Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Daniel Webster
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
===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}}
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)