In the year preceding the delivery
of his great speech Mr. Webster had lost his brother
Ezekiel by sudden death, and he had married for his
second wife Miss Leroy of New York. The former
event was a terrible grief to him, and taken in conjunction
with the latter seemed to make a complete break with
the past, and with its struggles and privations, its
joys and successes. The slender girl whom he
had married in Salisbury church and the beloved brother
were both gone, and with them went those years of youth
in which,
“He
had sighed deep, laughed free,
Starved, feasted, despaired,
been happy.”
One cannot come to this dividing line
in Mr. Webster’s life without regret. There
was enough of brilliant achievement and substantial
success in what had gone before to satisfy any man,
and it had been honest, simple, and unaffected.
A wider fame and a greater name lay before him, but
with them came also ugly scandals, bitter personal
attacks, an ambition which warped his nature, and
finally a terrible mistake. One feels inclined
to say of these later years, with the Roman lover:
“Shut them in
With their triumphs and their glories and the
rest,
Love is best.”
The home changed first, and then the
public career. The reply which, as John Quincy
Adams said, “utterly demolished the fabric of
Hayne’s speech and left scarcely a wreck to
be seen,” went straight home to the people of
the North. It gave eloquent expression to the
strong but undefined feeling in the popular mind.
It found its way into every house and was read everywhere;
it took its place in the school books, to be repeated
by shrill boy voices, and became part of the literature
and of the intellectual life of the country.
In those solemn sentences men read the description
of what the United States had come to be under the
Constitution, and what American nationality meant
in 1830. The leaders of the young war party in
1812 were the first to arouse the national sentiment,
but no one struck the chord with such a master hand
as Mr. Webster, or drew forth such long and deep vibrations.
There is no single utterance in our history which has
done so much by mere force of words to strengthen
the love of nationality and implant it deeply in the
popular heart, as the reply to Hayne.
Before the delivery of that speech
Mr. Webster was a distinguished statesman, but the
day after he awoke to a national fame which made all
his other triumphs pale. Such fame brought with
it, of course, as it always does in this country,
talk of the presidency. The reply to Hayne made
Mr. Webster a presidential candidate, and from that
moment he was never free from the gnawing, haunting
ambition to win the grand prize of American public
life. There was a new force in his career, and
in all the years to come the influence of that force
must be reckoned and remembered.
Mr. Webster was anxious that the party
of opposition to General Jackson, which then passed
by the name of National Republicans, should be in some
way strengthened, solidified, and placed on a broad
platform of distinct principles. He saw with
great regret the ruin which was threatened by the
anti-masonic schism, and it would seem that he was
not indisposed to take advantage of this to stop the
nomination of Mr. Clay, who was peculiarly objectionable
to the opponents of masonry. He earnestly desired
the nomination himself, but even his own friends in
the party told him that this was out of the question,
and he acquiesced in their decision. Mr. Clay’s
personal popularity, moreover, among the National Republicans
was, in truth, invincible, and he was unanimously
nominated by the convention at Baltimore. The
action of the anti-masonic element in the country doomed
Clay to defeat, which he was likely enough to encounter
in any event; but the consolidation of the party so
ardently desired by Mr. Webster was brought about
by acts of the administration, which completely overcame
any intestine divisions among its opponents.
The session of 1831-1832, when the
country was preparing for the coming presidential
election, marks the beginning of the fierce struggle
with Andrew Jackson which was to give birth to a new
and powerful organization known in our history as
the Whig party, and destined, after years of conflict,
to bring overwhelming defeat to the “Jacksonian
democracy.” There is no occasion here to
enter into a history of the famous bank controversy.
Established in 1816, the bank of the United States,
after a period of difficulties, had become a powerful
and valuable financial organization. In 1832
it applied for a continuance of its charter, which
then had three years still to run. Mr. Webster
did not enter into the personal contest which had
already begun, but in a speech of great ability advocated
a renewal of the charter, showing, as he always did
on such themes, a knowledge and a grasp of the principles
and intricacies of public finance unequalled in our
history except by Hamilton. In a second speech
he made a most effective and powerful argument against
a proposition to give the States authority to tax
the bank, defending the doctrines laid down by Chief
Justice Marshall in McCullough vs. Maryland, and
denying the power of Congress to give the States the
right of such taxation, because by so doing they violated
the Constitution. The amendment was defeated,
and the bill for the continuance of the charter passed
both Houses by large majorities.
Jackson returned the bill with a veto.
He had the audacity to rest his veto upon the ground
that the bill was unconstitutional, and that it was
the duty of the President to decide upon the constitutionality
of every measure without feeling in the least bound
by the opinion of Congress or of the Supreme Court.
His ignorance was so crass that he failed to perceive
the distinction between a new bill and one to continue
an existing law, while his vanity and his self-assumption
were so colossal that he did not hesitate to assert
that he had the right and the power to declare an
existing law, passed by Congress, approved by Madison,
and held to be constitutional by an express decision
of the Supreme Court, to be invalid, because he thought
fit to say so. To overthrow such doctrines was
not difficult, but Mr. Webster refuted them with a
completeness and force which were irresistible.
At the same time he avoided personal attack in the
dignified way which was characteristic of him, despite
the extraordinary temptation to indulge in invective
and telling sarcasm to which Jackson by his ignorance
and presumption had so exposed himself. The bill
was lost, the great conflict with the bank was begun,
and the Whig party was founded.
Another event of a different character,
which had occurred not long before, helped to widen
the breach and to embitter the contest between the
parties of the administration and of the opposition.
When in 1829 Mr. McLane had received his instructions
as Minister to England, he had been directed by Mr.
Van Buren to reopen negotiations on the subject of
the West Indian trade, and in so doing the Secretary
of State had reflected on the previous administration,
and had said that the party in power would not support
the pretensions of its predecessors. Such language
was, of course, at variance with all traditions, was
wholly improper, and was mean and contemptible in
dealing with a foreign nation. In 1831 Mr. Van
Buren was nominated as Minister to England, and came
up for confirmation in the Senate some time after
he had actually departed on his mission. Mr. Webster
opposed the confirmation in an eloquent speech full
of just pride in his country and of vigorous indignation
against the slight which Mr. Van Buren had put upon
her by his instructions to Mr. McLane. He pronounced
a splendid “rebuke upon the first instance in
which an American minister had been sent abroad as
the representative of his party and not as the representative
of his country.” The opposition was successful,
and Mr. Van Buren’s nomination was rejected.
It is no doubt true that the rejection was a political
mistake, and that, as was commonly said at the time,
it created sympathy for Mr. Van Buren and insured
his succession to the presidency. Yet no one
would now think as well of Mr. Webster if, to avoid
awakening popular sympathy and party enthusiasm in
behalf of Mr. Van Buren, he had silently voted for
that gentleman’s confirmation. To do so
was to approve the despicable tone adopted in the
instructions to McLane. As a patriotic American,
above all as a man of intense national feelings, Mr.
Webster could not have done otherwise than resist
with all the force of his eloquence the confirmation
of a man who had made such an undignified and unworthy
exhibition of partisanship. Politically he may
have been wrong, but morally he was wholly right,
and his rebuke stands in our history as a reproach
which Mr. Van Buren’s subsequent success can
neither mitigate nor impair.
There was another measure, however,
which had a far different effect from those which
tended to build up the opposition to Jackson and his
followers. A movement was begun by Mr. Clay looking
to a revision and reduction of the tariff, which finally
resulted in a bill reducing duties on many articles
to a revenue standard, and leaving those on cotton
and woollen goods and iron unchanged. In the
debates which occurred during the passage of this
bill Mr. Webster took but little part, but they caused
a furious outbreak on the part of the South Carolinians
led by Hayne, and ended in the confirmation of the
protective policy. When Mr. Webster spoke at the
New York dinner in 1831, he gave his hearers to understand
very clearly that the nullification agitation was
not at an end, and after the passage of the new tariff
bill he saw close at hand the danger which he had predicted.
In November, 1832, South Carolina
in convention passed her famous ordinance nullifying
the revenue laws of the United States, and her Legislature,
which assembled soon after, enacted laws to carry out
the ordinance, and gave an open defiance to the Federal
government. The country was filled with excitement.
It was known that Mr. Calhoun, having published a letter
in defence of nullification, had resigned the vice-presidency,
accepted the senatorship of South Carolina, and was
coming to the capital to advocate his favorite doctrine.
But the South Carolinians had made one trifling blunder.
They had overlooked the President. Jackson was
a Southerner and a Democrat, but he was also the head
of the nation, and determined to maintain its integrity.
On December 10, before Congress assembled, he issued
his famous proclamation in which he took up rigorously
the position adopted by Mr. Webster in his reply to
Hayne, and gave the South Carolinians to understand
that he would not endure treason, but would enforce
constitutional laws even though he should be compelled
to use bayonets to do it. The Legislature of
the recalcitrant State replied in an offensive manner
which only served to make Jackson angry. He, too,
began to say some pretty violent things, and, as he
generally meant what he said, the gallant leaders
of nullification and other worthy people grew very
uneasy. There can be no doubt that the outlook
was very threatening, and the nullifiers were extremely
likely to be the first to suffer from the effects
of the impending storm.
Mr. Webster was in New Jersey, on
his way to Washington, when he first received the
proclamation, and at Philadelphia he met Mr. Clay,
and from a friend of that gentleman received a copy
of a bill which was to do away with the tariff by
gradual reductions, prevent the imposition of any
further duties, and which at the same time declared
against protection and in favor of a tariff for revenue
only. This headlong plunge into concession and
compromise was not at all to Mr. Webster’s taste.
He was opposed to the scheme for economical reasons,
but still more on the far higher ground that there
was open resistance to laws of undoubted constitutionality,
and until that resistance was crushed under foot any
talk of compromise was a blow at the national dignity
and the national existence which ought not to be tolerated
for an instant. His own course was plain.
He proposed to sustain the administration, and when
the national honor should be vindicated and all unconstitutional
resistance ended, then would come the time for concessions.
Jackson was not slow in giving Mr. Webster something
to support. At the opening of the session a message
was sent to Congress asking that provision might be
made to enable the President to enforce the laws by
means of the land and naval forces if necessary.
The message was referred to a committee, who at once
reported the celebrated “Force Bill,”
which embodied the principles of the message and had
the entire approval of the President. But Jackson’s
party broke, despite the attitude of their chief,
for many of them were from the South and could not
bring themselves to the point of accepting the “Force
Bill.” The moment was critical, and the
administration turned to Mr. Webster and took him into
their councils. On February 8 Mr. Webster rose,
and, after explaining in a fashion which no one was
likely to forget, that this was wholly an administration
measure, he announced his intention, as an independent
senator, of giving it his hearty and inflexible support.
The combination thus effected was overwhelming.
Mr. Calhoun was now thoroughly alarmed, and we can
well imagine that the threats of hanging, in which
it was rumored that the President had indulged, began
to have a good deal of practical significance to a
gentleman who, as Secretary of War, had been familiar
with the circumstances attending the deaths of Arbuthnot
and Ambrister. At all events, Mr. Calhoun lost
no time in having an interview with Mr. Clay, and
the result was, that the latter, on February 11, announced
that he should, on the following day, introduce a
tariff bill, a measure of the same sort having already
been started in the House. The bill as introduced
did not involve such a complete surrender as that
which Mr. Webster had seen in Philadelphia, but it
necessitated most extensive modifications and gave
all that South Carolina could reasonably demand.
Mr. Clay advocated it in a brilliant speech, resting
his defence on the ground that this was the only way
to preserve the tariff, and that it was founded on
the great constitutional doctrine of compromise.
Mr. Webster opposed the bill briefly, and then introduced
a series of resolutions combating the proposed measure
on economical principles and on those of justice, and
especially assailing the readiness to abandon the
rightful powers of Congress and yield them up to any
form of resistance. Before, however, he could
speak in support of his resolutions, the “Force
Bill” came up, and Mr. Calhoun made his celebrated
argument in support of nullification. This Mr.
Webster was obliged to answer, and he replied with
the great speech known in his works as “The
Constitution not a compact between sovereign States.”
In a general way the same criticism is applicable
to this debate as to that with Hayne, but there were
some important differences. Mr. Calhoun’s
argument was superior to that of his follower.
It was dry and hard, but it was a splendid specimen
of close and ingenious reasoning, and, as was to be
expected, the originator and master surpassed the imitator
and pupil. Mr. Webster’s speech, on the
other hand, in respect to eloquence, was decidedly
inferior to the masterpiece of 1830. Mr. Curtis
says, “Perhaps there is no speech ever made
by Mr. Webster that is so close in its reasoning, so
compact, and so powerful.” To the first
two qualities we can readily assent, but that it was
equally powerful may be doubted. So long as Mr.
Webster confined himself to defending the Constitution
as it actually was and as what it had come to mean
in point of fact, he was invincible. Just in
proportion as he left this ground and attempted to
argue on historical premises that it was a fundamental
law, he weakened his position, for the historical
facts were against him. In the reply to Hayne
he touched but slightly on the historical, legal,
and theoretical aspects of the case, and he was overwhelming.
In the reply to Calhoun he devoted his strength chiefly
to these topics, and, meeting his keen antagonist on
the latter’s own chosen ground, he put himself
at a disadvantage. In the actual present and
in the steady course of development, the facts were
wholly with Mr. Webster. Whatever the people
of the United States understood the Constitution to
mean in 1789, there can be no question that a majority
in 1833 regarded it as a fundamental law, and not
as a compact an opinion which has now become
universal. But it was quite another thing to argue
that what the Constitution had come to mean was what
it meant when it was adopted. The identity of
meaning at these two periods was the proposition which
Mr. Webster undertook to maintain, and he upheld it
as well and as plausibly as the nature of the case
admitted. His reasoning was close and vigorous;
but he could not destroy the theory of the Constitution
as held by leaders and people in 1789, or reconcile
the Virginia and Kentucky resolutions or the Hartford
Convention with the fundamental-law doctrines.
Nevertheless, it would be an error to suppose that
because the facts of history were against Mr. Webster
in these particulars, this able, ingenious, and elaborate
argument was thrown away. It was a fitting supplement
and complement to the reply to Hayne. It reiterated
the national principles, and furnished those whom
the statement and demonstration of an existing fact
could not satisfy, with an immense magazine of lucid
reasoning and plausible and effective arguments.
The reply to Hayne gave magnificent expression to
the popular feeling, while that to Calhoun supplied
the arguments which, after years of discussion, converted
that feeling into a fixed opinion, and made it strong
enough to carry the North through four years of civil
war. But in his final speech in this debate Mr.
Webster came back to his original ground, and said,
in conclusion, “Shall we have a general government?
Shall we continue the union of States under a government
instead of a league? This vital and all-important
question the people will decide.” The vital
question went to the great popular jury, and they
cast aside all historical premises and deductions,
all legal subtleties and refinements, and gave their
verdict on the existing facts. The world knows
what that verdict was, and will never forget that it
was largely due to the splendid eloquence of Daniel
Webster when he defended the cause of nationality
against the slave-holding separatists of South Carolina.
While this great debate was in progress,
and Mr. Webster and the faithful adherents of Jackson
were pushing the “Force Bill” to a vote,
Mr. Clay was making every effort to carry the compromise
tariff. In spite of his exertions, the Force
Bill passed on February 20, but close behind came the
tariff, which Mr. Webster opposed, on its final passage,
in a vigorous speech. There is no need to enter
into his economical objections, but he made his strongest
stand against the policy of sacrificing great interests
to soothe South Carolina. Mr. Clay replied, but
did not then press a vote, for, with that dexterous
management which he had exhibited in 1820 and was
again to display in 1850, he had succeeded in getting
his tariff bill carried rapidly through the House,
in order to obviate the objection that all money bills
must originate in the lower branch. The House
bill passed the Senate, Mr. Webster voting against
it, and became law. There was no further need
of the Force Bill. Clay, Calhoun, even the daring
Jackson ultimately, were very glad to accept the easy
escape offered by a compromise. South Carolina
had in reality prevailed, although Mr. Clay had saved
protection in a modified form. Her threats of
nullification had brought the United States government
to terms, and the doctrines of Calhoun went home to
the people of the South with the glory of substantial
victory about them, to breed and foster separatism
and secession, and prepare the way for armed conflict
with the nobler spirit of nationality which Mr. Webster
had roused in the North.
Speaking of Mr. Webster at this period, Mr. Benton
says:
“He was the colossal figure on
the political stage during that eventful time,
and his labors, splendid in their day, survive for
the benefit of distant posterity."... “It
was a splendid era in his life, both for his
intellect and his patriotism. No longer the advocate
of classes or interests, he appeared as the great
defender of the Union, of the Constitution, of
the country, and of the administration to which
he was opposed. Released from the bonds of
party and the narrow confines of class and corporation
advocacy, his colossal intellect expanded to
its full proportions in the field of patriotism,
luminous with the fires of genius, and commanding
the homage not of party but of country. His magnificent
harangues touched Jackson in his deepest-seated
and ruling feeling, love of country, and brought
forth the response which always came from him
when the country was in peril and a defender presented
himself. He threw out the right hand of fellowship,
treated Mr. Webster with marked distinction,
commended him with public praise, and placed
him on the roll of patriots. And the public mind
took the belief that they were to act together
in future, and that a cabinet appointment or
a high mission would be the reward of his patriotic
service. It was a crisis in the life of Mr. Webster.
He stood in public opposition to Mr. Clay and
Mr. Calhoun. With Mr. Clay he had a public
outbreak in the Senate. He was cordial with Jackson.
The mass of his party stood by him on the proclamation.
He was at a point from which a new departure
might be taken: one at which he could not
stand still; from which there must be either advance
or recoil. It was a case in which will
more than intellect was to rule.
He was above Mr. Clay and Mr. Calhoun in intellect,
below them in will: and he was soon seen cooperating
with them (Mr. Clay in the lead) in the great
measure condemning President Jackson.”
This is of course the view of a Jacksonian
leader, but it is none the less full of keen analysis
and comprehension of Mr. Webster, and in some respects
embodies very well the conditions of the situation.
Mr. Benton naturally did not see that an alliance
with Jackson was utterly impossible for Mr. Webster,
whose proper course was therefore much less simple
than it appeared to the Senator from Missouri.
There was in reality no common ground possible between
Webster and Jackson except defence of the national
integrity. Mr. Webster was a great orator, a splendid
advocate, a trained statesman and economist, a remarkable
constitutional lawyer, and a man of immense dignity,
not headstrong in temper and without peculiar force
of will. Jackson, on the other hand, was a rude
soldier, unlettered, intractable, arbitrary, with
a violent temper and a most despotic will. Two
men more utterly incompatible it would have been difficult
to find, and nothing could have been more wildly fantastic
than to suppose an alliance between them, or to imagine
that Mr. Webster could ever have done anything but
oppose utterly those mad gyrations of personal government
which the President called his “policy.”
Yet at the same time it is perfectly
true that just after the passage of the tariff bill
Mr. Webster was at a great crisis in his life.
He could not act with Jackson. That way was shut
to him by nature, if by nothing else. But he
could have maintained his position as the independent
and unbending defender of nationality and as the foe
of compromise. He might then have brought Mr.
Clay to his side, and remained himself the undisputed
head of the Whig party. The coalition between
Clay and Calhoun was a hollow, ill-omened thing, certain
to go violently to pieces, as, in fact, it did, within
a few years, and then Mr. Clay, if he had held out
so long, would have been helpless without Mr. Webster.
But such a course required a very strong will and
great tenacity of purpose, and it was on this side
that Mr. Webster was weak, as Mr. Benton points out.
Instead of waiting for Mr. Clay to come to him, Mr.
Webster went over to Clay and Calhoun, and formed for
a time the third in that ill-assorted partnership.
There was no reason for his doing so. In fact
every good reason was against it. Mr. Clay had
come to Mr. Webster with his compromise, and had been
met with the reply “that it would be yielding
great principles to faction; and that the time had
come to test the strength of the Constitution and the
government.” This was a brave, manly answer,
but Mr. Clay, nationalist as he was, had straightway
deserted his friend and ally, and gone over to the
separatists for support. Then a sharp contest
had occurred between Mr. Webster and Mr. Clay in the
debate on the tariff; and when it was all over, the
latter wrote with frank vanity and a slight tinge
of contempt: “Mr. Webster and I came in
conflict, and I have the satisfaction to tell you that
he gained nothing. My friends flatter me with
my having completely triumphed. There is no permanent
breach between us. I think he begins already to
repent his course.” Mr. Clay was intensely
national, but his theory of preserving the Union was
by continual compromise, or, in other words, by constant
yielding to the aggressive South. Mr. Webster’s
plan was to maintain a firm attitude, enforce absolute
submission to all constitutional laws, and prove that
agitation against the Union could lead only to defeat.
This policy would not have resulted in rebellion,
but, if it had, the hanging of Calhoun and a few like
him, and the military government of South Carolina,
by the hero of New Orleans, would have taught slave-holders
such a lesson that we should probably have been spared
four years of civil war. Peaceful submission,
however, would have been the sure outcome of Mr. Webster’s
policy. But a compromise appealed as it always
does to the timid, balance-of-power party. Mr.
Clay prevailed, and the manufacturers of New England,
as well as elsewhere, finding that he had secured for
them the benefit of time and of the chapter of accidents,
rapidly came over to his support. The pressure
was too much for Mr. Webster. Mr. Clay thought
that if Mr. Webster “had to go over the work
of the last few weeks he would have been for the compromise,
which commands the approbation of a great majority.”
Whether Mr. Webster repented his opposition to the
compromise no one can say, but the change of opinion
in New England, the general assent of the Whig party,
and the dazzling temptations of presidential candidacy
prevailed with him. He fell in behind Mr. Clay,
and remained there in a party sense and as a party
man for the rest of his life.
The terrible prize of the presidency
was indeed again before his eyes. Mr. Clay’s
overthrow at the previous election had removed him,
for the time being at least, from the list of candidates,
and thus freed Mr. Webster from his most dangerous
rival. In the summer of 1833 Mr. Webster made
a tour through the Western States, and was received
everywhere with enthusiasm, and hailed as the great
expounder and defender of the Constitution. The
following winter he stood forward as the preeminent
champion of the Bank against the President. Everything
seemed to point to him as the natural candidate of
the opposition. The Legislature of Massachusetts
nominated him for the presidency, and he himself deeply
desired the office, for the fever now burned strongly
within him. But the movement came to nothing.
The anti-masonic schism still distracted the opposition.
The Kentucky leaders were jealous of Mr. Webster, and
thought him “no such man” as their idol
Henry Clay. They admitted his greatness and his
high traits of character, but they thought his ambition
mixed with too much self-love. Governor Letcher
wrote to Mr. Crittenden in 1836 that Clay was more
elevated, disinterested and patriotic than Webster,
and that the verdict of the country had had a good
effect on the latter. Despite the interest and
enthusiasm which Mr. Webster aroused in the West, he
had no real hold upon that section or upon the masses
of the people and the Western Whigs turned to Harrison.
There was no hope in 1836 for Mr. Webster, or, for
that matter, for his party either. He received
the electoral vote of faithful Massachusetts, and
that was all. As it was then, so it had been
at the previous election, and so it was to continue
to be at the end of every presidential term.
There never was a moment when Mr. Webster had any
real prospect of attaining to the presidency.
Unfortunately he never could realize this. He
would have been more than human, perhaps, if he had
done so. The tempting bait hung always before
his eyes. The prize seemed to be always just
coming within his reach, and was really never near
it. But the longing had entered his soul.
He could not rid himself of the idea of this final
culmination to his success; and it warped his feelings
and actions, injured his career, and embittered his
last years.
This notice of the presidential election
of 1836 has somewhat anticipated the course of events.
Soon after the tariff compromise had been effected,
Mr. Webster renewed his relations with Mr. Clay, and,
consequently, with Mr. Calhoun, and their redoutable
antagonist in the President’s chair soon gave
them enough to do. The most immediate obstacle
to Mr. Webster’s alliance with General Jackson
was the latter’s attitude in regard to the bank.
Mr. Webster had become satisfied that the bank was,
on the whole, a useful and even necessary institution.
No one was better fitted than he to decide on such
a question, and few persons would now be found to differ
from his judgment on this point. In a general
way he may be said to have adopted the Hamiltonian
doctrine in regard to the expediency and constitutionality
of a national bank. There were intimations in
the spring of 1833 that the President, not content
with preventing the re-charter of the bank, was planning
to strike it down, and practically deprive it of even
the three years of life which still remained to it
by law. The scheme was perfected during the summer,
and, after changing his Secretary of the Treasury
until he got one who would obey, President Jackson
dealt his great blow. On September 26 Mr. Taney
signed the order removing the deposits of the government
from the Bank of the United States. The result
was an immediate contraction of loans, commercial
distress, and great confusion.
The President had thrown down the
gage, and the leaders of the opposition were not slow
to take it up. Mr. Clay opened the battle by introducing
two resolutions, one condemning the action
of the President as unconstitutional, the other attacking
the policy of removal, and a long and bitter debate
ensued. A month later, Mr. Webster came forward
with resolutions from Boston against the course of
the President. He presented the resolutions in
a powerful and effective speech, depicting the deplorable
condition of business, and the injury caused to the
country by the removal of the deposits. He rejected
the idea of leaving the currency to the control of
the President, or of doing away entirely with paper,
and advocated the re-charter of the present bank,
or the creation of a new one; and, until the time
for that should arrive, the return of the deposits,
with its consequent relief to business and a restoration
of stability and of confidence for the time being
at least. He soon found that the administration
had determined that no law should be passed, and that
the doctrine that Congress had no power to establish
a bank should be upheld. He also discovered that
the constitutional pundit in the White House, who
was so opposed to a single national bank, had created,
by his own fiat, a large number of small national
banks in the guise of state banks, to which the public
deposits were committed, and the collection of the
public revenues intrusted. Such an arbitrary
policy, at once so ignorant, illogical, and dangerous,
aroused Mr. Webster thoroughly, and he entered immediately
upon an active campaign against the President.
Between the presentation of the Boston resolutions
and the close of the session he spoke on the bank,
and the subjects necessarily connected with it, no
less than sixty-four times. He dealt entirely
with financial topics, chiefly those relating
to the currency, and with the constitutional questions
raised by the extension of the executive authority.
This long series of speeches is one of the most remarkable
exhibitions of intellectual power ever made by Mr.
Webster, or indeed by any public man in our history.
In discussing one subject in all its bearings, involving
of necessity a certain amount of repetition, he not
only displayed an extraordinary grasp of complicated
financial problems and a wide knowledge of their scientific
meaning and history, but he showed an astonishing fertility
in argument, coupled with great variety and clearness
of statement and cogency of reasoning. With the
exception of Hamilton, Mr. Webster is the only statesman
in our history who was capable of such a performance
on such a subject, when a thorough knowledge had to
be united with all the resources of debate and all
the arts of the highest eloquence.
The most important speech of all was
that delivered in answer to Jackson’s “Protest,”
sent in as a reply to Mr. Clay’s resolutions
which had been sustained by Mr. Webster as chairman
of the Committee on Finance. The “Protest”
asserted, in brief, that the Legislature could not
order a subordinate officer to perform certain duties
free from the control of the President; that the President
had the right to put his own conception of the law
into execution; and, if the subordinate officer refused
to obey, then to remove such officer; and that the
Senate had therefore no right to censure his removal
of the Secretary of the Treasury, in order to reach
the government deposits. To this doctrine Mr.
Webster replied with great elaboration and ability.
The question was a very nice one. There could
be no doubt of the President’s power of removal,
and it was necessary to show that this power did not
extend to the point of depriving Congress of the right
to confer by law specified and independent powers upon
an inferior officer, or of regulating the tenure of
office. To establish this proposition, in such
a way as to take it out of the thick and heated atmosphere
of personal controversy, and put it in a shape to carry
conviction to the popular understanding, was a delicate
and difficult task, requiring, in the highest degree,
lucidity and ingenuity of argument. It is not
too high praise to say that Mr. Webster succeeded entirely.
The real contest was for the possession of that debatable
ground which lies between the defined limits of the
executive and legislative departments. The struggle
consolidated and gave coherence to the Whig party as
representing the opposition to executive encroachments.
At the time Jackson, by his imperious will and marvellous
personal popularity, prevailed and obtained the acceptance
of his doctrines. But the conflict has gone on,
and the balance of advantage now rests with the Legislature.
This tendency is quite as dangerous as that of which
Jackson was the exponent, if not more so. The
executive department has been crippled; and the influence
and power of Congress, and especially of the Senate,
have become far greater than they should be, under
the system of proportion and balance embodied in the
Constitution. Despite Jackson’s victory
there is, to-day, far more danger of undue encroachments
on the part of the Senate than on that of the President.
At the next session the principal
subject of discussion was the trouble with France.
Irritated at the neglect of the French government to
provide funds for the payment of their debt to us,
Jackson sent in a message severely criticising them,
and recommending the passage of a law authorizing
reprisals on French property. The President and
his immediate followers were eager for war, Calhoun
and his faction regarded the whole question as only
matter for “an action of assumpsit,” while
Mr. Webster and Mr. Clay desired to avoid hostilities,
but wished the country to maintain a firm and dignified
attitude. Under the lead of Mr. Clay, the recommendation
of reprisals was rejected, and under that of Mr. Webster
a clause smuggled into the Fortification Bill to give
the President three millions to spend as he liked
was struck out and the bill was subsequently lost.
This affair, which brought us to the verge of war
with France, soon blew over, however, and caused only
a temporary ripple, although Mr. Webster’s attack
on the Fortification Bill left a sting behind.
In this same session Mr. Webster made
an exhaustive speech on the question of executive
patronage and the President’s power of appointment
and removal. He now went much farther than in
his answer to the “Protest,” asserting
not only the right of Congress to fix the tenure of
office, but also that the power of removal, like the
power of appointment, was in the President and Senate
jointly. The speech contained much that was valuable,
but in its main doctrine was radically unsound.
The construction of 1789, which decided that the power
of removal belonged to the President alone, was clearly
right, and Mr. Webster failed to overthrow it.
His theory, embodied in a bill which provided that
the President should state to the Senate, when he
appointed to a vacancy caused by removal, his reasons
for such removal, was thoroughly mischievous.
It was more dangerous than Jackson’s doctrine,
for it tended to take the power of patronage still
more from a single and responsible person and vest
it in a large and therefore wholly irresponsible body
which has always been too much inclined to degenerate
into an office-broking oligarchy, and thus degrade
its high and important functions. Mr. Webster
argued his proposition with his usual force and perspicuity,
but the speech is strongly partisan and exhibits the
disposition of an advocate to fit the Constitution
to his particular case, instead of dealing with it
on general and fundamental principles.
The session closed with a resolution
offered by Mr. Benton to expunge the resolutions of
censure upon the President, which was overwhelmingly
defeated, and was then laid upon the table, on the
motion of Mr. Webster. He also took the first
step to prevent the impending financial disaster growing
out of the President’s course toward the bank,
by carrying a bill to stop the payment of treasury
warrants by the deposit banks in current banknotes,
and to compel their payment in gold and silver.
The rejection of Benton’s resolutions served
to embitter the already intense conflict between the
President and his antagonists, and Mr. Webster’s
bill, while it showed the wisdom of the opposition,
was powerless to remedy the mischief which was afoot.
In this same year (1835) the independence
of Texas was achieved, and in the session of 1835-36
the slavery agitation began its march, which was only
to terminate on the field of battle and in the midst
of contending armies. Mr. Webster’s action
at this time in regard to this great question, which
was destined to have such an effect upon his career,
can be more fitly narrated when we come to consider
his whole course in regard to slavery in connection
with the “7th of March” speech. The
other matters of this session demand but a brief notice.
The President animadverted in his message upon the
loss of the Fortification Bill, due to the defeat of
the three million clause. Mr. Webster defended
himself most conclusively and effectively, and before
the session closed the difficulties with France were
practically settled. He also gave great attention
to the ever-pressing financial question, trying to
mitigate the evils which the rapid accumulation of
the public funds was threatening to produce. He
felt that he was powerless, that nothing indeed could
be done to avert the approaching disaster; but he
struggled to modify its effects and delay its progress.
Complications increased rapidly during
the summer. The famous “Specie Circular,”
issued by the Secretary of the Treasury without authority
of law, weakened all banks which did not hold the
government deposits, forced them to contract their
loans, and completed the derangement of domestic exchange.
This grave condition of affairs confronted Congress
when it assembled in December, 1836. A resolution
was introduced to rescind the Specie Circular, and
Mr. Webster spoke at length in the debate, defining
the constitutional duties of the government toward
the regulation of the currency, and discussing in
a masterly manner the intricate questions of domestic
exchanges and the excessive circulation of bank notes.
On another occasion he reiterated his belief that
a national bank was the true remedy for existing ills,
but that only hard experience could convince the country
of its necessity.
At this session the resolution to
expunge the vote of censure of 1833 was again brought
forward by Mr. Benton. The Senate had at last
come under the sway of the President, and it was clear
that the resolution would pass. This precious
scheme belongs to the same category of absurdities
as the placing Oliver Cromwell’s skull on Temple
Bar, and throwing Robert Blake’s body on a dung-hill
by Charles Stuart and his friends. It was not
such a mean and cowardly performance as that of the
heroes of the Restoration, but it was far more “childish-foolish.”
The miserable and ludicrous nature of such a proceeding
disgusted Mr. Webster beyond measure. Before the
vote was taken he made a brief speech that is a perfect
model of dignified and severe protest against a silly
outrage upon the Constitution and upon the rights
of senators, which he was totally unable to prevent.
The original censure is part of history. No “black
lines” can take it out. The expunging resolution,
which Mr. Curtis justly calls “fantastic and
theatrical,” is also part of history, and carries
with it the ineffaceable stigma affixed by Mr. Webster’s
indignant protest.
Before the close of the session Mr.
Webster made up his mind to resign his seat in the
Senate. He had private interests which demanded
his attention, and he wished to travel both in the
United States and in Europe. He may well have
thought, also, that he could add nothing to his fame
by remaining longer in the Senate. But besides
the natural craving for rest, it is quite possible
that he believed that a withdrawal from active and
official participation in politics was the best preparation
for a successful candidacy for the presidency in 1840.
This certainly was in his mind in the following year
(1838), when the rumor was abroad that he was again
contemplating retirement from the Senate; and it is
highly probable that the same motive was at bottom
the controlling one in 1837. But whatever the
cause of his wish to resign, the opposition of his
friends everywhere, and of the Legislature of Massachusetts,
formally and strongly expressed, led him to forego
his purpose. He consented to hold his seat for
the present, at least, and in the summer of 1837 made
an extended tour through the West, where he was received
as before with the greatest admiration and enthusiasm.
The distracted condition of the still
inchoate Whig party in 1836, and the extraordinary
popularity of Jackson, resulted in the complete victory
of Mr. Van Buren. But the General’s chosen
successor and political heir found the great office
to which he had been called, and which he so eagerly
desired, anything but a bed of roses. The ruin
which Jackson’s wild policy had prepared was
close at hand, and three months after the inauguration
the storm burst with full fury. The banks suspended
specie payments and universal bankruptcy reigned throughout
the country. Our business interests were in the
violent throes of the worst financial panic which had
ever been known in the United States. The history
of Mr. Van Buren’s administration, in its main
features, is that of a vain struggle with a hopeless
network of difficulties, and with the misfortune and
prostration which grew out of this wide-spread disaster.
It is not necessary here to enter into the details
of these events. Mr. Webster devoted himself in
the Senate to making every effort to mitigate the
evils which he had prophesied, and to prevent their
aggravation by further injudicious legislation.
His most important speech was delivered at the special
session against the first sub-treasury bill and Mr.
Calhoun’s amendment. Mr. Calhoun, who had
wept over the defeat of the bank bill in 1815, was
now convinced that all banks were mistakes, and wished
to prevent the acceptance of the notes of specie paying
banks for government dues. Mr. Webster’s
speech was the fullest and most elaborate he ever
made on the subject of the currency, and the relations
of the government to it. His theme was the duty
and right of the general government under the Constitution
to regulate and control the currency, and his masterly
argument was the best that has ever been made, leaving
in fact nothing to be desired.
In the spring of 1839 there was talk
of sending Mr. Webster to London as commissioner to
settle the boundary disputes, but it came to nothing,
and in the following summer he went to England in
his private capacity accompanied by his family.
The visit was in every way successful. It brought
rest and change as well as pleasure, and was full of
interest. Mr. Webster was very well received,
much attention was paid him, and much admiration shown
for him. He commanded all this, not only by his
appearance, his reputation, and his intellectual force,
but still more by the fact that he was thoroughly
and genuinely American in thought, feeling, and manner.
He reached New York on his return
at the end of December, and was there met by the news
of General Harrison’s nomination by the Whigs.
In the previous year it had seemed as if, with Clay
out of the way by the defeat of 1832, and Harrison
by that of 1836, the great prize must fall to Mr. Webster.
His name was brought forward by the Whigs of Massachusetts,
but it met with no response even in New England.
It was the old story; Mr. Clay and his friends were
cool, and the masses of the party did not desire Mr.
Webster. The convention turned from the Massachusetts
statesman and again nominated the old Western soldier.
Mr. Webster did not hesitate as to
the course he should pursue upon his return.
He had been reelected to the Senate in January, 1839,
and after the session closed in July, 1840, he threw
himself into the campaign in support of Harrison.
The people did not desire Mr. Webster to be their President,
but there was no one whom they so much wished to hear.
He was besieged from all parts of the country with
invitations to speak, and he answered generously to
the call thus made upon him.
On his way home from Washington, in
March, 1837, more than three years before, he had
made a speech at Niblo’s Garden in New York, the
greatest purely political speech which he ever delivered.
He then reviewed and arraigned with the greatest severity
the history of Jackson’s administration, abstaining
in his characteristic way from all personal attack,
but showing, as no one else could show, what had been
done, and the results of the policy, which were developing
as he had predicted. He also said that the worst
was yet to come. The speech produced a profound
impression. People were still reading it when
the worst really came, and the great panic broke over
the country. Mr. Webster had, in fact, struck
the key-note of the coming campaign in the Niblo-Garden
speech of 1837. In the summer of 1840 he spoke
in Massachusetts, New York, Pennsylvania, and Virginia,
and was almost continually upon the platform.
The great feat of 1833-34, when he made sixty-four
speeches in the Senate on the bank question, was now
repeated under much more difficult conditions.
In the first instance he was addressing a small and
select body of trained listeners, all more or less
familiar with the subject. In 1840 he was obliged
to present these same topics, with all their infinite
detail and inherent dryness, to vast popular audiences,
but nevertheless he achieved a marvellous success.
The chief points which he brought out were the condition
of the currency, the need of government regulation,
the responsibility of the Democrats, the miserable
condition of the country, and the exact fulfillment
of the prophecies he had made. The argument and
the conclusion were alike irresistible, but Mr. Webster
showed, in handling his subject, not only the variety,
richness, and force which he had displayed in the
Senate, but the capacity of presenting it in a way
thoroughly adapted to the popular mind, and yet, at
the same time, of preserving the impressive tone of
a dignified statesman, without any degeneration into
mere stump oratory. This wonderful series of speeches
produced the greatest possible effect. They were
heard by thousands and read by tens of thousands.
They fell, of course, upon willing ears. The
people, smarting under bankruptcy, poverty, and business
depression, were wild for a change; but nothing did
so much to swell the volume of public resentment against
the policy of the ruling party as these speeches of
Mr. Webster, which gave character and form to the
whole movement. Jackson had sown the wind, and
his unlucky successor was engaged in the agreeable
task of reaping the proverbial crop. There was
a political revolution. The Whigs swept the country
by an immense majority, the great Democratic party
was crushed to the earth, and the ignorant misgovernment
of Andrew Jackson found at last its fit reward.
General Harrison, as soon as he was elected, turned
to the two great chiefs of his party to invite them
to become the pillars of his administration.
Mr. Clay declined any cabinet office, but Mr. Webster,
after some hesitation, accepted the secretaryship of
state. He resigned his seat in the Senate February
22, 1841, and on March 4 following took his place
in the cabinet, and entered upon a new field of public
service.