Editing Daniel Webster (section)

==Congressman and constitutional lawyer==
===First stint in the House, 1813–1817===
{{see also|Presidency of James Madison}}

By May 1813, when he arrived in the House of Representatives for the first time, the United States had seen numerous setbacks in the War of 1812. Nonetheless, Madison's Democratic-Republican Party dominated the [[13th United States Congress|Thirteenth Congress]], controlling over three-fifths of the seats in the House of Representatives and over two-thirds of the seats in the Senate.{{sfn|Remini|1997|pp=103–105}} Webster continued to criticize the war and attacked efforts to impose [[conscription in the United States|conscription]], wartime taxes, and a new trade embargo.{{sfn|Remini|1997|pp=107–109, 112–113}} He was appointed to a steering committee that coordinated Federalist actions in the House of Representatives and, by the end of the Thirteenth Congress, he had emerged as a respected speaker on the House floor.{{sfn|Remini|1997|pp=109, 120–122}} In early 1815, the war came to an end after news of the signing of the [[Treaty of Ghent]] reached the United States.{{sfn|Remini|1997|pp=131–132}}

After the war, President Madison called for the establishment of the [[Second Bank of the United States]] (known as the "[[History of central banking in the United States|national bank]]"), the imposition of a [[protective tariff]], and federally-financed [[internal improvements|public works]]. While Speaker of the House [[Henry Clay]] and Congressman [[John C. Calhoun]] worked to pass Madison's proposals, other Democratic-Republicans opposed these policies because they conflicted with the party's traditional commitment to a weaker federal government.{{sfn|Remini|1997|pp=135–136, 141}} Webster favored a national bank in principle, but he voted against the bill that established the national bank because he believed that the bank should be required to remove paper [[banknote]]s issued by various state-charted banks from circulation. Before the national bank came into operation, he then led the passage of a bill that required all debts to the government to be paid in [[coins|specie]], Treasury notes, or notes issued by the national bank.{{sfn|Remini|1997|pp=136–137}} In the tariff debate, he occupied a middle ground; he favored using tariff rates to protect domestic manufacturing, but did not want tariff rates to be so high that they would harm his home state's trading concerns. Though he took an active role in crafting the tariff bill, he ultimately missed the final vote on the [[Tariff of 1816]].{{sfn|Remini|1997|pp=137–140}} Seeking more lucrative legal work, he began to strongly consider relocating to Boston or New York during his time in Congress.{{sfn|Remini|1997|p=131}} In 1816, he declined to seek another term in the House of Representatives, instead establishing a new residence in Boston. In the [[United States elections, 1816|1816 elections]], the Federalist Party suffered numerous defeats throughout the country and Democratic-Republican candidate [[James Monroe]] was elected president.{{sfn|Remini|1997|pp=141–145}}

===Leading lawyer===
{{see also|Marshall Court}}
{{quote box|style=background:#b0c4de; width:35em; max-width: 40%
|quote ="This, sir, is my case. It is the case not merely of that humble institution, it is the case of every college in our land... Sir, you may destroy this little institution; it is weak; it is in your hands! I know it is one of the lesser lights in the literary horizon of our country. You may put it out. But if you do so you must carry through your work! You must extinguish, one after another, all those greater lights of science which for more than a century have thrown their radiance over our land. ''It is, sir, as I have said, a small college. And yet there are those who love it!''"
|source= '''Daniel Webster''' (''Dartmouth College v. Woodward'')
}}

Webster continued to practice law while serving in the House of Representatives, and he argued his first case before the [[Supreme Court of the United States]] in early 1814.{{sfn|Remini|1997|pp=115–117}} He had been highly regarded in New Hampshire since his days in Boscawen and was respected for his service in the House of Representatives, but he came to national prominence as counsel in a number of important Supreme Court cases.<ref name="American Eras">"Daniel Webster", in ''American Eras,'' Volume 5: ''The Reform Era and Eastern U.S. Development, 1815–1850,'' Gale Research, 1998. Student Resource Center. Thomson Gale. June 16, 2006.</ref> Between 1814 and 1852, he argued at least one case in the vast majority of the sessions of the Supreme Court; he served as counsel in a total of 223 cases, and won approximately half of those cases.{{sfn|Remini|1997|p=119}} He also represented numerous clients outside of Supreme Court cases, including prominent individuals such as [[George Crowninshield Jr.|George Crowninshield]], [[Francis Cabot Lowell]], and [[John Jacob Astor]].{{sfn|Remini|1997|pp=145–146}}

Though Congress was dominated by Democratic-Republicans, Chief Justice [[John Marshall]] ensured that the Federalist ideology retained a presence in the courts. Webster quickly became skilled at articulating arguments designed to appeal to Marshall and another influential Supreme Court justice, [[Joseph Story]].{{sfn|Remini|1997|pp=116–118}} He played an important role in eight of the most celebrated constitutional cases decided by the Court between 1814 and 1824. In many of these—particularly in ''[[Dartmouth College v. Woodward]]'' (1819) and ''[[Gibbons v. Ogden]]'' (1824)—the Supreme Court handed down decisions based largely on his arguments. Marshall's most famous declaration, "the power to tax is the power to destroy," in ''[[McCulloch v. Maryland]]'' (1819), was taken from Webster's presentation against the state of Maryland. As a result of his series of successes in Supreme Court cases, many people began calling him the "Great Expounder and Defender of the Constitution."{{sfn|Remini|1997|pp=162, 208}} He would continue to argue cases before the Supreme Court after Marshall's death in 1835, but he generally found the [[Taney Court]] to be less receptive to his arguments.{{sfn|Remini|1997|pp=443–444}}

In ''Dartmouth College v. Woodward'', Webster was retained by the Federalist trustees of his alma mater, Dartmouth College, in their case against the newly elected New Hampshire Democratic-Republican [[New Hampshire General Court|state legislature]]. The legislature had passed new laws converting Dartmouth into a state institution, by changing the size of the college's trustee body and adding a further board of overseers, which they put into the hands of the state senate.<ref>Baker, Thomas E. "Dartmouth College v. Woodward." In Schultz, David, ed. Encyclopedia of American Law. New York: Facts On File, Inc., 2002. Facts On File, Inc. American History Online.</ref> He argued that the Constitution's [[Contract Clause]] prohibited the legislature from altering the college's board of trustees. The Marshall Court, continuing with its history of limiting [[states' rights]] and reaffirming the supremacy of the constitutional protection of contract, ruled in favor of Dartmouth. The ruling set the important precedent that [[corporations law|corporations]] did not, as many then held, have to justify their privileges by acting in the public interest, but were independent of the states.<ref>O'Brien, Patrick K., gen. ed. "Dartmouth College case." Encyclopedia of World History. Copyright George Philip Limited. New York: Facts On File, Inc., 2000. Facts On File, Inc. World History Online. Schlesinger ''Age of Jackson''. p. 324–5.</ref>

[[File:Daniel Webster 1824 Signature.jpg|thumb|upright=1.2|Daniel Webster represented the Second Bank of the United States both in the Congress and before the US Supreme Court as well serving as Director of its Boston branch on which he made out this $3,001.01 draft on July 24, 1824.]]

He remained politically active during his time out of Congress, serving as a [[United States Electoral College|presidential elector]], meeting with officials like Secretary of War John C. Calhoun, and delivering a well-received speech that attacked high tariffs.{{sfn|Remini|1997|pp=170–171}} With the Federalists fading away as a national party, the period of Monroe's presidency came to be known as the "[[Era of Good Feelings]]" due to the lack of partisan conflict.{{sfn|Remini|1997|pp=141–145}} As the Federalists failed to field a candidate in the [[1820 U.S. presidential election]], Webster, acting in his capacity as a presidential elector, cast his vote for Monroe.{{sfn|Remini|1997|pp=170–171}} He was then elected as a delegate to the [[Massachusetts Constitutional Convention of 1820–1821]]. There he spoke in opposition to suffrage for all regardless of property ownership, arguing that power naturally follows property, and the vote should be limited accordingly; but the [[Massachusetts Constitution|constitution]] was amended against his advice.{{sfn|Schlesinger|1945|pp=12–15}} He also supported the (existing) districting of the [[Massachusetts Senate|state senate]] so that each seat represented an equal amount of property.{{sfn|Lodge|1883|p=113}} His performance at the convention furthered his reputation. In a letter to a mutual friend, Joseph Story wrote, "our friend Webster has gained a noble reputation. He was before known as a lawyer; but he has now secured the title of an eminent and enlightened statesman."{{sfn|Lodge|1883|p=38}} In December 1820, he delivered an enthusiastically received address commemorating the bicentennial of the landing of the ''[[Mayflower]]'' at [[Plymouth Rock]].{{sfn|Remini|1997|pp=178–185}}

===Second stint in the House, 1823–1827===
{{see also|Presidency of James Monroe|Presidency of John Quincy Adams}}
[[File:Daniel Webster (1825) by Sarah Goodridge.jpg|thumb|1825 portrait of Daniel Webster, [[Sarah Goodridge]]]]
At the behest of Federalist leaders and the business elite in Boston, Webster agreed to run for the United States House of Representatives in 1822. He won the election and returned to Congress in December 1823.{{sfn|Remini|1997|pp=198–200}} In recognition of his mastery of legal issues, Speaker of the House Henry Clay assigned him the chairmanship of the [[United States House Committee on the Judiciary|House Judiciary Committee]]. In that role, he tried to pass a bill that would relieve Supreme Court justices of having to travel to far-flung western districts, but his bill did not receive a vote in the House.{{sfn|Remini|1997|pp=213–214}} Seeking to re-establish his reputation for oratorical prowess on the floor of the House of Representatives, he gave a speech supporting the [[Greece|Greek]] cause in the [[Greek War of Independence]].{{sfn|Remini|1997|pp=210–211, 215–217}} In another speech, he attacked the bill imposing the [[Tariff of 1824]], arguing that high tariff rates unfairly benefited manufacturing to the detriment of agriculture and commerce.{{sfn|Remini|1997|pp=221–224}} In a third speech, he defended the construction of internal improvements by the federal government, arguing that roads helped unite the nation both economically and in creating a "feeling truly national."{{sfn|Remini|1997|pp=243–244}}
While a representative, he continued accepting speaking engagements in New England, most notably his oration on the fiftieth anniversary of the [[Battle of Bunker Hill]].{{sfn|Remini|1997|pp=247–251}} He also continued his legal work, though his government service required him to rely more on his law partners.{{sfn|Remini|1997|p=254}}

In the [[1824 U.S. presidential election]], the Democratic-Republicans split among Clay, Calhoun, [[William H. Crawford]], [[Andrew Jackson]], and [[John Quincy Adams]].{{sfn|Remini|1997|pp=211–212}} Despite their shared connection to Massachusetts, Webster had an uneasy relationship with Adams because the latter had left the Federalist Party earlier in his career;{{sfn|Remini|1997|pp=197}} for his part, Adams detested him.{{sfn|Remini|1997|p=226}} As no candidate won a majority of the electoral vote, the 1824 election was decided in a [[contingent election]] held by the House of Representatives.{{efn|Under the Constitution, the House can select from the top three electoral vote winners in a contingent election for president. Thus, Jackson, Adams, and Crawford were eligible to be selected, while Clay was not. Calhoun dropped out early in the campaign and won election as vice president.}} Webster had remained neutral prior to the election, but he supported Adams in the contingent election, in large part because he viewed Jackson as completely unqualified to be president and Crawford had suffered a major stroke.{{sfn|Remini|1997|pp=230–231, 237}} Along with Clay, he helped rally members of the House around Adams, and Adams was elected on the first ballot of the contingent election.{{sfn|Remini|1997|pp=238–241}}

In 1825, President Adams set off a partisan realignment by putting forward an ambitious domestic program, based on Clay's [[American System (economic plan)|American System]], that included a vast network of federally-funded infrastructure projects. States' rights Democratic-Republicans, including Senator [[Martin Van Buren]] and Vice President John C. Calhoun, strongly opposed the program and rallied around Jackson. While some Federalists gravitated to Jackson's camp, Webster became the leader of the pro-administration forces in the House of Representatives.{{sfn|Remini|1997|pp=255–261}} Supporters of Adams became known as [[National Republican Party|National Republicans]], while Jackson's followers coalesced into the [[Democratic Party (United States)|Democratic Party]]. Like many Federalists, he did not immediately cast aside his partisan identity as a Federalist but embraced the American System and began to favor protective tariff rates.{{sfn|Remini|1997|pp=269–272}} [[Justus D. Doenecke]] indicates that his newfound support of protective tariffs was the result of "his new closeness to the rising mill-owning families of the region, the [[Abbott Lawrence|Lawrences]] and the [[Lowell family|Lowells]]."<ref name=Discovering>"Daniel Webster." Discovering Biography. Online Edition. Gale, 2003. Student Resource Center. Thomson Gale. June 16, 2006.</ref> He also backed the administration's defense of treaty-sanctioned [[Creek people|Creek Indian]] land rights against [[Georgia (U.S. state)|Georgia]]'s expansionist claims.{{sfn|Lodge|1883|p=49}}