there is another class in Congress, less known to the public at large, and yet whose services are beyond price. We speak now of those excellent men, who, as chairmen and members of the committees, in the retired corners of the capitol, are doing the real business of legislation, and giving their days and nights to maturing schemes of wise policy and just relief; men who are content, week after week, and month after month, to sacrifice themselves to the negative toil of saving us from the follies of indiscreet, meddlesome, and ignorant innovators, or from the more presumptuous purposes of those who would make legislation the means of furthering and gratifying their own private, unprincipled ambition. Such business-men,--who should be the heads of the working party, if such a party should ever be formed,--are well understood within the walls of Congress. They are marked by the general confidence that follows them; and when they speak, to propose a measure, they are listened to; nay, it may almost be said, they are obeyed.

Mr. Webster has long been known as an efficient labourer in these noiseless toils of the committee-rooms and of practical legislation; and we owe to his hand not a few important improvements in our laws. The most remarkable is, probably, the Crimes-Act of 1825, which, in twenty-six sections, did so much for the criminal code of the country. The whole subject, when he approached it, was full of difficulties and deficiencies. The law in relation to it remained substantially on the foundation of the first great Act of 1790, ch. 36. That act, however, though deserving praise as a first attempt to meet the wants of the country, was entirely unsuited to its condition, and deficient in most important particulars. Its defects, indeed, were so numerous, that half the most notorious crimes, when committed where the general government alone could have cognizance of them, were left beyond the reach of human law and punishment;--rape, burglary, arson and other malicious burnings in forts, arsenals, and light-house establishments, together with many other offences, being wholly unprovided for. Mr. Webster's Act, which, as a just tribute to his exertions, already bears his name, cures these gross defects, besides a multitude of others; and it was well known at the time, that he wished to go much further, and give a competent system to the country on the whole criminal code, but was deterred by the danger of failure, if he attempted too much at once. Indeed, the difficulty of obtaining a patient hearing for any bill of such complexity and extent, is well understood in Congress; and it is not, perhaps, an unjust reproach upon our national legislature to confess, that even the most experienced statesmen are rarely able to carry through any great measure of purely practical improvement. Temporary projects, and party strifes, and private claims, and individual jealousies, and, above all, the passion for personal display in everlasting debate, offer obstacles to the success of mere patriotism and statesmanship, which are all but insurmountable. Probably no man, at that time, but Mr. Webster, who, in addition to his patient habits of labour in the committee-room, possessed the general confidence of the House, and had a persevering address and promptitude in answering objections, could have succeeded in so signal an undertaking. Sir Samuel Romilly and Mr. Peel have acquired lasting and merited reputations in England for meliorations of their criminal code. But they had a willing audience, and an eager support. Mr. Webster, without either, effected as much in his Crimes-Act of 1825, as has been effected by any single effort of these statesmen, and is fairly to be ranked with them among those benefactors of mankind, who have enlightened the jurisprudence of their country, and made it at once more efficient and more humane.

At the same session of Congress, the great question of internal improvements came up, and was vehemently discussed in January, on the appropriation made for the western national road. Mr. Webster defended the principle, as he had already defended it in 1816; and as he has defended it constantly since, down to the last year and the last session, without, so far as we have seen, receiving any sufficient answer to the positions he took in debate on these memorable occasions. Perhaps the doctrine he has so uniformly maintained on this subject, is less directly favourable to the interests of the northern than of the western states; but it was high-toned and national throughout, and seems in no degree to have impaired the favour with which he was regarded in New-England. At any rate, he was re-elected, with singular unanimity, to represent the city of Boston in the nineteenth Congress, and took his seat there anew in December, 1825.

In both sessions of this Congress, important subjects were discussed, and Mr. Webster bore an important part in them; but we can now only suggest one or two of them. As chairman of the Judiciary Committee, he introduced the bill for enlarging the number of judges of the Supreme Court of the United States. His views in relation to it are contained in the remarks he made on the occasion, and had great weight with the House; but the bill was afterwards lost through an amendment of the Senate. So, too, on the question of the Panama mission, involving the points that were first moved in 1796 in the House of Representatives, on occasion of the British Treaty, Mr. Webster has left on record his opinions, doctrines, and feelings, in a speech of great beauty and power, which will always be recurred to, whenever the right of the House of Representatives to advise the executive in relation to the management of foreign missions may come under discussion. But we are compelled to abstain from any further notice of them both, by want of room.

In 1826, he had been elected, we believe, all but unanimously, to represent the City of Boston, in the House of Representatives; but, before he took his seat, a vacancy having occurred in the Senate, he was chosen to fill it by the Legislature of Massachusetts, of which, a great majority in both its branches, besides the council and the governor, belonged to the old republican party of the country. He was chosen, too, under circumstances, which showed how completely his talents and lofty national bearing had disarmed all political animosities, and how thoroughly that commonwealth claimed him as her own, and cherished his reputation and influence as a part of her treasures. There was no regular nomination of him from any quarter, nor any regular opposition; and he received the appointment by a sort of general consent and acclamation, as if it were given with pride and pleasure, as well as with unhesitating confidence and respect.

How he has borne himself in the Senate during the four sessions he has sat there, is known to the whole country. No man has been found tall enough to overshadow him; no man has been able to attract from him, or to intercept from him, the constant regard of the nation. He has been so conspicuous, so prominent, that whatever he has done, and whatever he has said, has been watched and understood throughout the borders of the land, almost as familiarly and thoroughly as it has been at Washington.

But though the eyes of all have thus been fastened on him in such a way, that nothing relating to him can have escaped their notice, there is yet one occasion, where he attracted a kind and degree of attention, which, as it is rarely given, is so much the more honourable when it is obtained. We refer now, of course, to the occasion, when, in 1830, he overthrew the Doctrines of Nullification. Undoubtedly, in one sense of the word, Mr. Webster was taken completely by surprise, when these doctrines, for the first time in the history of the country, were announced in the Senate; since he was so far from any particular preparation to meet or answer them, that it was almost by accident he was in his place, when they were so unexpectedly, at least to him and all his friends, brought forth. In another and better sense of the phrase, he was not taken by surprise at all; for the time was already long gone by, when, on any great question of national interest or constitutional principle, he could be taken unprepared or unarmed. We mean by this, that the discussion of the most important points in the memorable debate alluded to, came on incidentally; or rather that these points were thrust forward by a few individuals, who seemed predetermined to proceed under cover of them, to the ultimate limits of personal and party violence.

Mr. Foot's resolution to inquire respecting the sales and the surveys of western lands, was the innocent cause of the whole conflict. It was introduced on the 29th of December, 1829; and was not then expected by its author, or, perhaps, by any body else to excite much discussion, or lead to any very important results. When it was introduced, Mr. Webster was absent from Washington. Two days afterwards he took his seat. The resolution had, indeed, called forth a few remarks, somewhat severe, the day after it was presented, and then had been postponed to the next Monday; but, apparently from want of interest in its fate, or from the pressure of more important business, it was not called up by the mover till January 13. From this time, a partial discussion began; but it lingered rather lifelessly, and, in fact, really rose even to skirmishing only one day, until the 19th, when General Hayne, a distinguished senator from South Carolina, in a vehement and elaborate speech, attacked the New-England States for what he considered their selfish opposition to the interests of the West; and endeavoured to show that a natural sympathy existed between the Southern and Western States, upon the distribution and sales of the public lands, which would necessarily make them a sort of natural allies. With this speech, of course, the war broke out.

While it was delivering, Mr. Webster entered the Senate. He came from the Supreme Court of the United States; and the papers in his hands showed how far his thoughts were from the subjects and the tone, which now at once reached him. As soon as General Hayne sat down, he rose to reply; but Mr. Benton of Missouri, with many compliments to General Hayne, and apparently willing the Senate should have all the leisure necessary to consider and feel the effects of his speech, moved an adjournment; Mr. Webster good naturedly consented. Of course, he had the floor the next day; and in a speech, which will not be forgotten by the present generation, poured out stores of knowledge long before accumulated, in relation to the history of the public lands and to the legislation concerning them; defending the policy of the government towards the new states; showing the dangerous tendency of the doctrines respecting the Constitution, current at the South, and sanctioned by General Hayne; and repelling the general charges and reproaches cast on New-England, especially the charge of hostility to the West, which,--if there was meaning in words or acts,--he proved to be distinctly applicable to the language and votes of the South Carolina delegation in the House of Representatives in 1825. The war was thus, at once, carried into the enemy's country.

The next day, January 21, it being well known that Mr. Webster had urgent business, which called him again into the Supreme Court of the United States, one of the members from Maryland moved an adjournment of the debate. It would, perhaps, have been only what is customary and courteous, if the request had been granted. But General Hayne objected. "The gentleman," he said, "had discharged his weapon, and he (Mr. H.) wished for an opportunity to return the fire." To which Mr. Webster having replied;--"I am ready to receive it; let the discussion go on;"--the debate was resumed. Mr. Benton then concluded some important remarks he had begun the day before; and Mr. Hayne rose, and opened a speech, which occupied the Senate the remainder of that day, and the whole of the day following. It was a vigorous speech, embracing a great number of topics and grounds;--calling in question the fairness of New-England, the consistency of Mr. Webster, and the patriotism of the State of Massachusetts;--and ending with a bold, acute, and elaborated exposition and defence of the doctrines now, for the first time, formally developed in Congress, and since well known by the name of the _Doctrines of Nullification_. The first part of the speech was caustic and personal; the latter part of it grave and argumentative;--and the whole was delivered in presence of an audience, which any man might be proud to have collected to listen to him.

Mr. Webster took notes during its delivery; and it was apparent to the crowd, which, for two days, had thronged the senate-chamber, that he intended to reply. Indeed, on this point, he was permitted no choice. He had been assailed in a way, which called for an answer. When, therefore, the doors of the senate-chamber were opened the next morning, the rush for admittance was unprecedented. Mr. Webster had the floor, and rose. The first division of his speech is in reply to parts and details of his adversary's personal assault,--and is a happy, though severe specimen of the keenest spirit of genuine debate and retort;--for Mr. Webster is one of those dangerous adversaries, who are never so formidable or so brilliant, as when they are most rudely pressed;--for then, as in the phosphorescence of the ocean, the degree of the violence urged, may always be taken as the measure of the brightness that is to follow. On the present occasion, his manner was cool, entirely self-possessed, and perfectly decided, and carried his irony as far as irony can go. There are portions of this first day's discussion, like the passage relating to the charge of sleeping on the speech, he had answered; the one in allusion to Banquo's ghost, which had been unhappily conjured up by his adversary; and the rejoinder respecting "one Nathan Dane of Beverly, in Massachusetts,"--which will not be forgotten. The very tones in which they were uttered, still vibrate in the ears of those who heard them. There are, also, other and graver portions of it,--like those which respect the course of legislation in regard to the new states; the conduct of the North in regard to slavery, and the doctrine of internal improvements,--which are in the most powerful style of parliamentary debate. As he approaches the conclusion of this first great division of his speech, he rises to the loftiest tone of national feeling, entirely above the dim, misty region of sectional or party passion and prejudice:--

"The eulogium pronounced on the character of the state of South Carolina, by the honourable gentleman, for her revolutionary and other merits, meets my hearty concurrence. I shall not acknowledge that the honourable member goes before me in regard for whatever of distinguished talent, or distinguished character, South Carolina has produced. I claim part of the honour, I partake in the pride, of her great names. I claim them for countrymen, one and all. The Laurenses, the Rutledges, the Pinckneys, the Sumpters, the Marions--Americans, all--whose fame is no more to be hemmed in by state lines, than their talents and patriotism were capable of being circumscribed within the same narrow limits. In their day and generation, they served and honoured the country, and the whole country; and their renown is of the treasures of the whole country. Him, whose honoured name the gentleman himself bears--does he esteem me less capable of gratitude for his patriotism, or sympathy for his sufferings, than if his eyes had first opened upon the light of Massachusetts, instead of South Carolina? Sir, does he suppose it in his power to exhibit a Carolina name, so bright, as to produce envy in my bosom? No, Sir, increased gratification and delight, rather. I thank God, that, if I am gifted with little of the spirit which is able to raise mortals to the skies, I have yet none, as I trust, of that other spirit, which would drag angels down. When I shall be found, Sir, in my place here, in the Senate, or elsewhere, to sneer at public merit, because it happens to spring up beyond the little limits of my own state, or neighbourhood; when I refuse, for any such cause, or for any cause, the homage due to American talent, to elevated patriotism, to sincere devotion to liberty and the country; or, if I see an uncommon endowment of Heaven--if I see extraordinary capacity and virtue in any son of the South--and if, moved by local prejudice, or gangrened by state jealousy, I get up here to abate the tithe of a hair from his just character and just fame, may my tongue cleave to the roof of my mouth!

"Sir, let me recur to pleasing recollections--let me indulge in refreshing remembrance of the past--let me remind you that in early times, no states cherished greater harmony, both of principle and feeling, than Massachusetts and South Carolina. Would to God that harmony might again return! Shoulder to shoulder they went through the revolution--hand in hand they stood round the administration of Washington, and felt his own great arm lean on them for support. Unkind feeling, if it exist, alienation and distrust, are the growth, unnatural to such soils, of false principles since sown. They are weeds, the seeds of which that same great arm never scattered.

"Mr. President, I shall enter on no encomium upon Massachusetts--she needs none. There she is--behold her, and judge for yourselves. There is her history: the world knows it by heart. The past, at least, is secure. There is Boston, and Concord, and Lexington, and Bunker Hill--and there they will remain forever. The bones of her sons, falling in the great struggle for independence, now lie mingled with the soil of every state, from New England to Georgia; and there they will lie forever. And, Sir, where American liberty raised its first voice; and where its youth was nurtured and sustained, there it still lives, in the strength of its manhood and full of its original spirit. If discord and disunion shall wound it--if party strife and blind ambition shall hawk at and tear it--if folly and madness--if uneasiness, under salutary and necessary restraint--shall succeed to separate it from that union, by which alone its existence is made sure, it will stand, in the end, by the side of that cradle in which its infancy was rocked: it will stretch forth its arm with whatever of vigour it may still retain, over the friends who gather round it; and it will fall at last, if fall it must, amidst the proudest monuments of its own glory, and on the very spot of its origin." pages 406, 407.